GENERAL LAWS 

(AND JOINT RESOLUTIONS) 

OF THE 

LEGISLATURE OF ALABAMA 

PASSED AT THE 

SESSION OF 1915 

HELD AT THE CAPITOL, IN THE CITY OF MONTGOMERY, 

Commencing Tuesday, January 12, 1915. 


CHAS. HENDERSON, Governor. 
THOS. E. KILBY, Lieutenant-Governor. 

T. L. BULGER, Pres. Pro Tem. of the Senate. 
A. H. CARMICHAEL, Speaker of the House. 



I, John Purifoy, Secretary of State in and for the State of Ala 
bama, do hereby certify that this volume is published by the au 
thority of the State of Alabama, and in accordance with law. 

JOHN PURIFOY, 

Secretary of State. 


Montgomery, Ala. 
BROWN PRINTING COMPANY, 
State Printers and Binders, 
1915. 



MESSAGE 


OF 

GOV. EMMET O’NEAL. 


To the Senate and House of Representatives : 

The constitution requires that the Governor shall “from time 
to time give the Legislature information of the state of the 
government, and recommend for its consideration such meas¬ 
ures as he may deem expedient.” It is further provided that 
at the commencement of each regular session of the Legisla¬ 
ture and at the close of his term of office, he shall give informa,- 
tion by written message of the condition of the State. 

In compliance with this constitutional mandate, I submit 
for your consideration the following message: 

Since the adoption of the system of quadrennial sessions of 
the Legislature, both the incoming and retiring Governor are 
required to each deliver a message, and these messages are both 
submitted to the same Legislature, within a period of less than 
a week. The confusion to which this singular provision of the 
constitution leads is evident, and the useful purposes it seeks to 4 
subserve are difficult to understand. The retiring Governor 
is required to submit a message and to recommend such legisla¬ 
tion as his four years of actual experience in the administra¬ 
tion of the affairs of the State may suggest, and yet he retires 
from office within a few days after his message is delivered and 
is denied the opportunity of taking any part in aiding in the 
necessary reforms he may advocate. The Governor-elect is also 
required to give you information of the state of the government, 
although he is without any legal power at the time his message 
is prepared to demand from the different departments of the 
State government sworn reports and detailed information as 
to the needs of the respective departments. He is ushered into 
office with the Legislature in session, and before he has had an 
opportunity of familiarizing himself with actual conditions, 
or before he has acquired that practical knowledge which comes 
alone from experience, he is expected to at once submit to the 
law-making body all the reforms in legislation which can occur 
during his administration. The Governor should have at least 



IV 


six months experience in office before the Legislature convenes. 
Therefore, one of the many imperative reforms of the present 
constitution, in my opinion, is an admendment providing that 
the Legislature shall assemble only after the new Governor has 
had six months experience in office, and ample opportunity to 
give careful study to the wants of the State, and sufficient time 
within which to prepare such legislation as he may ascertain 
is necessary to secure a wise and progressive administration. 
Inducted into office during the turmoil of a legislative session, 
with the grave and exacting duties he must assume, and at a 
period when he is beseiged by hosts of applicants for office, and 
the most important appointments are to be made, the new 
Governor is nevertheless expected to know in advance of any 
actual experience, the condition of the State, and to anticipate 
with prophetic ken, all the legislation which may be needed 
during his term of office. 

The message I submit and the measures I recommend are 
the outgrowth of four years actual experience in the adminis¬ 
tration of the affairs of State. These recommendations are 
submitted with the earnest conviction that the enactment of 
the legislation which I will suggest, will not only secure greater 
economy and efficiency in the State government, but will pro¬ 
mote social and economic justice among our people. 

During my four years term of office, there have been repeated 
demands that I call the Legislature together in extraordinary 
session. While I have recognized that there was need of many 
important reforms in our laws, I did not believe that they con¬ 
stituted that extraordinary occasion which justified an extra 
session. The language of "the constitution means what it says 
—that the Governor can only call the Legislature in session 
when an “extraordinary occasion” exists. Not believing that 
such extraordinary occasions, as contemplated by the Constitu¬ 
tion, had arisen, I declined to convene the Legislature in extra¬ 
ordinary session. In a growing and progressive State, the 
demands for legislation on various subjects, must necessarily 
increase in proportion to our advance in industrial develop¬ 
ment. Inventive genius and scientific discoveries are constantly 
creating new legislative problems which demands legislative 
solution. The most serious objection, therefore, to the quad¬ 
rennial system, is that it denies the people of the State for four 
years the right to repeal or revise vicious or unwise legislation 
or to enact laws which may be essential to the prosperity and 
progress of the State. By the quadrennial system the right of 
the people of the State to self-government is suspended for four 



V 


years. It is therefore reasonable to expect that at this session 
there will he an unusual number of subjects demanding your 
attention. Many laws shown by experience to be unwise and 
defective are to be repealed, new and perplexing problems to be 
settled, and new interests and rights to be protected and guard¬ 
ed by law. I believe that the quadrennial system has proven to 
be the most prolific source yet devised for hasty, ill-advised and 
ill-considered legislation. I therefore most earnestly urge that 
the feverish and unseemly haste, which the limited time during 
which you can remain in session tends to produce, should be 
carefully avoided. You are the trusted representatives of the 
people,—the only agency through which their will in matters 
of legislation can be expressed. Many reforms are urgently 
needed, new and important legislation to be enacted, and I am 
convinced that you will consecrate to your arduous and impor¬ 
tant duties, your time and talents and that you will be actuated 
by a sincere and patriotic desire to improve conditions and 
advance the interests of the State. 

REFORMS OF LEGISLATIVE PROCEDURE. 

Our Legislative methods and procedure are in many respects 
inadequate and expensive. We should use the typewriter and 
printing press instead of the old method of engrossing and 
enrolling bills by hand. Under the custom that prevails of 
keeping a manuscript-journal, its reading is generally dispensed 
with and its contents are frequently unknown until months 
after adjournment. I would suggest that a printed daily jour¬ 
nal be placed on each member’s desk, on the morning of the 
day following the events which it records, enabling the record 
to be criticised and corrected while still fresh in the mind of 
every member. 

The number of bills introduced is generally beyond the 
capacity of the Legislature to consider and the introduction 
of duplicate bills on the same subject causes unnecessary con¬ 
sumption of time and needless expense. 

The Legislative committees are generally too large and too 
many, with the result that when important measures are to be 
considered and careful committee work to be done, it is almost 
impossible to secure a full attendance. Committee meetings 
should be in the forenoon, instead of at night, when the mem¬ 
bers are generally weary from labors of the day. 

There is much unnecessary waste of time by failure of the 
House and Senate committees meeting together. Under the 



VI 


practice that prevails, each committee must thresh over the 
same matters in the committee-room of each House. 

The number and character of the employees are too often 
determined, not by the amount or kind of w ork to be done, but 
by-the importunities of persons w r ho desire to be placed upon 
the legislative pay-roll. 

I am convinced that reform in these, as w'ell as other mat¬ 
ters, which are not enumerated, will cause a saving of thou¬ 
sands of dollars to the State and at the same time enable the 
Legislature to act more intelligently and efficiently. 

I would therefore recommend that all amendatory bills 
should be so printed as to show in a glance what changes are 
proposed in existing law’s, that all enrolling and engrossing 
shall be done by typewriter or by printing; that a parliamentary 
draftsman of skill and experience be employed to whom every 
bill should be submitted before introduction, in order that the 
proper phraseology may be used, defects corrected, and its 
unconstitutionality discovered, if any exists. The services of 
this draftsman to be free to members on written request ; and 
that members shall introduce only such bills as they are w illing 
to defend before the committees and on the floor, and that com¬ 
mittees should only report such bills favorably, as a majority 
of the committee are w illing to defend. 

I further recommend that printed journals be placed each 
day on each member’s desk, and when corrected enough copies 
to be printed for the bound volume, retained; that calendars 
and sub-indexes of bills be printed and distributed daily. I 
w T ould further suggest that the number of committees be reduced 
at least one-third, and that regular committee meetings shall 
be each forenoon from nine to twelve; that schedules of com¬ 
mittee meetings shall be printed and so arranged as to secure 
full meetings. I would further suggest that joint meetings 
shall be held of the Senate and House committees having in 
charge appropriations. There is nothing which has more tended 
to destroy confidence in our law-making bodies than the methods 
which prevail in committees. All committee hearings should 
be made open to the public, and a journal should be kept by 
each committee recording the names of all who appear in 
advocacy or opposition to each bill, as well as the votes of 
every member of the committee. The pit-falls, the conceal¬ 
ments, the dark-lantern methods which have heretofore pre¬ 
vailed in committees should be succeeded by open sessions, in 
which full opportunity is accorded to all w-ho are interested, 
to appear and present their view's. 



VII 


I would most earnestly urge that you provide by rule for 
the publication of a stenographic report of your daily proceed¬ 
ings. Legislative sessions furnish meager information and the 
publication of a stenographic report of debates and proceed¬ 
ings, would keep the public fully informed as to the record of 
each member and furnish a simple method by which responsi¬ 
bility for each law could be readily ascertained. Publicity is a 
most efficient remedy for many of the evils of legislative assem¬ 
blies, and the publication suggested would necessarily tend to 
make each individual legislator more careful in the discharge 
of his important duties. Under the system that now prevails, 
any member of the Legislature can introduce any bill on any 
subject be pleases. While we cannot restrict the right of a 
unember to offer as many bills as he pleases, he should at least 
be required to furnish with his bill a memorandum, showing 
by whom the bill was drafted, whether by the member or some 
other person, the purposes sought to be accomplished and a 
brief statement of the provisions, and this memoranda should 
be made a condition precedent to its reference to a committee. 
Many of the bills introduced in our Legislature are inspired by 
some private interest—some favor-seeking corporation, and 
seek to secure some unfair exemption, improper privilege or 
unjust franchise for partisan or private gain. By the method 
I suggest the party responsible for the bill can be readily ascer¬ 
tained. 

In making these suggestions I recognize that you alone can 
control your procedure. The Governor, however, by the very 
terms of the constitution, is made a part of the Legislature. 
Through the power vested in him by the Constitution to recom¬ 
mend measures, he can initiate legislation and can, if he sees 
proper, make his recommendations in the form of a bill. 

The recommendations which I make are in no spirit of criti¬ 
cism, and I am sure you will appreciate that my only purpose is 
to aid in securing better methods of procedure and thereby 
preventing unnecessary delays and insuring greater care in the 
enactment of legislation. 

These rules for the improvement of your procedure have 
been suggested not only by the experience of Alabama, but of 
other States, and wherever adopted have prevented unneces¬ 
sary waste, violations of constitutional provisions, reduced ex¬ 
penses and facilitated the labors of the legislative body. 



VIII 


FINANCE . 

When I entered upon the discharge of my duties the total 
receipts for the preceding four years was $18,712,746.00 and 
the disbursements were $20,238,854.53. The total excess 
of disbursements over receipts or income, for the four years 
prior to my administration, amounted therefore to • $1,526,- 
108.53. This shows that there had been an annual deficit during 
the term of my predecessor of $381,527.13. This annual deficit 
was paid out of the surplus of $1,814,453.37 left by the adminis¬ 
tration of Governor W. D. Jelks, and but for that surplus the 
State would have been bankrupt at the time I entered into 
office. Confronted with this situation, in conjunction with the 
Auditor and Attorney General, I carefully prepared a revenue 
bill, which sought to correct inequalities that then existed in 
our taxing system, which reached a large class of property 
which had been escaping taxation, and which, in my opinion, 
if adopted, would have produced revenue sufficient to have made 
the income of the State exceed its necessary expenditures. The 
committee to which this revenue bill was referred, notwith¬ 
standing repeated special messages on my part, urging prompt 
action, declined to make any report until practically the last 
day allowed by law, and the report it then did submit was a 
revenue bill entirely different from the one which had been so 
carefully prepared by the Governor, the Attorney General and 
the Auditor, in compliance with the constitutional mandate. 
Unfortunately, committees and delegations representing certain 
selfish special and corporate interests were allowed to exercise 
too great an influence in the drafting of the bill. The revenue 
bill was presented to me on the night of the last day on which 
it could be approved, and by this action on the part of the com¬ 
mittee, I was denied an opportunity of giving it that careful 
and painstaking scrutiny which its importance demanded. I 
was therefore either forced to approve the bill or call the Legis¬ 
lature into extraordinary session, at an enormous cost to the 
tax payers of the State. I have never yet been able to determine 
whether the revenue bill as adopted did not have the effect of 
decreasing instead of increasing the revenues of the State. 
With the growth of the State in wealth and population, there 
should necessarily be an annual increase in our taxable values 
and therefore in the State’s revenues. 

In order to supplement the revenues as far as possible, even 
with an inadequate revenue bill, I have given personal super¬ 
vision to the work of the State tax commission, have employed 



IX 


special counsel to collect franchise taxes and have instructed 
the State s examiners to aid in every possible way during their 
examinations, in ascertaining the amount due "the State for 
licenses and franchise taxes, and fees from corporations. 

The following are the receipts and disbursements for the 
fiscal year ending September 30th, 1914: 

RECEIPTS. 


G-etieal Fund. 


Convict Department_ 1162 493.18 

Licenses - 417*740.99 

Insurance Department_ 289*259.91 

Agricultural Department i qo’fiqo 14 

Mortgage Tax- IIII II i: 

Motor Vehicle Department_ 52 029.79 

Morrill Fund U. S. Treasury_ 50*000.00 

Solicitors’ Fees_ 39*848.71 

State Board Agriculture, License Oil Companies. 35*24o!46 

Foreign Corporations_ 24 513.33 

Salaries, Excise Commissioners_ 23*800.00 

Pure Food Department_ 22*171 03 

Express, Telegraph and Sleeping Car Companies. 21*398.11 

Domestic Corporations__ 18 453^47 

Sale Sixteenth Section Lands_ 20*352 32 

Interest, Alabama Girls’ Technical Institute_ 24*963.48 

Miscellaneous Receipts_ 98*199 02 


Total 


14,068,643.83 


Educational Fund. 


Taxes _ 

Poll Tax_ 

Examination of Teachers 
Miscellaneous Receipts ... 


1,736,237.78 

205,731.33 

15,509.67 

2,386.10 


Total 


$ 1,959,864.88 


Pension Fund. 


Taxes 


$ 578,492.41 



























X 


RECAPITULATION. 

Receipts. 

General Fund_$ 4,068,643.83 

Educational Fund_ 1,959,864.88 

Pension Fund_ 578,492.41 


Total Receipts_$ 6,607,001.12 

DISBURSEMENTS. 

General. 

Executive Department _$ 105,935.04 

Judicial Department_ 258,547.28 

Archives and History_ 8,656.74 

State Tax Commission_ 34,295.06 

Military Department_ 39,992.03 

Railroad Commission_ 18,562.22 

State Prison Inspector_ 10,056.49 

State Highway Commission_ 134,559.08 

State Mine Inspectors_ 21,591.22 

State Bank Department_ 11,739.09 

Game and Fish Commission_ 7,648.17 

Bureau Cotton Statistics_ 2,971.00 

State Live Stock Sanitary Board_ 5,266.14 

Immigration Department_- 6,385.40 

Medical Department_ 26,200.00 

Insurance Department *_ 14,429.51 

Geological Survey_ 12,374.13 

Agricultural Department_ 24,180.99 

Amounts Refunded_ 25,374.18 

State Board of Agriculture_ 24,799.10 

Feeding Prisoners_ 130,000.00 

Interest on Bonded Debt_ 357,450.00 

Bryce Hospital_ 353,193.75 

Public Printing_ 29,992.83 

Stationery and Postage_ 10,000.00 

Registration of Voters_ 20,862.00 

Bureau of Soils_ 8,933.77 

Excise Commissioners_ 26,635.00 

Miscellaneous Disbursements_ 59,003.54 


Total_$ 1,789,633.76 





































XI 


Education. 

Treasurers County Public Schools_ 

Normal Schools_ 

State and County Boards Examiners_ 

Institute Appropriations_ 

Contingent Fund_ 

Balance, School Fund_ 

University of Alabama_ 

Alabama Polytechnic Institute_ 

Alabama Girls’ Technical Institute_ 

County High Schools_ 

Deaf and Blind Schools_ 

Boys’ Industrial School_ 

Agricultural Schools_ 

Huntsville Normal School_ 

Florence Normal School_ 

Dale County High School_ 

N. E. A. & I. Institute_ 

Mt. Meigs School_ 

School Libraries_ 

Erection Rural School Houses_ 

Total_ 

Convict Department. 

Court Costs_ 

Maintenance 
Salaries _ 


Total_^ 

Pension Fund. 
Pensions_ 

Miscellaneous Disbursements_ 


Total 


recapitu lation . 

Dish ursements. 

General _ 

Education _ 

Convict Department_ 

Pensions _ 


2,273,436.47 

112,000.00 

13,244.89 

6,500.00 

3,000.00 

76,246.20 

158,500.00 

127,480.00 

162,544.24 

149,250.00 

90.492.50 

51.987.50 
41,000.00 
45,000.00 
37,500.00 

5,000.00 

3,000.00 

15,714.44 

6,350.00 

75,121.16 


3,453,367.40 


55,297.67 

623,748.21 

166,863.87 


845,909.75 


981,741.95 

2,372.20 


984,114.15 


1,789,633.76 

3,453,367.40 

845,909.75 

-984,114.15 


Total Disbursements 


$ 7,073,025.06 

































XII 


GENERAL STATEMENT—RECEIPTS AND DISBURSEMENTS, 

For Fiscal Year Ending September 30,1914- 

October 1, 1913, Balance in State Treasury-f 99,267.54 

Cash paid into State Treasury to September 30, 

1914 _ 6,607,01.12 

Warrants in favor soldiers returned and cancelled 29,318.15 
September 30, 1914, Warrants 
drawn on the State Treasury 

during the fiscal year-$ 7,073,025.06 

Deficit in State Treasury- 337,438.25 

Totals_$ 7,073,025.06 $7,073,025.06 

During the four years of my administration there has been 
collected $24,620,796.56, and there has been disbursed for pern 
sions during that period $3,793,503.30, and for education, in¬ 
cluding elementary schools, the higher institutions of learning 
and the reform schools,—$11,923,368.62, and there has been 
expended during this period for maintenance and general sup¬ 
port of the insane hospitals $1,377,050.35; for the judiciary 
$1,063,105.35 and interest on the public debt $1,429,800.00. 

For the fiscal year ending September 30th, 1914, over fifty 
per cent of the revenue of the State was expended for education, 
and practically the same ratio for the past four years. 

assessments. 

The following are the assessments for the four fiscal years 
ending September 30, 1914, with the amounts of general, soldier 
and school tax, for each year: 


Assessments General Tax 

1911 _ $541,764,761.00 $1,353,645.11 

1912 _ 566,807,488.00 1,417,010.21 

1913 _ 580,588,813.00 1,451,471.52 

1914 _ 615,380,500.00 1,538,450.00 

Soldier Tax School Tax 

1911 _ $541,764.76 $1,625,294.28 

1912 _ 566,807.48 1,690,423.46 

1913 _ 580,588.81 1,741,766.43 

1914 _ 615,380.50 1,846,140.00 
















Assessment 1914. 
Assessment 1911 


XIII 


$615,380,500.00 

541,764,761.00 


Increase in four rears__$ 74,615,739.00 

Assessment 1914_$615,380,500.00 

Assessment 1913__ 580,588,813.00 

Increase of 1914 over 1913_$ 34,791,687.00 


This increase of $34,791,687.00 of 1914 over 1913 only repre¬ 
sents the increase in the regular assessment. 

When the State Tax Commission completes its work of 
raises and taxation of solvent credits for 1914, it is estimated 
that the increase for 1914 will be approximately $75,000,000.00, 
and make the assessment for 1914 about $655,000,000.00. 

Already the taxation on $20,000,000.00 solvent credits has 
been adjusted, and the cases pending will probably increase it 
to the above figures. 

The taxes on these $75,000,000.00 increase in assessment for 
1914 will be as follows: 


General Tax __$ 187,500.00 

Soldier Tax_ 75,000.00 

School Tax _ 225,000.00 


Total increase_$ 487,500.00 


This $487,500.00 increase in taxes will make the receipts 
for 1915 $7,000,000.00, even if there are no increases in the 
receipts of the convict department, licenses and other sources 
of revenue of the State. 

Licenses collected for the four fiscal vears ending September 
30, 1914: 


1911 -$ 234,957.98 

1912 - 395,821.81 

1913 - 381,150.39 

1914 - 417,740.39 


Increase in four years_$ 182,738.01 


The total receipts for the four fiscal years ending September 
30th, 1914, were $24,620,796.56:—this was an average of $6,155,- 
199.14 for each year. The increase in receipts from 1911 to 

















XIV 


1914 was $1,119,636.40. The total disbursements for the four 
fiscal years were $25,978,925.66. This is an average of $6,494,- 
731.41 per annum. The disbursements for 1914 were $7,073,- 
025.00. 

This large increase in the disbursements for the fiscal year 
ending September 30th, 1914, was caused partly by the increased 
number of inmates of our eleemosynary institutions and by the 
allowance of certain contingent appropriations, the release of 
which was absolutely essential to the educational interests of 
the State. These appropriations were made contingent upon 
the approval of the Governor and amounted to $1,290,000.00 
per annum. 

While I have refused to release most of these contingent 
appropriations, there were certain moneys which I was com¬ 
pelled to release in order to maintain our educational institu¬ 
tions at their present standard. 

I have released one hundred thousand dollars for the Ala¬ 
bama Girls’ Technical Institute, at Montevallo, because that 
institution was doing extremely valuable work for the technical 
education of the young women of the State. The work of this 
institution would have been practically checked without the 
construction of adequate buildings for class-rooms and this 
appropriation was only released after I had made repeated per¬ 
sonal investigations of conditions and had reached the conclu¬ 
sion that the moneys already expended for the State, would 
have been wasted without these additional facilities. This 
institution is doing for the young women of Alabama what the 
Alabama Polytechnic Institute, at Auburn, is doing for the 
young men. 

The Medical College at Mobile had been classed by the Car¬ 
negie Foundation in the class known as Class A. This, the only 
State medical institution, would have been lowered in stan¬ 
dard, its usefulness and efficiency destroyed, if I had not re¬ 
leased a sufficient amount of the appropriation made bv the 
Legislature to enable it to continue the high standard it had 
reached. I did not believe the people of Alabama were willing 
to have this important institution lowered in its standard or 
efficiency. 

I have also been compelled to release certain appropriations 
for the State University and the Alabama Polytechnic Insti¬ 
tute, whose attendance had increased to such an extent that 
additional buildings and equipment were imperatively demand¬ 
ed, if their efficiency and standards were to be maintained. 



XV 


During the last Legislature, an act was passed making an 
appropriation of $50,000 for the erection of suitable dormi¬ 
tories for the State Normal School at Florence. This appro¬ 
priation was made contingent upon a donation by the people of 
Florence of $15,000 additional. The people of Florence made 
this additional donation, and in the early part of my adminis¬ 
tration, believing that the condition of the treasury would war¬ 
rant the expenditure, and impressed with the fact that the most 
growing need of our entire educational system was a better 
teaching force, I agreed to release this appropriation during 
my term of office, and which agreement I have carried out in 
good faith. A splendid dormitory has been erected, one of the 
best in the State, with the result that the field of usefulness of 
this important institution has been most materially enlarged. 

The other three State Normal Schools, to-wit,' the State 
Normal School at Jacksonville, at Troy, and at Livingston, are 
in urgent need of suitable dormitories. The last Legislature 
made appropriations for these institutions as well as for the 
school at Florence. These other three normal schools cannot 
properly do the important work entrusted to them by law—the 
training of teachers—without sufficient dormitories and school 
buildings. I was so deeply impressed, after reading the report 
of the superintendent of education, with the fact that the mass 
of teachers employed in our elementary schools were not prop¬ 
erly trained and equipped for the discharge of their important 
duties and that the one relief from the deplorable conditions 
that now exists, was by increasing the facilities of our normal 
schools and relying upon them to furnish a proper teaching 
force for the public schools of the State, that I agreed at the 
earnest request of the State normal school board, to release 
appropriations made by the last Legislature for additional 
buildings for these institutions. I made the release, however, 
and issued the warrants, only upon condition that these appro¬ 
priations would be paid in four annual installments, commenc¬ 
ing January, 1916, and ending January, 1919. By distributing 
the payments of these appropriations over this term of four 
years, I believed their payment could be readily made by the 
State treasurer, without imposing any undue burden upon the 
tax-payers of the State. 

When we remember that the State expends in the employ¬ 
ment of teachers in our elementary schools nearly two and 
one-half million dollars annually, and that, as shown by the 
report of the superintendent of education, nearly seventy-five 
per cent of the teachers employed have not received more than 



XVI 


an elementary education, it becomes apparent that every dollar 
used by the State in equipping teachers for their important 
work, is wisely and properly spent. 

Our expenditures exceed our receipts but I call your atten¬ 
tion to the fact that although this condition existed at the 
time I entered into office, the Legislature of Alabama in 1911 
increased the fixed charges and appropriations of the State 
five hundred thousand dollars annually, and also made contin¬ 
gent appropriations amounting to about one million dollars 
annually. This burden of five hundred thousand dollars annu¬ 
ally, imposed upon the treasury of the State, was for appropria¬ 
tions that were absolutely essential to the progress and develop¬ 
ment of the State. They were created in brief by the provision 
of the law authorizing the erection of high schools in every 
county in the State. No one familiar with our educational 
needs can doubt the wisdom of that appropriation. The estab¬ 
lishment of high schools in practically every county in the 
State, was demanded by the best and most advanced educational 
thought of the day, and was absolutely essential to coordinate 
our entire educational system. Without the high schools, there 
could be no increased attendance in our higher institutions of 
learning, and during my administration over one hundred and 
fifty thousand dollars annually of increased appropriations 
have been made for these institutions. 

Before my administration there was no highway department. 
Io do not believe there is an intelligent man in Alabama who 
does not recognize that one of the primary duties of the State 
is to furnish the people adequate and improved highways. Yet, 
highways cannot be constructed without money, and the Legis¬ 
lature appropriated annually one hundred and fifty-four thou¬ 
sand dollars for these highways,—an appropriation which had 
not existed prior to my administration,—and during my admin¬ 
istration $378,990.24 have been expended for the construction 
of highways, up to the fiscal year ending September 30th, 1914. 

For school libraries there has been expended during my 
administration fourteen thousand and sixty dollars—an ex¬ 
penditure which had not been made during the preceding admin¬ 
istration,—which payments were made upon the payment of 
double this money by the respective schools and counties of the 
State. 

For the erection of rural school houses the State has paid 
$229,328.60, which is a new burden upon the State treasury,— 
the State paying this money upon the payment of a similar 
amount by the respective counties. Although this was also a 



XVII 


new burden upon the State treasury yet, I do not believe any 
intelligent citizen in Alabama doubts that this expenditure 
was not only necessary but essential. The result of this expendi¬ 
ture is that Alabama today has better rural school buildings 
than ever before in its history. 

The Court of Appeals was also established during my admin¬ 
istration and imposed additional expense of about seventy 
thousand dollars during the four vears of mv term. The wis- 
dom of the creation of the court has been fully established by 
its relief of the congested condition that existed in the Supreme 
Court of the State and by securing a more speedy administra¬ 
tion of the law. 

The duties and powers of the State prison inspector were 
considerably enlarged by the Legislature in 1911, with the neces¬ 
sary result that the expenditures of this department were in¬ 
creased. The total amount expended for this department dur¬ 
ing my term being $36,365.12. 

Another additional charge upon the State treasury was an 
appropriation of $25,000.00 for the employment of farm demon¬ 
strators in every county in the State, which meant about one 
hundred thousand dollars during my administration. 

There was also expended during my administration the sum 
of fifty thousand dollars for the Governor’s mansion, and also 
one hundred thousand dollars for the erection of a new wing 
of the capitol. 

By the act approved February 9, 1911, the Legislature made 
an appropriation to be expended by the Alabama Polytechnic 
School for the advancement of agriculture—eradication of the 
boll-weevil and other agricultural purposes—the sum of $27,000 
annually. 

There was also an appropriation made for State fairs, part 
of which I released, to-wit, the sum of twenty-four thousand 
dollars. 

It will thus be seen that at least five hundred thousand dol¬ 
lars of fixed annual appropriations, to which no conditions 
were attached, were made by the last Legislature,—and condi¬ 
tional appropriations of more than a million dollars annually. 
These fixed annual appropriations were necessary for the proper 
administration of the State government, but instead of provid¬ 
ing the means for meeting these appropriations the Legislature 
in 1911 reduced the valuation of property in Alabama to a sixty 
per cent basis, which the Supreme Court on a test case made 
through my authority, declared to be constitutional. It will 
thus be seen that while enormously increasing appropriations 



XVIII 


and fixed charges upon the State government, the Legislature- 
reduced the taxable income of the State forty per cent. 

If all the property in Alabama was assessed at its actual 
market value, with six and one-half mills as the maximum basis 
of taxation, with other receipts, there would be more than 
enough money in the treasury to meet every appropriation, both 
fixed and contingent, and a large surplus would result. 

Even though the tax-payers of the State are relieved of forty 
per cent of the amount they should have been taxed, owing to 
the increase in wealth and population and the activity of the 
State tax commission and other efforts made by my administra¬ 
tion to increase our revenues, receipts for the fiscal year ending 
September 30th, 1915, will be seven million dollars, not consid¬ 
ering any increased receipts which may arise from the convict 
department, from licenses and other sources of revenue. This 
sum will be several hundred thousand dollars in excess of the 
disbursements for this year, if the disbursements for this year 
are the same as for 1914. We can confidently expect that the 
expenditures for 1915 will not exceed those for 1914. 

I therefore urge that the present law fixing the basis of 
assessments at sixty per cent of the actual value of property be 
repealed. That all property be assessed at its actual fair 
market value and that the Governor and the State tax commis¬ 
sion be authorized by law to fix the percentage of assessment, 
at such figure as in their judgment may be necessary to meet 
the necessary disbursements of the State government. 

In mv opinion, if the percentage of assessment was increased 
to sexenty-five per cent of the actual market value of taxable 
property, there would be more than sufficient revenues to meet 
all the obligations of the State and leave a reasonable surplus 
in the treasury. It is therefore useless to discuss the issuance 
of bonds to meet the State’s obligations, when by increasing the 
percentage of assessments to seventy-five per cent on actual 
value, we can readily pay all obligations of the State, including 
the deficit which now exists. Even if the rate of State taxation 
of six and one-half mills for State purposes, was levied on the 
actual value of property, our rate of taxation would still be less 
than most of the states in the Union and would not be onerous 
or oppressive. Notwithstanding the increased fixed charges 
upon the State treasury of five hundred thousand dollars a year 
as well as contingent appropriations of over a million dollars, 
a part of which I have been forced to release, the disbursements 
during my administration have been practically only two hun¬ 
dred thousand dollars more annually than the receipts. The- 



XIX 


disbursements of my predecessor were practically three hun¬ 
dred and eighty thousand dollars annually in excess of the 
receipts. 

The State now appropriates from its treasury for common 
schools, in addition to the three-mill tax, and other sources of 
revenue, $350,000, the entire appropriation being $600,000 con¬ 
tingent upon the approval of the Governor. 

Alabama contributes more from its general revenues for 
elementary education than any state in the Union, about 70% 
of all the appropriations for the public schools noAV coming 
from the State treasury. If you submit an amendment to the 
constitution authorizing local taxation, both county and school 
district, the common schools could be properly maintained by 
a system of local taxation. I would therefore recommend that 
upon the submission of this constitutional amendment, the 
present law making this appropriation of $600,000 to the public 
schools be repealed. The opportunity would then be left to the 
people of State, by a system of local taxation, to provide this 
and additional revenue, thereby greatly increasing the efficiency 
of our school system and relieving the State treasury of an 
unnecessary burden. 


LOCAL OPTION 

During the past six years this State has been deeply agitated 
by conflicting political theories with reference to dealing in 
intoxicating liquors. It appears from four elections, that the 
people of this State are still firmly committed to the essential 
doctrine of our race—local self-government. It is to be hoped 
that fanatical zeal and partisan interests will not again divert 
your attention from the real and pressing problems of the State 
upon this subject. If a conclusion has ever been reached on 
any political or social subject, the people of this State have 
certainly, and most emphatically declared themselves to have 
reached such a conclusion with reference to the question of 
prohibition. In four general elections, during which this sub¬ 
ject was the principal issue discussed, the people of this State 
have declared themselves as adhering to the fundamental politi¬ 
cal doctrine on which all our liberties rest, namely, the right 
of each community or unit to determine for itself the conven¬ 
tional laws which shall operate upon it. It has been demon¬ 
strated time and again in this State, that it is impossible to 
force a body of free people to regard or enforce a law to which 
they do not subscribe. It has been demonstrated time and 



XX 


again that the passage of a law which has not behind it the 
consent of the people, to whom it applies, brings into disrepute 
all other laws and tends to inaugurate a situation which disre¬ 
gards all law. The preceding Legislature undertook to deal 
with the question of prohibition and wisely did so. It recog¬ 
nized the large sentiment existing against the dealing in intoxi¬ 
cating liquors and remitted the question to each county under 
the principle of local self-government. Under the existing laws 
there are eight counties out of the sixty-seven within the State 
of Alabama in which intoxicating liquors are sold. It is a 
matter of common knowledge that the evils of intemperance in 
these counties are vastly less than when under the State-wide 
law, the sale of intoxicating liquors was entirely prohibited 
therein. The report of the attorney-general shows that in these 
counties where the will of free American citizens were con¬ 
sulted as to their local government, that all the laws were better 
observed than during the period when a law to which they did 
not subscribe was forced upon them. Under the local-option 
bill there was very much less public drunkenness and very 
many less cases in the criminal courts whose conception was 
connected with the use or abuse of intoxicating liquors, than 
during the period in which it was legally prohibited and by 
common consent illegally used. I particularly desire to direct 
your attention to the fact that the fundamental doctrine of 
local self-government to which the English-speaking people 
have always adhered and to which their power and glory is to be 
attributed, does not yield an exception with reference to dealing 
in intoxicating beverages. Whenever, with reference to any 
subject, the Legislature imposes upon any community a rule of 
conduct to which the majority of that community does not sub¬ 
scribe the Legislature then and there offers an inducement to 
the violation of law and with futile effort endeavors to strip 
from that community that personal and communal independ¬ 
ence which from the beginning has been its inheritance. In dis¬ 
cussing this subject with you, I shall but emphasize with all the 
force at my command, that there can be no effective law operat¬ 
ing in any community where the ideas of the majority of that 
community are in conflict with the law. It does not matter 
with what subject the law deals. A law to be effective is merely 
the crystalization of the public sentiment of the particular com¬ 
munity and any legislation which undertakes to deny any com¬ 
munity the right to have its own ideas on this question is a vain 
and ineffective law. This, of course, is the primary considera¬ 
tion in all matters with which you deal. I will, however, in' 



XXI 


connection with the subject of prohibition, direct your atten¬ 
tion to the fact that the State'of Alabama is deeply in debt and 
that its current expenses are considerably in excess of its in¬ 
come. The State has received since the passage of the Smith 
and Parks bills annually the sum of $85,312.84 from the legal¬ 
ized sale of liquor. If this amount of revenue is cut off bv a 
State-wide prohibition bill, the State must default upon some 
of its numerous trusts and obligations, unless, to supply the defi¬ 
ciency heavier taxes than those under which the people now 
groan, are imposed. It occurs to me that it would be a most 
ill-advised action of the Legislature at this particular period 
to cut off from this State an annual income of $85,312.84, and 
substitute a heavier taxation to replace it. The platform adopted 
by the Democratic party in general session is binding upon 
every democratic office-holder. This platform declares in em¬ 
phatic terms for local option, and I can conceive of no circum¬ 
stances or conditions which would justify any legislator elected 
by democratic voters to disregard the mandate of the Demo¬ 
cratic party. The people of this State in the past six years 
have given repeated and emphatic verdicts upon this question. 
In 1909 there was submitted to the people of this State an 
amendment to the constitution, whereby prohibition was sought 
to be placed in the organic law. This amendment, despite the 
most vigorous propaganda in its favor, was defeated by an 
immense majority. A short while later in the campaign for 
Governor, the people declined to elect as Governor the standard- 
bearer of the prohibition party, and did elect a candidate who 
stood for the principle of local option. Since then, in the pri¬ 
mary election to choose a United States Senator, Mr. Hobson, 
supported by all the forces of prohibition, was decisively de¬ 
feated by Mr. Underwood, who stood for the principle of local- 
option. In every election in which the people of this State have 
had the opportunity to express themselves they have repudiated 
the idea of prohibition and have declared themselves in unmis¬ 
takable terms in favor of local-option. 

TAXATION. 

It is the purpose of all methods of taxation, as far as pos¬ 
sible, to secure equalization of burden. The most fundamental 
evil in our methods of taxation is the uncertain and gross 
inequality in the assessment of property. While the law con¬ 
templates that all assessments shall be made by the county 
assessor, as a matter of actual practice, they are chiefly made* 



XXII 


by the property owner or bis agent. The first step, therefore, 
to improve our tax system is to require our tax assessors to 
actually assess property, remove him from local influences and 
control, and make him as he should be, subordinate and under 
the control of the State tax commission. Power cannot be 
conferred upon the Governor to remove a tax assessor, under 
the provisions of the present condition. To reach the evil that 
now exists, a constitutional amendment would probably be 
necessary, making the tax assessor appointive by the Governor 
°r by the State tax commission, with the approval of the Gov¬ 
ernor, and subjecting the assessor to removal for cause. 

I believe a most effective step in reform would be to take 
away from the present commissioners’ court and boards of 
ievenue in the State, the power now vested in them by law in 
reference to matters of taxation, and that a special board should 
be created to exercise all their powers and jurisdicitons,—this 
board to consist of three members, one of whom shall be ap¬ 
pointed by the Governor, one by the governing body of the larg¬ 
est municipality in the county, and one by the court of county 
commissioners or board of revenue, this board to be known as 
the county board of equalization . By this method, the State, 
county and principal municipality would be represented on the 
board. This board should also be given the power to establish 
a subordinate board, consisting of three members in each pre¬ 
cinct of the county, or such other subdivision of the county 
or city as may to them seem proper; this board, where prac¬ 
ticable, to be composed of an expert in real estate values, an 
expert architect, and a practical business man; this subordinate 
board to make the assessments in each precinct, subject to the 
revision of the county board of equalization. The officials 
entrusted by the constitution with the framing of the revenue 
law, the Governor, the attorney general, and the State auditor 
have completed their labors and I will submit to you in a sepa¬ 
rate message the bill which they prepared and the changes which 
they have made and the reasons which induced them to make 
the changes embodied therein. 

There are many corporations doing business in the State 
that are not qualified as provided by the Constitution. I would 
therefore suggest that the secretary of State be required 
monthly to file with the State tax commission, a statement of 
all permits issued by him to foreign corporations to do business 
in this State, and in connection therewith, to state whether or 
not such corporations had complied with the provisions of law 
by filing with him a copy of the articles of incorporation, and 



XXIII 


designating a known place of business in this State and the 
agent thereof, and if so, the name and address of such agent. 
He should also be required to report to them at the same time 
all foreign corporations which have qualified during the preced¬ 
ing month by filing copies of their articles of incorporation and 
designating a known place of business and an agent thereof. 
The State auditor should also be required to report monthly to 
the State Tax Commission, all foreign corporations which have 
paid their entrance fee through him as State auditor, stating 
therein the amount invested in this State as shown by the cer¬ 
tificate filed with him. The various judges of probate should 
also be required monthly to report to the State tax commis- 
mission a complete list of all corporations, both foreign and 
domestic, which have paid their corporation franchise tax to 
such judges of probate, and also a list of all domestic corpor¬ 
ations, the articles of incorporation of which have been filed 
in his office, stating the amount of capital stock paid up and 
the amount authorized. It should be made the duty of the 
State tax commission to carefully check these reports with the 
records of the secretary of State and determine therefrom 
whether any foreign corporation is doing business in this State 
without having qualified as provided by constitutional pro¬ 
vision, and if so, to instruct the attorney general to proceed 
against them for the collection of the penalty provided by law. 

Before a just and scientific system of taxation can be perfect¬ 
ed in Alabama, the present Constitution of the State must be 
changed. The present constitutional provisions as to uniform¬ 
ity of taxation have become obsolete. A large number of pro¬ 
gressive states permit their legislatures to classify property 
for the purpose of taxation. As Justice Brewer of the Supreme 
Court of the United States said, “A system that imposes the 
same tax upon every species of property, irrespective of its 
nature, condition, or class, will be destructive to the principles 
of uniformity and equality of taxation and of a just adapta¬ 
tion of property to its burdens.” 

A strict and rigid rule of absolute uniformity wherever re¬ 
quired by the Constitution should be so amended as to permit 
specific treatment of certain classes of property with proper re¬ 
strictions against unfair discrimination. 

There are many other provisions of our Constitution which 
unwisely shackle the legislative power as to taxation, which will 
be more fully discussed in a special message that I shall submit 
on the necessity of a constitutional convention to frame a new . 
Constitution for the State. 



XXIV 


CONVICT DEPARTMENT. 

THE LACY STEAL. 

The term of James G. Oakley, whom I appointed president 
of the board of convict inspectors, expired on the 4th of March, 
1913. While the receipts of the department under his admin¬ 
istration were in excess of those of his predecessor, yet in view 
of the improved business methods inaugurated and the better 
contracts which had been made, I had expected the earnings 
to be considerably increased. Being disappointed in that ex¬ 
pectation, in the latter part of the year 1912 I detailed several 
examiners of public accounts, with instructions to make a 
thorough and complete examination of every branch of the con¬ 
vict department. Moreover, as the time was rapidly approach¬ 
ing when it was my duty to determine whether the members of 
the bureau should be reappointed, it was important that I 
should receive full information as to the management of the 
department. It was well understood that upon the result of 
that examination I would be guided in making appointments 
for the ensuing term. It is true that under the provisions of 
law in reference to examiners of public accounts, I could only 
require the examiners to audit or examine the books of those 
officers receiving or disbursing funds belonging to the State or 
any county in the State. As there was no other officer of the 
convict department authorized to receive or disburse funds 
that belonged to the State except the president of the board of 
convict inspectors, I would have complied with the terms of 
the law by confining the examination to the books, accounts 
and vouchers of the president of the convict board, kept in the 
office at Montgomery. I did not, however, limit my examina¬ 
tion to the strict requirements of the law, but directed the chief 
examiner of public accounts and his assistants to make a com¬ 
plete investigation of the books and accounts of the State’s 
cotton mill at Speigner and the books and accounts of each 
and every warden at every prison and camp in the State hir¬ 
ing State convicts. It was my purpose to ascertain whether 
every dollar due the State of Alabama from convict hire or 
from other sources, had been paid into the State treasury. 

All the revenues of the convict department are derived from 
the following sources: The cotton mill at Speigner, the farms 
at Speigner, Wetumpka, the farm known as Number Four, 
and the contracts for hire of convicts made with different con¬ 
tractors in the State. 



XXVI 


seventeen thousand dollars. On Wednesday, March 12th, Mr. 
Evans again reported that a more thorough examination of the 
books at Speigner showed that there were five items amount¬ 
ing to about twenty-eight thousand dollars of cotton goods 
shipped to Goodin-Reid & Company, of Cincinnati, which were 
not entered upon the books of the convict department at Mont¬ 
gomery. I then instructed Examiners Evans and Brooke to im¬ 
mediately ascertain whether the amount of these sales had been 
deposited in the State treasury. On the same day the attorney 
general was called into consultation and we fully discussed the 
question of whether the facts in my possession authorized crim¬ 
inal proceedings against the president and chief clerk of the 
convict department. The attorney general suggested that the 
State had no positive proof that the goods shipped to Goodin- 
Reid & Co., had been paid for, or that if paid for and not en¬ 
tered upon the books of the convict department that the pro¬ 
ceeds had not gone into the State treasury and that the evi¬ 
dence in my possession did not sufficiently indicate who was 
the guilty party, if there had been a criminal misapplication 
of the funds. Accordingly a wire was sent to Goodin-Reid & Co., 
to ascertain whether they had paid for the amount of the ship¬ 
ment as shown, and to whom and how paid. Meanwhile the ex¬ 
amination of the books in the convict department which was 
proceeding, was delayed by the absence from the department 
of both the president and the chief clerk. I accordingly hand¬ 
ed Examiner Brooke a letter to the chief clerk instructing him 
to at once turn over to the examiner all correspondence, de¬ 
posit-slips, and monthly statements of the banks with which 
the convict department made deposits. My purpose in doing 
this was to ascertain whether the amount of the proceeds of 
the goods shipped to Goodin-Reid & Co. had or had not been 
turned into the State treasury. During the afternoon of the 
day I directed Examiner Brooke to deliver my letter to the 
chief clerk, Mr. Brooke informed me that he had been unable 
to deliver this letter to the chief clerk or to the president of 
the convict department on account of their absence from the 
office. I immediately wrote another letter to Chief Clerk 
Theo Lacy, informing him that “Examiner Brooke tells me that 
you have not been in your office since my letter was written,” 
and I therefore again repeated my demand and instructed him 
that if he was unable to come to the office, to deliver the keys 
of his desk to Inspector Greer, who was the only officer of the 
convict department in the office at the time. Inspector Greer 
was instructed to find Theo Lacy and if he declined to return 





XXV 


Under the provisions of the law, it is made the duty of the 
president of the board to cause to be made out an account on 
the first day of each month against each contractor, showing 
the number of convicts and the amount of hire due by each con¬ 
tractor for the preceding month. Copies of this account are re¬ 
quired to be furnished to the contractor and the State auditor. 
Within ten days after receiving such account, each contractor 
is required to settle and pay such accounts to the president of 
the board of convict inspectors. It will therefore be seen that 
the account against each contractor is kept both in the con¬ 
vict department as well as the office of the State auditor. It 
was evident, therefore, that any errors, irregularities or fraud 
in the collection of the moneys due by the contractors could be 
easily detected and would hardly be undertaken. Such condi¬ 
tions, however, did not exist at the cotton mill at Speigner. 
Cotton goods were being constantly shipped and checks in pay¬ 
ment of the shipments received all along during the month. I 
therefore reached the conclusion, that it was necessary to make a 
complete examination of the books of the cotton mill at Speigner 
and compare them with the books kept at the office in Mont¬ 
gomery, for I had reached the conclusion that if there was any 
misappropriation of the State’s moneys, it would inost prob¬ 
ably occur in the revenues arising from the sale of cotton 
goods. Accordingly, I detailed Examiner Evans to make an in¬ 
vestigation of the books at Speigner, giving . him full and 
specific instructions as to the character of examination to be 
made and impressing upon him its importance and the nec¬ 
essity of strictest secrecy. Examiner Brooke was detailed to 
make a careful examination of the office of the convict depart¬ 
ment at Montgomery. On Tuesday morning, March 11th, Ex¬ 
aminer Evans reported that he had discovered that entries 
made upon the books at Speigner did not appear to be entered 
upon the books of the convict department at Montgomery. 
After a conference with Chief Examiner McCall, Examiner 
Evans was instructed to return to Speigner and carefully ex¬ 
amine the bills of lading so as to ascertain whether these ship¬ 
ments had been actually made, and telegrams were also sent 
to the parties to whom the goods had been shipped to ascertain 
whether payments had been actually made. While this inves¬ 
tigation was proceeding, I sent for the president of the board 
of convict inspectors, but as he was absent, I instructed his 
chief clerk to deposit in the State treasury the amount which 
he claimed his books showed on that day was due the State by 
the convict department, to-wit: the sum of one hundred and 



XXVII 


to the Capitol, to get his keys and take possession of his desk 
and deliver all the papers therein to Examiners Brooke and 
Evans. In the meantime, on the same day, about noon of 
Wednesday, Mr. Dan Tra wick. Assistant Clerk in the convict 
department, informed me that he had turned into the State 
treasury the $117,000 due from the convict department On 
the same evening, not being able to locate Chief Clerk Theo 
Lacy, I called up the president of the convict Board, James 
G. Oakley, at his resdence, who informed me that he was con¬ 
fined to his bed by illness and that the doctor had prohibited 
him from leaving his residence, that Theo Lacy was intoxicat¬ 
ed but would promptly be on hand when the office opened on 
Thursday. On Thursday morning Mr. Oakley came to his of¬ 
fice and Chief Clerk Theo Lacy’s desk was opened and the 
papers examined by Mr. Brooke. On the same morning I was 
informed that the $117,000 which I had supposed had been de¬ 
posited in cash with the treasurer, had, in fact, consisted of 
two checks drawn on the First National Bank of Birmingham 
and the American Trust and Savings Company of that city, 
making a total of $117,000, and had been turned down by these 
banks because there was no money on deposit to the credit of 
the convict department. I thereupon had a warrant sworn 
out for the arrest of Chief Clerk Theo Lacy, and as he could 
not be found in the .city I had the sheriff to wire different police 
officers and detective agencies throughout the country, with 
his full description, and a reward for his arrest. I also em¬ 
ployed the William J. Burns Detective Agency, and instructed 
that company to spare no expense to secure Lacy’s speedy ap¬ 
prehension. Notwithstanding the active efforts of the William 
J. Burns Detective Agency, State authorities and other private 
detectives who had been employed, Lacy was successful in 
avoiding arrest and therefore on the 8th of April, 1913, I in¬ 
creased the amount of the reward to $5,000. 

Although I had supplemented the aid of the Burns Detec¬ 
tive Agency with a number of private detectives, with chiefs 
of police of Birmingham, and Montgomery and a number of 
sheriffs in other counties, although communication had been 
had with the State Department at Washington to bring to the 
State’s aid the diplomatic services in Spanish and British Hon¬ 
duras, to which countries it was rumored Lacy had fled, all 
efforts had proved unavailing and the Burns Detective Agency, 
upon my complaint that notwithstanding the great expense 
which their employment occasioned, no results had been ac¬ 
complished, advised me that their further services would be un- 



XXVIII 


availing and that they believed no good results could be ac¬ 
complished by continuing longer in the employment of the 
State. I thereupon employed another detective, who was rec¬ 
ommended to me as efficient and unusually successful in se¬ 
curing the apprehension of criminals, and he continued in the 
employment of the State until the twenty-ninth of January, 
1914, when Theo Lacy surrendered to the sheriff of Montgom¬ 
ery county. 

Since that time Lacy has been convicted in two cases for em¬ 
bezzlement and grand larceny and a sentence of ten years has 
been imposed in one case and of six in the other and both of 
which have been appealed to the Court of Appeals. Other 
cases are pending against him undetermined. 

Immediately after Lacy’s flight I ordered a thorough investi¬ 
gation of the convict department. Under the laws of Alabama, 
the chief examiner of public accounts is authorized to conduct 
any investigation of any department of the State and under 
this authority this investigation was made. The attorney gen¬ 
eral together with Hon. R. B. Evins and Messrs. Steiner, Crum 
& Weil, who were employed as special counsel, conducted this 
investigation, and made a thorough and complete examination 
of each and every branch of the department. This examina¬ 
tion was held at the Capitol and a vast number of witnesses 
were examined, every rumor was run down and every scrap 
of information obtained was investigated. Examinations were 
held openly, to which the public were invited and through the 
public press I urged every person in the State who had any 
knowledge of any mismanagement of the convict department 
or any information of any kind or character to appear and tes¬ 
tify. In order to obtain as complete information as possible, 
to probe every bit of gossip or rumor which were current, and 
in order that every possible scrap of information that could 
be obtained or that could throw any light on the subject, the 
strict rules of evidence as to the admission or exclusion of tes¬ 
timony were disregarded. On the first day of the examina¬ 
tion, upon the completion of the examination of Mr. Chas. 
Harold, the attorney general and the special counsel for the 
State came to my office and informed me that the evidence al¬ 
ready developed convinced them that the President of the 
Board of Convict Inspectors, James G. Oakley, was a party 
to the Lacy steal and recommended his removal from office and 
his immediate arrest. In accordance with this recommenda¬ 
tion, I immediately caused warrants to be issued for the ar¬ 
rest of James G. Oakley, which warrants were promptly ex- 



XXIX 


ecuted, and before night he was in custody. As Mr. Oakley’s 
term had expired, I immediately took charge of the convict de¬ 
partment and managed same until I appointed Hon. M. B. 
Wellborn as President. Mr. Wellborn served about a month 
and was succeeded by the appointment of Hon. Hartwell Doug¬ 
lass who is now discharging the duties of that office. 

I hereby transmit for your information and consideration a 
full and complete type-written copy, transcribed from the 
stenographic report of the testimony, as well as all others doc¬ 
uments offered in evidence in the investigation of the convict 
department conducted before Examiner McCall at my direc¬ 
tion. 

In the preparation of the indictments and in the trial of 
both Oakley and Lacy, the State was represented by the solic¬ 
itor, the Attorney General, and by special counsel whom I em¬ 
ployed, Hon. Frank S. White, Hon. R. B. Evins and the firm 
of Steiner, Crum and Weil. 

Mr. Oakley has been tried in Montgomery county on one in¬ 
dictment but was acquitted. He was subsequently tried in 
Shelby county and although the court charged the jury that 
under the undisputed evidence Oakley was guilty the jury nev¬ 
ertheless disregarded the positive instructions of the court and 
found the defendant not guilty. 

Having information which led me to believe that some of 
the members of the jury in that case had been tampered with 
or improperly influenced, I requested the circuit judge to call 
a special term of his court and investigate the charge. The re¬ 
sult was three persons were fined and imprisoned for contempt 
of court in improperly approaching and seeking to influence 
the jury in favor of Oakley, and one indictment was returned 
for bribery. 

There are several indictments still pending against both 
Oakley and Lacy. In view of the character of the crime with 
which they are charged, the gross betrayal of trust it involves, 
I most earnestly urge that a special appropriation be made to 
continue the prosecution and the employment of special coun¬ 
sel, and that the hand of the State be not staid until they are 
either acquitted or convicted, not only in every indictment 
which is now pending but in any other indictments which sub¬ 
sequent developments may authorize. 

The special counsel who have already appeared in the pros¬ 
ecution of this important case, have not been compensated on 
account of the decision of the Supreme Court which held the 
law in reference to special counsel fees to be unconstitutional 



XXX 


on account of a technical error in the caption of the bill. The 
special counsel employed should be properly compensated for 
the very efficient and valuable services they have rendered the 
State and should be paid sufficient fees to justify their con¬ 
tinuing in the prosecution until all these cases are finally de¬ 
termined. Not only should these prosecutions be pressed with 
vigor and brought to speedy trials, but every other person 
whom subsequent development may disclose were in any way 
guilty participants in this steal of the State’s moneys, should 
be brought to justice. Public officers who steal the State’s mon¬ 
eys should be taught that swift and certain punishment will 
follow guilt. The fair name of the State demands that neither 
popularity, hosts of friends and partisans, wealth or influence, 
shall shield the guilty from punishment. All of the facts and 
circumstances connected with this theft—a greater crime 
against the State even than the Vincent defalcation, leads me 
to believe that it was not the result of a sudden impulse, but 
had for many weeks been carefully and deliberately planned 
and that subsequent developments will disclose that Lacy was 
but the weak and pliant tool of others, who conceived and car¬ 
ried out the conspiracy. The State should not, therefore, stay 
its hand, until each and every person who aided, or abetted, or 
was in any way a party to this crime, have been indicted and 
punished. 

SUGGESTED REFORMS OF THE CONVICT DEPARTMENT. 

Until the twenty-eighth of February, 1907, the moneys due 
the convict bureau were required to be paid to the State audi¬ 
tor, who certified and paid the same into the State treasury. 
Prior to that time the convict department handled no money 
whatever arising from the hire of convicts. The only duty 
which the convict board was required to perform, in reference 
to its revenues, was to render to the contractor an account 
showing the amount of their indebtedness, and this indebted¬ 
ness the contractor was required to settle and pay to the State 
auditor, a bonded officer, within the first ten days of the month 
after the rendition of the account. On the twenty-eighth of 
February, 1907, this law was changed by requiring these ac¬ 
counts to be settled and paid to the president of the board of 
convict inspectors, who was required to make settlements with 
the auditor for the proceeds of such accounts on the first days 
of January, April, July and October of each year. This law 
affected a radical change in the handling by the convict de- 



XXXI 


partment of the fund accruing to the State as the proceeds of 
convict labor. It is familiar history that the bill accomplish¬ 
ing this change originally contained a provision requiring a 
bond to the State from the president of the board of convict in¬ 
spectors, that this provision of the bill was stricken out, a 
special bill introduced providing for a bond and this latter 
bill allowed to die on the calendar. The result of this change 
of the law is that the president of the board of convict inspec¬ 
tors is authorized without bond to retain money paid in month¬ 
ly as the proceeds of convict hire for stated periods of three 
months each and that the State was unprotected against loss. 
There is no reason why funds due the convict department 
should be retained by the president of the board of convict in¬ 
spectors one day, or one month, or three months. Being the 
property of the State of Alabama, as soon as these funds are 
received, their proper destination is the treasury of the State 
of Alabama. 

This statute was in effect when my administration com¬ 
menced and is still in effect. Commencing with my adminis¬ 
tration, I sought to avoid the evils effects of this statute by re¬ 
quiring the president of the board of convict inspectors to pay 
into the State treasury moneys which he collected, as rapidly 
as collections were made, and the records of the convict de¬ 
partment show that this order was generally complied with 
except as to the amount of money which was secretly accu¬ 
mulated in banks and subsequently stolen by Lacy. 

I would therefore recommend, that the act passed on the 
twenty-eighth of February, 1907, be repealed, and that the for¬ 
mer law be restored, requiring all indebtedness to the convict 
department to be settled and paid to the State auditor and 
thereupon immediately certified and paid into the State 
treasury. 

The statute which now permits the payment of these funds 
into the hands of the president of the convict bureau and there 
detained for three months, has no justifiable basis in business 
dealings. 

If, however, you should not repeal this law, it will be nec¬ 
essary to amend it so as to require the president of the convict 
bureau to execute a bond in a sufficient sum to guarantee the 
faithful performance of his duties, and to require immediate 
payments, into the State treasury, of all moneys coming into 
his hands. 

Under the law as it now and has formerly existed, disburse¬ 
ments by the convict bureau must be made on warrants drawn 



XXXII 


by the auditor, upon approval by the Governor, and paid 
through the state treasury. In view of the fact, however, that 
there is paid into the hands of the president of the convict de¬ 
partment annually the sum of over a million dollars, if the 
present law is allowed to remain, the State should be fully 
protected by an ample bond, not only by the president of the 
board of convict inspectors, but his chief clerk, and each of 
the inspectors. 


BONDS OF WARDENS. 

The wardens at the different camps and prisons in the State 
in the course of their official duties receive considerable prop¬ 
erty belonging to the convict department. They should each 
be required by law to make a sufficient bond. 

COUNTY CONVICTS. 

I earnestly urge that all distinctions between State and 
county convicts be abrogated. 

County convicts should be governed by the same rules that 
apply to State convicts. Their hire, supervision and control 
should be placed under the management of the State board 
of convict inspectors. The present law does provide that the 
inspectors of State convicts can rigidly scrutinize and inquire 
into the treatment of county convicts, and report to the pro¬ 
bate judges in writing the condition of such convicts. Yet 
under the law as it now exists, the State board of convict in¬ 
spectors have but little, if any authority, to see that the coun¬ 
ty convicts receive proper medical attention, proper food and 
clothing and humane treatment. My four years experience in 
office shows that the principal complaints in reference to cruel 
or inhumane treatment of convicts have been confined largely 
to county convicts. 

I have, after conference with the State board of convict in¬ 
spectors, promulgated a number of rules for the government 
of county convicts, but on account of the limitations upon the 
power of the State it has been difficult, if not impossible, to 
secure that humane treatment for county convicts, which 
should be accorded to every person convicted of crime. Under 
the laws as they now exist, there is an absolute lack of proper 
supervision of county convicts, and the cruel, inhumane and 
brutal treatment to which they are subjected is a reproach 
upon our civilization and should no longer be tolerated. 



XXXIII 


The State board of convict inspectors should be entrusted 
with their hire, with full power to see to it that they are prop¬ 
erly clothed and fed and receive necessary medical attention, 
that proper hygienic and sanitary regulations are enforced 
and the county be required to pay the expenses of their main¬ 
tenance and supervision. 

In view of the importance of the subject, I earnestly recom¬ 
mend that a special committee be appointed, with power to 
summons witnesses, take testimony, sit during recess and make 
a full report, with such legislation as may be necessary to 
correct evils which now exist. 

In my judgment the only remedy is to place every convict 
in Alabama, whether State or county, under the control of a 
£!tate board, vesting in this board the same authority as to 
county convicts as is now conferred upon them in reference to 
State convicts, with a proper division of expenses between the 
State and the counties affected. 

Under the law as it now exists, the probate judge is required 
to furnish to the State board of convict inspectors, a full and 
complete list of each convict sentenced to hard labor who is 
worked out of the county, together with his name, age, sex, 
race, date of conviction, crime, term of sentence and amount 
of cost. The only penalty provided for the failure of the pro¬ 
bate judge is impeachment. The result is that this require¬ 
ment of law is very seldom complied with, and there is no rec¬ 
ord in the convict department by which it can be determined 
whether county convicts are detained after the expiration of 
their sentence or not—information on which the governor can 
exercise his power of parole or pardon or by which the board 
of State convict inspectors can exercise the required super¬ 
vision. 

Those convicts that are worked in the counties in which they 
are convicted, are under the supervision of no other authority 
save the court of county commissioners and no records of their 
names, dates of conviction and term of sentence or crime or 
any other information is kept in the convict department or 
any other department, easily accessible to the Governor or 
State authorities. 

Under the miserable system which now exists, county con¬ 
victs are frequently worked longer than the term of their sen¬ 
tence and the sentence is frequently longer than the law war¬ 
rants. The statute provides that when a convict is sentenced 
tto hard labor for the county on two or more convictions, the 
punishment of the second or each subsequent conviction, must 


2 GA 



XXXIV 


commence on the termination of the sentence for the preceding 
conviction, but that no person shall be sentenced to hard labor 
for the county so that the aggregate of the sentence on two or 
more convictions shall exceed two years for the crime or fifteen 
months for the costs. This provision of law is constantly being 
violated. 

I therefore recommend that Section 7620 of the Code be 
amended so as to take from the trial judge any discretion to im¬ 
pose a sentence for a felony to hard labor for the county, or 
to imprisonment in the county jail, but that the sentence for 
all felonies should be to the State penitentiary. 

No felon should be sentenced to hard labor for the county or 
imprisonment in the county jail, but all should be imprisoned 
in the State penitentiary. 

I therefore recommend that all misdemeanants be sentenc¬ 
ed to hard labor for the county, but that such hard labor for 
the county shall only be pm-formed under the direction and 
control of the State board of convict inspectors, such misde¬ 
meanants being committed to their custody as felons are now 
committed, but to be worked entirely separate and apart from 
felons and to be imprisoned entirely separate and apart from 
felons; the State board of convict inspectors to feed, clothe, 
maintain and supervise such misdemeanants and after deduct¬ 
ing from the gross earnings of such convicts, the cost of main¬ 
tenance, feeding, clothing and supervision, said net proceeds 
shall be paid over to the county to the credit of the fine and 
forfeiture fund or for such other use as may be now or here¬ 
after provided by law. 

This necessary reform may make it necessary to add one or 
two more inspectors to the number of inspectors now authoriz¬ 
ed by law but its additional expense will be cared for by the 
proceeds arising from the labor of the county convicts. 

BUSINESS METHODS. 

During my four vears service I have undertaken to establish 
thorough business methods in the management of the convict 
department. 

Rules and regulations were adopted to correct the evils 
which were found to exist, continuous examinations made of 
all the camps and mines working State convicts, both by the 
State inspectors and by the State prison inspector. These new 
rules and regulations were modeled, after the most careful ex¬ 
amination, from those used in other States, and which had been 
found from long usage to be most satisfactory. Due to the 



XXXV 


mistreatment of county and municipal convicts, rules were 
prepared, printed and sent to all boards of revenue, which re¬ 
sulted in the correction of many of the evils found to exist and 
the abatement of the inhumane treatment which this class of 
prisoners had been receiving. 

It was discovered there were no rules in reference to that 
class of prisoners known as “trusties” and that power to create 
“trusties” in order to prevent abuse, required positive rules 
and regulations. Under the rules as now prepared, any con¬ 
vict becomes entitled to certain privileges only after lie has 
served a proper proportion of sentence and only as a reward 
for good conduct and good services. The wardens are requir¬ 
ed to keep a complete record showing the conduct of each con¬ 
vict, his obedience to rules and regulations, his temperament, 
tendencies, etc. Short time paroles were also authorized, to be 
granted only upon the recommendation of the entire board of 
convict inspectors, to those convicts who had earned that cle¬ 
mency by reason of the length of time they had served, the ex¬ 
cellence of their records and services. Under the system that 
had grown up since the establishment of the convict bureau, 
certain convicts were made “trusties,” as they are commonly 
termed, or allowed certain privileges at the option of the war¬ 
den. This was discovered to have lead in some instances to 
abuse and favoritism and hence the adoption of the rules men¬ 
tioned, by which all convicts were put upon equality and all are 
encouraged by their good conduct, to entitle themselves to the 
privileges which that class known as “trusties” are allowed to 
receive. 

The president of the convict board informs me that no rule 
ever adopted by the convict board has done more to promote 
discipline, efficiency and good behavior on the part of the con¬ 
victs. 


PURCHASE OF SUPPLIES. 

Under the rules that now exist, the purchase of supplies for 
the convict department is on a competitive basis, made after 
due notice to all dealers in supplies throughout the country, 
with the result that all supplies purchased for this department 
have been obtained at the lowest possible minimum price. Due 
to these business methods, the expenses of the convict depart¬ 
ment have not increased to the extent that would have been ex¬ 
pected from the very decided advance in the cost of all supplies, 
and in the general cost of living. 



XXXVI 


The purchases of the convict department amount annually 
to over half a millon dollars, and hence the importance of se¬ 
curing by competitive bids the articles needed at wholesale 
prices or at a minimum cost. 

Hereafter, if my recommendation in regard to the creation of 
a State board of control is adopted, all the supplies of this de¬ 
partment will be purchased by that board and the inspectors 
of the convict bureau given more opportunity to devote their 
time and attention to personal visitations and supervision of 
the different camps and mines with which the State has con¬ 
tractual relations. 


RECEIPTS OF THE CONVICT DEPARTMENT. 

According to the quardennial report of the board of inspec¬ 
tors of convicts, the department has made a most credible rec¬ 
ord for the past four years. The cash receipts during this 
period were |915,056.24 in excess of the four preceding years. 
Net profits for the four years ending August 31st, 1914, were 
12,188,604.68, about $481,958.81 in excess of the previous four 
years. 

This large profit has not been obtained by curtailing the 
food, or clothing of the convicts. Notwithstanding the high 
cost of living, they are now better fed, better clothed, and re¬ 
ceive more thorough supervision, medical attention and better 
hospital service than ever before in the history of the depart¬ 
ment. 

For the first time in the history of the State, a tubercular 
hospital has been established, splendidly equipped and prop¬ 
erly maintained for the care of'all convicts affected with tu¬ 
berculosis. 

A Bertillon system has been established; the bathing facil¬ 
ities improved at every camp; both water and light furnished 
at Speigner and Wetumpka and at all other prisons working 
State convicts, and the most rigid hygienic and sanitary sys¬ 
tems adopted. 

I herewith submit for your consideration the quadrennial re¬ 
port of the board of inspectors of convicts, and call your at¬ 
tention to the recommendations contained in the report of the 
president of the board, the adoption of which will not only in 
my opinion increase the efficiency of the department but will 
encourage and promote the welfare and humane treatment of 
the convicts. 



XXXVII 


With regard to placing the State convicts on the public 
roads, I call your attention to that portion of my message on 
Goon Roads on the subject. 

EDUCATION. 

The State has made commendable progress during the past 
four years in the cause of public education. For the fiscal year 
ending September 30, 1914, the State paid for the public 
schools and higher institutions of learning the total sum of 
$3,386,866.20, and as the total receipts of the State for that 
fiscal year were $6,636,319.27, it is evident that over fifty per¬ 
cent. of the entire revenue of the State was expended in the 
cause of education. 

In addition to the amount paid by the State, the counties, 
cities and patrons, including the one mill tax, paid for the 
last fiscal year, the sum of $1,561,533.00, making a total of $4,- 
948,149.20 for public education in Alabama for the last fiscal 
year. 

For the four fiscal years ending September 30, 1914, from 
October 1, 1910, to September 30, 1914, the State expended for 
the common schools and all other educational institutions, the 
sum of $11,923,368.62, which was practically half of the en¬ 
tire revenue of the State during that period. If to this is 
added the amount expended by counties, cities and patrons of 
$5,771,397.00, it would make a grand total of $17,694,765.62 
that the State has expended during the last four scolastic 
years. 

For the four years preceding the first of October, 1910, the 
State expended for the common schools and all other higher 
institutions of learning the sum of $9,023,086.70, which shows 
an increase in the expenditures by the State during the past 
four years of $2,900,281.92. These figures show that the State 
is now expending in the cause of education more money than 
in any other period in its history. 

Notwithstanding this enormous expenditure the percentage 
of illiteracy in Alabama is still alarming. What is the rem¬ 
edy? There are those who claim that the panacea for our edu¬ 
cational ills can alone be found in increased State appropria¬ 
tions. I respectfully dissent from this conclusion. Those who 
advocate increased State appropriation overlook the fact that 
the State of Alabama is today expending more from her treas¬ 
ury for common schools than any other State in the Union. 
The last report of the State superintendent of education shows 



XXXVIII 


that over seventy-two per cent, of the school revenue of the 
United States is raised by local taxation, the proportion vary¬ 
ing from ninety-seven per cent, in Massachusetts to twenty- 
four per cent, in Alabama. Seventy per cent., therefore, of the 
moneys expended for the common schools in Alabama, comes 
through State appropriations. It is idle, therefore, to expect 
the State to contribute from its general revenues any further 
appropriations to common schools. We have reached the limit 
of our resources. The remedy, therefore, is not in increased 
State appropriations, but can alone be found in a proper sys¬ 
tem of local taxation. 

While Alabama leads all of the Southern States in the 
amount of her State appropriations for the common schools, 
the percentage of revenue derived from local taxation is -less 
than that of any of the forty-seven States of the Union, except 
Louisiana and Mississippi. An examination of statictics show 
that the larger and more prosperous States of the Union rely 
almost entirely on local taxation for the support of their ele¬ 
mentary schools. It is only in those States where local taxa¬ 
tion constitutes the chief source of revenue for the elementary 
and high schools, do we find the highest educational develop¬ 
ment and progress. 

Massachusetts, which ranks highest in her elementary 
schools, contributes only one per cent, of its revenues from 
general taxation. Alabama is one of the few States of the 
Union that denies to her people the privilege of locally con¬ 
tributing to the support of their elementary schools. Such a 
policy is contrary to the teachings of experience and is with¬ 
out support from any consideration of a wise or sound educa¬ 
tional policy. It tends to prevent local effort, to lessen local 
interest and is contrary to the principles of local self govern¬ 
ment on which our institutions are based. 

A system of local taxation will stimulate local pride and 
create that local rivalry, which uninspired by any spirit of 
antagonism, seeks only to excel in the race for educational ad¬ 
vancement. It will create that spirit of self reliance, independ¬ 
ence and co-operative effort, that sustained and vigilant inter¬ 
est, without which the highest development in educational prog¬ 
ress in the State is impossible. It will secure more adequate 
equipment, better schools, longer terms and better teachers. 
Moreover, it gives to each citizen a sense of individual respon¬ 
sibility and removes the idea that in educating his child at the 
public school, he is a recipient of public charity or public 
bounty. The necessary result of the policy which we have pur- 



XXXIX 


sued, is that the appropriations now made for the maintenance 
of our elementary and high schools constitute so severe a drain 
upon the State treasury as to make it impossible to provide 
adequate appropriations and equipment for the support and 
maintenance of our normal schools, the State University, the 
Alabama Polytechnic Institute and the Alabama Girls’ Tech¬ 
nical Institute. The wisdom, justice and necessity of supple¬ 
menting State aid by a proper system of local taxation is con¬ 
clusively demonstrated by the educational history of every 
State in the Union, and is advocated by every student and 
friend of educational progress. The arguments in its favor are 
too clear and convincing to be refuted and Alabama can never 
expect to take rank among the advanced States of the Union, 
in the progress and development of our elementary schools, un¬ 
less State aid is supplemented by a wise and just system of 
local taxation, first by counties and then by districts. 

STATE LEVY. 

While I earnestly advocate both county and local district 
taxation, I do not wish to be understood as contending that a 
general State tax is not necessary. The whole theory of the 
State tax is based upon the principle that it is the duty of 
the State for the common good to secure equality of oppor¬ 
tunity for every child in every county. There are some coun¬ 
ties within the State where on account of the sparseness of 
population and lack of wealth, it is impossible to obtain an 
adequate system of public schools by county or district taxa¬ 
tion, hence a State appropriation is necessary to supplement 
the inadequate revenues of the poorer counties, by proper con¬ 
tributions from the wealthier counties and communities of the 
State. 


HIGH SCHOOLS. 

The State is undertaking to provide for secondary education 
by locating one high school in each county. The support of 
these schools comes alone from the State treasury. In almost 
every county where these schools are located, competing towns 
and villages invariably raise the stipulated amount of $5,- 
000.00 and contribute the required five acres of land. Even 
in the poorer counties, where great wealth does not exist, the 
men of moderate means have sometimes been the most munifi¬ 
cent in their contributions. This intense and earnest desire 



XL 


of most of the couties to secure the location of a high school, 
proves that there exists a wide spread and most commendable 
interest in secondary education. In my judgment, with the 
passage of a constitutional amendment securing local taxa¬ 
tion, the amount contributed by the State for the support of 
the high schools, should be conditional upon the contribution 
of a similar or greater amount by the county in which the 
school is located. 


APPORTIONMENT OP FUNDS. 

Section 256 of the Constitution provides “that the public 
school fund shall be apportioned to the several counties in 
proportion to the number of school children of school age there¬ 
in.” Experience has shown that this basis of apportionment is 
manifestly unjust and inequitable. The number of school chil¬ 
dren of school age is no indication of the number that may be 
enrolled in the public schools. The purpose of the Constitu¬ 
tion was to equalize burdens and opportunities but the num¬ 
ber of pupils on the school census and the number enrolled 
vary largely in each county. The unit of cost in the school is 
the teacher and not the child, and the apportionment should 
be made with reference to attendance and to the number of 
teachers. Our system fails to encourage or stimulate school 
attendance, leads to waste, favoritism and gross inequality and 
makes it to the financial interest of the teacher to discourage 
school attendance. It is evident that the smaller the number 
of children of school age who attend school, the smaller will be 
the number of teachers required and the larger in proportion 
in that county will be their compensation. 

In order to illustrate the inequalities resulting from this 
method of apportionment, State Examiner Gorman, under my 
instructions, compiled a table showing the salaries and the at¬ 
tendance in the schools in the ten black belt counties, to-wit: 
the counties of Barbour, Bullock, Dallas, Greene, Hale, Ma¬ 
rengo, Montgomery, Russell, Sumter and Wilcox. This table 
shows that the number of children between the ages of seven 
and twenty-one attending school in those counties was 12,868, 
and the amount paid for salaries was $11,603.00. 

In the ten white counties, composed of Baldwin, Blount, 
Cherokee, Clay, Cullman, Etowah, Fayette, Lamar, St. Clair 
and Winston, the number of children attending school was 
28,440 and the amount paid for salaries of teachers was $5,- 
055.00. As the examiner states, these figures show that while 



XLI 


the attendance in the schools in the white counties is nearly 
two hundred and fifty per cent, more than in the black belt 
counties, the average salaries are about four hundred per cent, 
greater than the salaries of teachers in the same number of 
white counties. These figures were made for the year 1913, 
but the examiner states there will be no material difference in 
the figures for 1914. The following is the table in detail on 
this subject: 


Average Salaries. 


Ilarbour _ 

Male. 

Female Attendance . 

. $1,083.00 

$ 445.00 

1848 

Bullock . 

532.00 

445.00 

827 

Balias . 

631.00 

447.00 

1368 

Greene . 

578.00 

394.00 

491 

Hale . 

501.00 

366.00 

398 

Marengo . 

477.00 

280.00 

1348 

Montgomery ... . 

1,757.00 

760.00 

3427 

Russell . 

564.00 

457.00 

816 

Sumter . 

641.00 

415.00 

776 

Wilcox . 

495.00 

335.00 

1069 

Total . 

Total Salaries. 

. $7,259.00 

$4,244.00 
.811.603.00 

12868 


Average Salaries. 


Baldwin . 

Male. 

Female Attendance. 

. $ 374.00 

$ 248.00 

1770 

Blount . 

275.00 

200.00 

3374 

Cherokee . 

283.00 

236.00 

2603 

Clav . 

334.00 

194.00 

2798 

Cullman . 

225.00 

222.00 

3938 

Etowah . 

400.00 

375.00 

4100 

Payette . 

260.00 

240.00 

2921 

Lamar . 

171.00 

163.00 

2523 

St. Clair . 

281.00 

230.00 

2423 

Winston . 

169.00 

175.00 

1990 

Total . 

Total Salaries . 

. $2,772.00 

$2,283.00 
.$5,055.00 

28440 


. Th ese figures show that the average salaries of male teachers 
in Barbour county is $1,083.00 as compared with the average 



























XLII 


salary of a male teacher in Cullman county of $225.00. The 
same" disproportion exists as to salaries paid female teachers. 

It will thus be seen that there was apportioned to these ten 
counties mentioned in the black belt for the fiscal 
from the three mill tax and the poll tax the sum of $410,7U9.5&, 
used for the education of 12,868 children attending the schools 
in those counties; whereas there was apportioned the same year 
to ten white counties the sum of $233,428.10 for the education 
of 28,440 children attending the schools in those counties. 
These figures show that the State paid for the education of each 
child that attended school in the black belt counties mentioned 
during the fiscal year 1913, and the figures will not vary for the 
year 1914, the sum of $31,917 per capita; whereas it only paid 
in the white counties mentioned the sum of $8,207 per capita. 
A table showing the number of children of school age that at¬ 
tended school in each county in Alabama during the past fiscal 
year, as well as the public school fund that was apportioned 
to each county is attached hereto and marked Exhibit A. 

A study of this table will show that startling inequalities exist, 
in each county as to the amount of money paid for the educa¬ 
tion of each child that attends school. The disproportion how¬ 
ever, between the amount paid for the education of each child 
in the white counties is not so great as the amount paid for the 
education of each child that attended school in the black belt 
counties. These figures are taken from the report of the State 
superintendent of education and clearly demonstrate the tact 
that the evident intent of the Constitution makers to equalize 
educational burdens and opportunities has wholly failed and 
that that provision of section 256 of the Constitution which 
apportions the school fund in proportion to the numbei o c i 
dren of school age therein, leads to gross inequality and favor¬ 
itism and should be repealed. All childen in Alabama of school 
age, attending the common schools, should receive as far as 
possible an equal proportion of the money appropriated by the 
State for elementary education. The present method of appor¬ 
tionment is unjust and indefensible and results in the drawing 
from the teacher of the public school any incentive to mciease 
school attendance. 

It has been stated that it required one-half a century of agi¬ 
tation to secure legislation “establishing the right of the State 
to tax the property of the State to educate the children of the 
State,” and the final establishment of this principle marked the 
commencement of our present system of public schools. To-day 
it is generally recognized that a free common school education 



XLIII 


is the birthright of every American child and that this free 
general education must be maintained by general taxation. By 
far the most important and fundamental question in our sys¬ 
tem of public schools, is whether the money now appropriated 
by the State is distributed in the best manner possible and 
whether or not by a change in the method of distribution, the 
burden of support of our public schools could not be greatly 
decreased, without impairing the efficiency of our system. 
All students on the subject agree, that an equal per capita dis¬ 
tribution of funds as now required by our State Constitution is 
not an equitable distribution, is not based on sound principle 
and cannot afford the relief which should be given and is un¬ 
satisfactory and unjust. It does not accomplish the equaliza¬ 
tion of burdens and advantages and its abandonment in the in¬ 
terest of justice is the first and most important step in educa¬ 
tional reform. Instead of stimulating communities to make 
every possible effort to increase school attendance and to im¬ 
prove school conditions and to awaken local pride, it tends to 
place all local effort at a discount and makes it to the interest 
of the schoolteacher to discourage school attendance. Under 
the Constitution and laws of Alabama, a census in July of 
every even numbered year and enumeration of all the children 
of school age residing in each school district is made. This 
method offers a constant temptation to communities to pad 
their census lists, so that the census money to be drawn may 
be larger in the total amount and in per capita value, on work 
actually done by the schools. It has been stated that this pad¬ 
ding of the census, though often resorted to, is not easy to dis¬ 
cover, for those lists are generally accepted without question. 
It is eas\, however, to see that the more children of school age 
shown upon the census lists in each county, the greater will be 
the amount of school money distributed in that county, and 
therefore, a greater temptation to the teachers of that county 
to pad their lists. It is well for us to ask ourselves a question, 
“for what purpose is this money apportioned in each county? 
Is it to educate those children who are already being educated 
in the private schools and who do not attend the public schools? 
No. Its purpose is to educate those who Avould otherwise be de¬ 
nied an elementary education. It is evident, therefore, that 
the present method of apportionment gives the monev of the 
State, to communities for the education of children, \vho do 
not attend and who do not expect to attend the public schools. 
This basis of apportionment does not take into consideration 
the number of children that, attend private schools. It neces- 



XLIV 


sarily follows that as private schools chiefly exist in the cities, 
this basis of apportionment gives the cities more money in pro¬ 
portion to the number of children who require elementary edu¬ 
cation than is given to the rural districts. The purpose of our 
law is actually defeated by this method. It has been truly said 
that where the census basis exists, communities are “stimulat¬ 
ed to get every possible name on the census list but there the 
stimulation ends.” What we should seek to encourage, is in¬ 
creased attendance and extension of the amount of instruc¬ 
tion offered, better quality of teachers and more teachers, lon¬ 
ger terms, thereby making the public schools even better than 
the private schools. Yet these important educational incen¬ 
tives are all ignored and disregarded by the census system. The 
larger the census list, the larger the amount of money appor¬ 
tioned to the county. The smaller the actual enrollment or 
attendance, the larger the salaries of the teachers and other 
school officials. No one can then deny that under the present 
system, we put an active and continual premium on non-at¬ 
tendance and encourage the school teachers of the country by 
considerations of their own personal interests to discourage 
school attendance. We must not forget as stated, that the real 
unit of cost in our public schools is not the number of chil¬ 
dren who may or may not attend but the cost of the teacher. 
It is estimated that the average number of pupils which a com¬ 
petent teacher can teach is about forty. It is evident, there¬ 
fore, that a school with a teacher that .teaches only ten pupils 
costs as much as a school where the teacher teaches forty. It 
is therefore, claimed that distribution according to the num¬ 
bers of teachers employed is manifestly better and would be 
an improvement over the school census basis. The best author¬ 
ities, therefore, on this subject, claim that the best possible 
basis for the distribution of school funds, is according to num¬ 
ber of teachers actually employed and the daily attendance 
multiplied by the length of the term. There could not be a 
worse plan than the one that now exists in Alabama, one lead¬ 
ing to more inequality, injustice or waste of our public money. 

SUPERINTENDENTS OP EDUCATION. 

Under section 1711 of the Code of 1907, county superintend¬ 
ents of education receive four per cent, commission on all State 
money disbursed, not exceeding $1,800.00 per annum. Under 
the act approved April 8, 1911, the county boards of education 
were authorized to give the superintendents salaries instead of 



XLV 


commissions, the minimum salary being fixed at $1,000.00 per 
annum but no limitation being placed upon the maximum 
salary. 

The county boards of education may also employ assistant 
superintendents and fix their salaries. While the act approved 
April 8, 1911, enlarged and most specifically defined the duties 
of the county superintendents of education and made it his 
duty when required by the county board of education to devote 
his entire time to work of visiting and supervising the schools 
of the county and other duties, the office still remains elective 
by the people. I therefore re-affirm the recommendations I had 
the honor to make to the last Legislature of Alabama on this 
important subject. The interests of our educational system de¬ 
mands a more efficient system of county supervision and ad¬ 
ministration. 

County superintendents of education should be selected by 
the county boards of education, the selection to be approved by 
the State superintendent of education, and should have a sal¬ 
ary commensurate with the character of the duties which he is 
to perform. There is no more reason why the county super¬ 
intendent of education should be elected by a popular vote than 
a teacher in the common or high schools should be elected by 
the same method. They should be selected solely on account 
of their qualifications and not by reason of partisan service or 
political considerations. The superintendent should be the lead¬ 
er of educational thought in his county; selected not on ac¬ 
count of his popularity but by reason of his qualifications, not 
on account of his ability to electioneer and win votes but solely 
because of his capacity to advance the general school interests 
of his county. He should be thoroughly equipped for the prop¬ 
er discharge of his duties through experience, training and edu¬ 
cation,^ and should be required to give his entire time to the 
supervision and management of the elementary schools of his 
county. Not only should he be selected by the county boards 
of education, but that board should be authorized, if neces¬ 
sary to go outside of the county or outside of the State till they 
find the proper man. The county superintendents should be 
required to stand a civil service examination and no one should 
be selected who can not receive a first grade certificate. 

SECTION 261 OF THE CONSTITUTION. 

Section 261 of the Constitution provides that “Not more 
than four per cent, of all moneys raised, or which may here- 



XL VI 


after be appropriated for the use of public schools, shall be 
used or expended otherwise than for the payment of teachers 
employed in such schools; provided, that the Legislature may, 
by a vote of two-thirds of each house, suspend the operation of 
this section.” 

The result of this provision of the Constitution is that from 
the munificent appropriation which the State annually makes 
for the support of the public schools, it is denied the privilege 
of constructing suitable buildings, with proper equipment. 
The result has been that our rural school buildings are poorly 
constructed, inadequate in size, and are lacking those import¬ 
ant conditions, equipments and grounds which are so essential 
to the progress of elementary education. If a just and liberal 
proportion of the vast sums of money which the State has ex¬ 
pended for the common schools could have been devoted to the 
erection of proper buildings, the purchase of suitable grounds, 
libraries and other equipment, the standard of our elementary 
education would have been advanced, better teachers would 
have been attracted, and the future of our common school sys¬ 
tem would be more encouraging and hopeful. 

I therefore recommend the repeal of section 261 of the Con¬ 
stitution. Pending its repeal, I urge that the Legislature will 
by a vote of two-thirds of eavh house, as authorized by the Con¬ 
stitution, suspend the operation of section 261 and by specific 
legislation authorize the expenditure by the State of such pro¬ 
portion of the public school funds for the construction of suit¬ 
able school houses, and purchase of grounds and equipments as 
they may deem advisable. 

When the States of the Union first undertook to provide 
elementary education for the people, it was deemed the duty 
of the localities where the schools were located to furnish the 
necessary buildings and equipments. That, however, was in 
the infancy of the public school system and since that time it 
has been generally recognized that it is the duty of the State 
not only to pay the teachers but to furnish the necessary build¬ 
ings and equipments. It is now generally considered as much 
the duty of the State to provide suitable buildings as to fur¬ 
nish an adequate teaching force. We cannot secure the best 
system of rural schools until we adopt some system of concen¬ 
tration or consolidation. There should be, wherever practica¬ 
ble, consolidation of groups of poor schools into one school, 
better equipped, organized and taught. All students of our 
elementary system of education agree that the most efficient 
work is done by schools in which not less than three teachers 



XLVII 


are employed. The single school house with one teacher has 
not proven effective and should be superseded by schools in 
which not less than three teachers are employed. We have in 
Alabama too many little red school houses. We need larger 
buildings and greater consolidation of these groups of single 
school buildings, where the pupils are badly housed and badly 
taught. 

Many of the progressive States of the country realize that 
it is the duty of the State not only to furnish the school houses, 
but suitable homes for the teachers. Where the State provides 
homes for the teachers, it has been found that a higher grade 
of teachers can be secured, that they are more contented and 
are more apt to remain for a longer time where they are com¬ 
fortably located. I therefore most earnestly endorse the rec¬ 
ommendations of the superintendent of education on the sub¬ 
ject of the importance of consolidating groups of badly scat¬ 
tered single schools and I believe the adoption of legislation 
on this subject will do much towards improving our entire 
public school system. 

STATE BOARD OP EDUCATION. 

A study of our educational needs clearly shows that the 
present Constitution has checked our educational growth by 
denying the county and school districts of the State the right 
to supplement State aid by local taxation. Every student and 
authority on elementary education admits that no permanent 
successful system of elementary education can be maintained 
which relies entirely upon State aid and not upon local taxa¬ 
tion, initiative and effort. Next to the amendment of the Con¬ 
stitution as suggested, the most important step in educational 
reform in my opinion is the establishment of a State board of 
education with full administrative powers. 

Section 262 of the Constitution provides that the supervi¬ 
sion of the public schools shall be vested in a superintendent 
of education. With the varied and numerous duties imposed 
upon him by law, it is impossible for the State superintendent 
of education to give effective and proper supervision to all the 
elementary schools in the State. 

I therefore urge the creation of a State board of education, 
vested with the very fullest administrative powers, authoriz¬ 
ed to coordinate our entire educational system, to prevent du¬ 
plication and waste, to employ suitable agents and experts, and 
to prepare and recommend suitable legislation. 



XLVIII 


The State superintendent of education should be made the 
chief executive officer of the board and ex-officio member, and 
required to act as its secretary. The experience of states where 
similar boards exist clearly shows the best results in education¬ 
al progress and advancement have been secured through the 
agency of a body of this character. A bill embodying these 
reforms will be presented for your consideration. 

The State board of education should be entrusted with the 
management and control of our normal colleges, agricultural— 
district schools and high schools and should supersede the 
boards now established for the management of these institu¬ 
tions. I believe that the management of all of our education¬ 
al institutions, including elementary schools, high schools and 
normal colleges by one board would secure more economy and 
efficiency in management. This educational board should not 
be composed entirely of educators. It should be composed of 
seven members, at least, two of whom should be experienced 
business men, the Governor and State superintendent of edu¬ 
cation to be ex-officio members, the State superintendent of 
education also to be its secretary. 

TEACHERS. 

In his admirable report, the superintendent of education 
says: “There is apparently a scarcity of teachers holding first 
and second grade certificates and a surplus of those holding 
third grade certificates.” In reference to their training and 
experience the superintendent says, there is a considerable 
number who have not so much as completed the elementary 
course of study covering certain grades and that only seventy- 
five per cent, of the teachers claim to have had any training 
whatsoever above the seven elementary grades. The report 
further shows that during the last scholastic year 7,522 white 
teachers taught in our public schools. From this report there¬ 
fore the following surprising facts are deducted: 

1. That one-fourth of the teachers in Alabama have not 
completed the elementary seven grade course of study. 

2. That out of the large number of teachers employed in 
the white schools, only five hundred out of over seven thousand, 
have had any training above the high schools. 

3. That seventy-five per cent, of the teachers now employ¬ 
ed in the white schools admit they have had no training what¬ 
ever above the seven elementary grades. 



XLIX 


It is therefore rather discouraging to learn that one-fourth 
of the enormous revenues annually expended for the payment 
of teachers is paid to those who have not even completed the 
seven grade elementary course of study. One-fourth of the 
teachers in Alabama, according to this report, are not prepared 
even to enter a high school. 

The question therefore necessarily arises, whether from the 
millions of dollars annually expended by the State in the pay¬ 
ment of teachers, we are receiving proper returns; whether the 
money is being wasted or judiciously and wisely expended. It 
is rather difficult to understand how teachers who have not 
themselves been taught, are competent to teach others. 

This report also shows that the average term of service of 
teachers who attended our institutes last summer was only 
4 3/10 years of seven month each, and that only one-fifth of 
that time was spent as teachers in the school in which they 
were last employed. 

The most crying need therefore in our system of public 
schools is better teachers and better school buildings and equip¬ 
ments. I believe our laAvs should be so amended as to author¬ 
ize the employment of teachers from any other State, who are 
graduates of reputable normal schools or who bear with them 
certificates of superintendents of education of their states, 
showing their proficiency. 

I also believe that our school laws should be so amended as 
to prohibit the granting of anything except first and second 
grade certificates. Those who have only received third grade 
certificates are necessarily unable to render efficient service 
and we cannot expect much progress or development in our 
elementary schools as long as we rely upon their being taught 
by so large a number of teachers holding third grade certifi¬ 
cates. 

This report also shows that 1,790 negro teachers were en¬ 
rolled in our institutes during last summer and only one per 
cent, of whom held first grade certificates, thirty per cent, hold¬ 
ing second grade, sixty-five per cent, third grade and four per 
cent, life certificates. The same reforms therefore are neces¬ 
sary in reference to the teachers in our negro schools. 

The character of teachers now provided for our elementary 
schools, their want of training, experience and efficiency, em¬ 
phasizes the importance of requiring our normal colleges to 
devote all of their efforts to training teachers for work in our 
elementary schools. The normal colleges have been too much 
inclined to do the work of local high schols and have to some 



L 


extent neglected their initial duty of preparing teachers. The 
rules which the normal school board adopted last year has 
largely overcome this tendency, has provided uniform courses 
of study and has sought to make them what they were intend¬ 
ed to be; schools organized solely for the preparation of teach¬ 
ers for the elementary and high schools in Alabama. 

It is our duty by wise and just laws as far as possible to 
eliminate waste of the public moneys, to secure better build¬ 
ings and more efficient teachers. 

NORMAL SCHOOLS AND NOR*MAL SCHOOL BOARDS. 

Before the State can make the greatest possible progress, 
her entire educational system should be revised, harmonized 
and co-ordinated so as to prevent unnecessary duplication and 
waste, and secure the greatest possible efficiency and economy. 
The State now maintains six white normal schools and makes 
appropriations for three normal schools for negroes. 

When I entered upon the discharge of my duties, each nor¬ 
mal school was under the management of a separate board of 
trustees. Upon my recommendation the last Legislature plac¬ 
ed all of the white normal schools under the control of one 
board of trustees, thereby removing from the administration 
of these institutions the evil effects of local influences and jeal¬ 
ousies, and creating that unity of harmony and action, of in¬ 
terest and effort so necessary to their best development. 

This board has been efficient and active in the discharge of 
its duties. It has unselfishly given to the study of the various 
problems and perplexing questions which have arisen in the 
management and control of these schools painstaking consid¬ 
eration and study. The members of the board have personally 
visited each of these schools and have thus been enabled to 
make comparison of the management, administration and work 
of each, to study their needs and have thereby been enabled to 
make many important reforms. 

Under the wise management of the present board, many 
new buildings have been constructed, new equipment purchas¬ 
ed and uniform courses of study established, and a high stand¬ 
ard of admission and scholarship exacted. This board has es¬ 
pecially emphasized the importance of confining these insti¬ 
tutions to the work for which they were primarily established 
—the training of teachers—and have rigidly enforced a course 
of study which will prepare their graduates for the work of 
teachers. 



LI 


When the board first entered upon the discharge of its duties 
they discovered that there was a tendency on the part of some 
of these schools to undertake to do the work of county high 
schools and even of the elementary schools. The courses of 
study at each school was different, there being a total lack of 
uniformity. Many of these evil tendencies the board has cor¬ 
rected, courses of study and text books have been made uni¬ 
form, the standard has been raised and the curriculum so fram¬ 
ed as to accomplish the chief purposes for which these schools 
were established. 

I herewith submit for your consideration the report of this 
board and the recommendations which they make. The State 
no more needs six normal schools than it does six universities. 
If we were now for the first time establishing a- system of nor¬ 
mal schools, I believe that two would be sufficient. Yet as we 
now have six in operation I endorse the recommendations of 
the board that the four normal colleges now classed as “A” be 
retained and that the normal schools at Moundville and 
Daphne be converted into high schools. With the present ap¬ 
propriations and equipment, the schools at Daphne and Mound¬ 
ville cannot be expected to train teachers or perform the func¬ 
tions of normal schools. Their buildings, equipment and teach¬ 
ing force is utterly inadequate for such a purpose. To under¬ 
take therefore under these circumstances to maintain these six 
schools as normal schools, would only result in a waste of the 
public money. I am convinced that you will ignore local con¬ 
siderations and consider only the interests of the public school 
system, now so solely in need of well and properly trained 
teachers. If heedless of our own and the experience of other 
states, we should continue the policy of duplication and waste 
which has marked the course of our educational development 
by the retention of these two schools as normal colleges, we 
would discourage the earnest efforts now being made to re¬ 
form our educational system and only injure the cause which 
we all desire to promote. 

The four normal colleges to be retained require additional 
appropriations and equipment. They need additional dor¬ 
mitories and an increased teaching force, all of which will be 
fully outlined in the reports submitted by the presidents of 
these institutions and the State normal school board. 

It is a waste of the public moneys to expend millions of dol¬ 
lars for incompetent teachers as the State is now doing. Both 
from the stand point of efficiency and economy we 
should at once proceed to elevate the standard of our nor- 



LII 


mal colleges and largely increase their fields of usefulness and 
enable them to furnish a sufficient corps of trained, efficient 
and educated teachers to supply the pressing needs of our ele¬ 
mentary and high schools. 

We must remember that the elementary, the high schools, the 
technical institute at Auburn and the Girls’ Technical Insti¬ 
tute at Montevallo and the State University are all parts of 
one harmonious educational system. We cannot expect im¬ 
provement in our elementary schools without a better teaching 
force, and we cannot get a better teaching force until we equip 
the normal schools to furnish them. 

SCHOOLS. 

We must elevate the business of teaching to the dignity of 
a profession. 

As shown by the reports of the State superintendent, our 
teachers seldom remain in one school much over a year. They 
come and go. 

The boys and girls who constitute the bulk of our teaching 
force seldom expect to make teaching their life work. They 
engage in it either to carry out obligations they made when 
they entered the normal schools, or as the only available meth¬ 
od of earning a living, expecting, as soon as opportunity of¬ 
fers, to enter some other business or profession. They too often 
lack any love for their work and that enthusiasm or that spirit 
of service which should animate those who have in their keeping 
our most valuable possession—the power to mould the future 
destiny of those who will constitute the citizenship of the State. 

When we consider that one-fourth of our teaching force has 
not even completed the elementary course of study, covering 
the seven grades and the remainder have had little training 
above these elementary grades, that a large proportion fail to 
supplement their lack of training and preparation through 
study in other institutions, we need not be surprised that the 
results which are accomplished in our elementary schools are 
disappointing. With the bulk of our teaching force composed 
of immature boys and girls, lacking experience, training and 
preparation, engaged in teaching merely as a temporary voca¬ 
tion, with so many ill constructed school buildings, poorly 
lighted, ventilated and little suited to the life and work of our 
children, it is not surprising that the results which our ele¬ 
mentary schools achieve have been disappointing and discour¬ 
aging. 



LIII 


I fully endorse the recommendations made by the United 
States Commissioner of Education in his last annual report, 
that, “Teachers and pupils should remain together longer, es¬ 
pecially in the first years of school life.” As he states, “Teach¬ 
ers of rural schools remain at one place little more than one 
school year, not remaining long enough to learn the ‘ideals, 
conditions and needs of the community, or to acquire that in¬ 
timate knowledge of the children which every teacher should 
have.’ Therefore, the superintenent recommends that in all 
city schools, teachers of the first four or five grades should be 
promoted from year to year with their classes, as the superin¬ 
tendent well observes, “The objection to this plan that the 
teacher might be inefficient and the children should not be 
condemned to the care and instruction of an inefficient teacher 
through a series of years is without force.” As he declares, 
“The inefficient teacher should be eliminated. A man or woman 
who is unable to teach a group of children through more than 
one year should not be permitted to waste their money, time 
and labor through a single year.” What *the children between 
six and twelve years of age need is not an everchanging per¬ 
sonality but a guide along the pathway of knowledge to the 
highroad of life.” 

A study of legislation in different states clearly shows that 
if we are to accomplish any improvement of our elementary 
schools there must be consolidation of rural schools as far as 
possible. Our school districts are unequal and arranged with¬ 
out method or harmony. It would therefore be necessary to 
rearrange most of the school districts in the State. Consoli¬ 
dation would give to each school a larger number of teachers 
and make it possible to organize a school with a principal and 
special teachers for different grades, with fewer daily lessons, 
with a better school spirit, with more variety in studies and 
many more other advantages. 

I fully inforse the recommendations of the United States Su¬ 
perintendent of Education on this subject which are as follows: 

“When such a consolidation is made a good schoolhouse 
should be built, attractive, comfortable, and sanitary, with 
classrooms, laboratories and library, and an assembly, hall 
large enough, not only to seat comfortable all the pupils of 
the school, but also to serve as a meeting place for the people 
of the district. For the principal’s home a house should be 
built on the school grounds. This house should not be expen¬ 
sive, but neat and attractive, a model for the community, such 
a house as any thrifty farmer with good taste might hope to 



LIV 


build or have built for himself. And as a part of the equip¬ 
ment of the school, there should be a small farm, of from four 
to five acres in a village or densely populated community, and 
from twenty-five to fifty acres if in the open country. The prin¬ 
cipal of the school should be required to live in the principal’s 
home, keep it as a model home for the community and culti¬ 
vate the farm as a model farm, Avitli garden, orchard, poultry 
yard, dairy, and whatever else should be found on a well-con¬ 
ducted, well-tilled farm in that community. He should put 
himself into close contact with the agricultural college and 
agricultural experiment station of his State, the departments 
of agriculture of State and Nation, farm demonstration agents, 
and other similar agencies, and it should be made their duty 
to help him in every way possible. The use of the house and 
the products of the farm should be given the principal as a 
part of his salary in addition to the salary now paid in money. 
After a satisfactory trial of a year or two a contract should be 
made with the principal for life or good behavier, or at least 
for a long term of years.” 

As the superintendent says, “In this Avay it would be possi¬ 
ble to get and keep in the school men of first-class ability, com¬ 
petent to teach children and to become leaders in their commu¬ 
nity.” 

I further indorse the recommendation of the superintend¬ 
ent that the principals of the consolidated country schools 
should be men. In every school attended by large boys there 
should be at least one man, other teachers may Avell be women. 

REMEDIES. 

A study, therefore, of the Iuavs of the different states, the 
trend of modern thought, the recommendations of educational 
boards and conventions -shoAV that the following may be sum¬ 
med up as necessary to promote the interest of our public 
schools: 

1st. A more thorough supervision. 

2nd. Consolidation of rural schools. 

3rd. Health supervision, consisting of medical inspection, 
open air schools, free dental treatment. 

4th. Elevation of the teaching standard; allowing no 
teacher to employ who has not received a high school educa¬ 
tion. 

5th. Making of the schools social centers for the use of all 
the people in any direction that makes for social and civic bet¬ 
terment. 



LV 


6th. Construction of better school buildings and adequate 
appropriations for that purpose. 

7th. A construction of the course of study in country 
schools. 

8th. The vocationalizing of education; that is, “An educa¬ 
tion whose controlling purpose is to fit for a recognized occu¬ 
pation.” 

9th. A proper survey made by intelligent educators which 
would necessarily lead to wise and helpful legislation. 

Practically one-half of the State’s revenue is used for the 
maintenance of our elementary schools and the people of Ala¬ 
bama are entitled to know what they are getting for these vast 
expenditures; whether the time of their children is used to the 
greatest advantage; what changes are necessary to secure the 
best results and what methods are required to elevate the stand¬ 
ards of the teaching profession. We know that in spite of all 
the reforms we have inaugurated, notwithstanding the earnest, 
diligent and intelligent efforts of the State superintendent of 
education, that there is a lack of harmony and co-ordination in 
our entire school system; that there is unnecessary waste and 
duplication of efforts and that we do not get the best results 
for our lavish expenditures. 

While I recognize that conditions are now better than they 
have been, vet we should seriously face the situation without 
undertaking to conceal the admitted defects in our system. 

It is unpleasant to criticise, yet it is only through just and 
intelligent criticism that the road to reform can be pointed out. 

LAW REFORM. 

The growth of a sentiment in favor of reform of our judic¬ 
iary systems and methods of procedure has made marked prog¬ 
ress in all the States of the Union. In inventive skill, in scien¬ 
tific discovery and in all the arts of peace, the American people 
have occupied a preeminent position, yet in the administration 
of our civil and criminal laws we have failed to keep pace with 
the advanced nations of the world. The delay as well as the 
expense incident to the trial of civil and criminal causes has 
become a growing evil and has challenged the consideration of 
legislatures, of bar associations and of all who are interested in 
seeing a more economic and speedy administration of our civil 
and criminal laws. 

In many states we are confronted with a condition which 
has induced many throughful men to declare that there has 



LVI 


been a break down in the administration of our criminal laws. 
Whatever may be our individual views on this important sub¬ 
ject, those who have given it consideration cannot escape the 
conclusion, that there is imperative need of judicial reform. 

In Alabama our whole judicial system has grown up with¬ 
out harmony, unity or scientific arrangement, each Legislature 
creating different courts, until the whole system has become 
a patchwork which now demands revision and reform. As the 
State has grown in wealth and population, litigation has cor¬ 
respondingly increased and many new courts have been estab¬ 
lished. The necessity for these additional courts could, in my 
judgment, have been largely obviated if we had reformed our 
ancient and antiquated methods of judicial procedure. It is 
important that justice be administered speedily and economi¬ 
cally in our courts and that punishment should swiftly and 
certainly follow crime, but neither of these results can be ob¬ 
tained except through thorough and complete reform of our 
entire judicial system. 

The capacity of a state to deal with crime and to adminis¬ 
ter justice economically and without delay is the peramount 
test of its efficiency. It cannot be claimed that our failure to 
check crime and to administer justice speedily and economi¬ 
cally is due to a lack of judges or courts. There are more 
judges in the United States in proportion to population than 
any other civilized country. England, with a population of 
about thirty million has only about 135 judges, less than can 
be found in some of the States of the Union. We have more 
judges in Alabama than thirty-two other States and Territories 
of the Union. The proportion of judges in Alabama is about 
one to every forty-two thousand of population as compared with 
one to every one hundred and fifty-nine thousand in North Car¬ 
olina. We have in Alabama to-day forty-nine judges, exclud¬ 
ing the Court of Appeals, the Supreme Court and probate 
judges. At the commencement of this decade, we had in Ala¬ 
bama only twenty-eight judges and yet the increase in our pop¬ 
ulation has only been about sixteen per cent., while the num¬ 
ber of judges has about doubled. We should have a sufficient 
number of judges to dispatch the public business, but we should 
prevent the creation of useless judicial offices. Under the pres¬ 
ent system in Alabama, the work of the judges is unequally di¬ 
vided, and while some are doing too much, some are doing 
scarcely anything at all. We can safely dispense with a large 
number of judges and by increasing the salaries of those re- 



LVII 


maining and restoring their common law powers, can enable 
them to dispatch with more rapidity the public business. 

Webster declared that as a general rule those judges who 
decided the most cases, decided them best; “exercise,” he said, 
“strengthens and sharpens the faculties in this more than in 
any other employment,” We should not forget his wise admo¬ 
nition : “I would have a judicial office filled by him who is 
wholly a judge, always a judge and nothing but a judge.” 

Under the present systems in. Alabama our law and equity 
courts and city courts are to some extent duplicating the work 
of the circuit courts. There can therefore be no greater mis¬ 
take than creating too many judges and assigning them duties 
which occupy a small portion of their time, as a pretext for al¬ 
lowing them only a meagre compensation. It has been truly 
declared that a judicial office is incompatible with other pur¬ 
suits of life, and the faculties of every man who undertakes it 
should be constantly exercised, and exercised only to one end 
—the just and impartial administration of the law. 

The delays which clog the administration of justice in this 
State are not due to judges so much as to our methods of proc¬ 
edure and to our illogical and antiquated system. The judge 
can only declare the law as it is written, and has no power to 
legislate or to give a construction to the Constitution or to 
the statutes which is not based upon sound, judicial reasoning 
or precedent or well settled rules of construction. 

The folloAving statement, compiled in 1912 from the records 
of the different courts of Alabama, shows the number of days 
occupied by the judges of the different circuits in the trial of 
causes and discloses some interesting and instructive facts. A 
study of this table will establish the truth of the assertion that 
the work of the judiciary in Alabama is unequally divided and 
that we could with safety reduce the number of judges. 



LVIII 


Circuit. 

No. Days in 1910. 

No. Days in 1911. 

No. Days in 1912. 

With 

Jury. 

Without 

Jury. 

Total. 

With 

Jury. 

Without 

Jury. 

Total. 

With 

Jury. 

Without 

Jury. 

Total. 


79 

4 

83 

77 

1 

78 

32 


32 

Second 

71 

3 

74 

76 

3 

79 

22 


22 

Third . 

98 

16 

114 

110 

15 

125 

62 

7 

69 

Fourth . 

95 

15 

110 

89 

8 

97 

45 

8 

53 

Fifth 

99 

21 

120 

109 

21 

130 

25 


25 

Sixth . 

100 

5 

105 

112 

3 

115 

42 

6 

48 

Seventh . 

79 

19 

98 

90 

16 

106 

83 

8 

91 

Eighth . 

147 

21 

168 

125 

26 

151 

67 

25 

92 

Ninth . 

144 

10 

154 

144 

6 

150 

74 

3 

77 

Tenth 









. 

Eleventh . 

125 

60 

185 

123 

64 

187 

42 

23 

65 

Twplfth 

99 

21 

101 

89 


89 

271 


27 

JL W vli HI ..— | 

Thirteenth . 

112 

17 

129 

146 

18 

164 

CO 

t- 

[ 27 

j 100 

Fourteenth . 

110 


110 

157 

57 

214 

56 

34] 90 

Fifteenth .. 

' 89 

69 

158 

10-1 

69 

170 

43 

36 

79 

Sixteenth . 

j 72 

24 

96 

86 

28 

j 114 

1 

40 

15 

55 


So impressed was I with the importance of the reform and 
revision of the entire judicial system of the State that in 1912 
I appointed a committee, composed of about thirty distinguish¬ 
ed lawyers of Alabama, who met in the Supreme Court room 
at the Capitol on May 10, 1912, and who organized by creating 
a committee on the whole with Judge John Pelham as perma¬ 
nent chairman. This committee on the whole was divided into 
sub-committees, embracing the whole subject of judicial re¬ 
form. The reports of that meeting, with the reports prepared 
by the sub committees will be submitted for your considera¬ 
tion. The report of the sub-committee on the distribution of 
the work of nisi prius courts was made to the State Bar Asso¬ 
ciation of this year by its chairman, Hon. Virgil Bouldin. That 
committee recommended “that all the jurisdiction now vested 
in the chancery courts, the circuit courts and the inferior 
courts known as city courts or law and equity courts, and some 
of the jurisdiction now vested by statute in the probate court 
or the judge of probate, should be consolidated in one system 
of circuit courts; that the necessary number of judges to trans- 


























LIX 


act the business in each county or group of counties should be 
carefully ascertained, and that such number—no more and no 
less—should be provided for; that in counties having more 
than one judge, one of them should be chosen as the presiding 
judge, with full power to apportion the labor among the sev¬ 
eral judges of the county; and that these several judges should 
be required by law to preside over any court in the State when¬ 
ever the business of that court demands additional labor, and 
in this way equalize the labor of the respective judges as the 
conditions of business in the several courts shall vary from 
time to time.” I fully endorse these suggestions as well as the 
further suggestion that “The Governor of the State, who is 
charged with the duty to see that the laws are faithfully exe¬ 
cuted, should have power to require reports from time to time 
as to conditions of business, civil or criminal, in the various 
counties, and be empowered to send any judge in the State into 
any county in need of his services.” 

It is therefore evident, that the number of our judges should 
be reduced but before any action is taken, full information 
must be obtained. I therefore recommend that you appoint 
a special committee or commission, consisting of two members 
of the house and one of the senate, and two members of the bar 
of the State, charging them with the duty of procuring the nec¬ 
essary information upon which to frame and recommend the 
needed laws to the Legislature. This committee should be em¬ 
powered to sit continuously, to examine witnesses, to procure 
sworn reports, to punish for contempt; should be paid an ade¬ 
quate per diem and mileage for the time actually employed, 
should be furnished with a clerk and stenographer and given 
such other powers as may be necessary to carry into effect the 
work committed to it. It should report to the second half of 
the session, or to a special session, and the measures proposed 
should be finally adopted to become effective at the next gener¬ 
al election in November, 1916. This committee should not only 
report the bills proposed but should report all facts upon which 
their conclusions are based in order that the Legislature may 
have reliable information before taking action. 

By a careful study of the statistics for the past few years, 
this committee could readily determine the extent of the cir¬ 
cuits, as well as the number of judges to be accorded the lar¬ 
ger counties. Law and equity jurisdiction should be combin¬ 
ed in one court and the judges who presided over but one court 
should be required to keep the same open at all times, except 
during a reasonable summer vacation. Where the circuit is 



LX 


composed of several counties, the court should remain open at 
all times for the disposition of uncontested matters and at 
least four terms per year should be required. The judges 
should also be granted power to convene the court as often 
as may be necessary, after reasonable notice, with power to 
summon juries and to dispense with them when not needed. 
These reforms have been suggested by the practice which pre¬ 
vails in the federal courts, which, when not engaged in the 
trial of cases, is in recess, thereby enabling the judge at cham¬ 
bers to dispose of a vast mass of business. 

The adoption of the plan suggested would affect the terms 
of but few of the judges now in office. The large majority of 
the terms of the judges now in office will expire at the end of 
the present terms of the circuit judges and the plan proposed 
could be made effective at the next general election. 

TECHNICAL REVERSALS. 

In Great Britain it has been estimated that only about three 
per cent, of appeals are reversed and yet in the United States 
practically fifty per cent, of all cases that are tried are revers¬ 
ed and remanded for new trials and principally on account of 
errors in practice and procedure. 

The American Bar Association has earnestly recommended 
a reform which has long since been adopted by Great Britain 
and by several States of the Union and which in my judgment 
will go far to remove the chief evil which exists. This, in sub¬ 
stance, is a recommendation that the Legislature enact a law 
that no judgment shall be reversed or new trial granted on the 
ground of misdirection of the jury or for the improper admis¬ 
sion of evidence, or for error in any matter of appeal, prac¬ 
tice or procedure, unless in the opinion of the appellate court, 
after an examination of the entire case, it shall affirmatively 
appear that the error complained of has resulted in a miscar¬ 
riage of justice. 

While the Supreme Court of Alabama has adopted a rule 
to prevent reversals for technical errors, it is believed that a 
statute on this subject is necessary. 

SIMPLIFICATION OF PROCEDURE. 

The ability of our courts to dispense justice speedily and 
economically has been largely lessened by legislative action. 
While under section 3227 and sub-division 4 of section 5955 of 



LXI 


the Code, the Supreme Court has the limited right to establish 
rules of practice, it has been truly said: “That right is sub¬ 
ordinate to the Legislature and nothing can be done which con¬ 
travenes any statutory provision.” 

Questions of procedure and practice, involving no substan¬ 
tive rights, are peculiarly within the expert knowledge of the 
judges and belong to the judicial rather than the legislative 
branch of the government. 

Buies of procedure exist only to save time, to advance the 
business of the court, to secure to each party a fair opportu¬ 
nity to meet the case against him and to present his own case 
and should not be allowed to be used as a method of obstruct¬ 
ing business, wasting time or defeating the ends of justice. In 
matters of practice and procedure, therefore, it is evident that 
rules of practice and procedure in each case should not be 
fettered or hampered by legislative restrictions or inhibitions, 
but should be settled by rules of court which may be changed 
as actual experience of their operation and application may 
dictate. 

The statute conferring upon the Supreme Court power to 
prepare and promulgate rules of practice and procedure, would 
not violate the constitutional prohibition against the delega¬ 
tion of legislative functions. Questions of practice and proce¬ 
dure consume a large amount of the time of our nisi prius 
courts, delay the administration of the law and the decision of 
the many perplexing questions they create entails unneces¬ 
sary labor upon our courts of last resort. 

The initial, and therefore most important step in the reform 
of the administration of the law is to simplify our methods of 
practice and procedure. The delay and expense which now 
attends the trial of important cases, will continue as long as the 
present clumsy, inefficient and antiquated methods of proce¬ 
dure and practice remain. I therefore urge the adoption of a 
practice act, similar to the one indorsed by the American Bar 
Association and now pending in Congress, or the type of prac¬ 
tice act adopted by the State of New Jersey. By the practice 
act of that State, the Supreme Court is given the power to adopt 
rules superseding any statutory or common law regulations 
therefore existing. 

A bill on this subject will be submitted for your considera¬ 
tion. 



COMMON LAW POWER OP JUDGES. 


The common law power of our judges should be restored. 
The real reason why trials consume so much more time in this 
country than in England is largely due not only to our anti¬ 
quated and illogical methods of civil and criminal procedure, 
hut to the want of power on the part of the- court to exercise 
prompt control over the trial of the cause. Clothed with the 
power vested in judges by the common law, a judge upon our 
bench could restrict counsel to the argument of relevant and 
material questions, could promptly overrule and discourage 
technical objections, could prevent useless and unnecessary 
consumption of time by the introduction of immaterial and 
irrelevant evidence or by the argument of questions as to 
which the court has a clear and decided opinion, and could, 
without the fear of a reversal, exercise the necessary authority 
so essential to the prompt and proper administration of justice. 
With the present legislative restriction our judges are denied 
their common law power of summing up the evidence and 
thereby presenting the issues clearly and intelligently to the 
jury, and are converted into mere presiding officers, whose prin¬ 
cipal duty is to confuse the jury by submitting exhaustive pres¬ 
entations of legal principles. 

It has been claimed that the restoration to our State judges 
of their common law powers might result in oppression or abuse. 
The prompt and impartial administration of the law which has 
characterized our Federal courts, as well as the courts in Eng¬ 
land, conclusively shows that these fears are unfounded. In¬ 
creasing the power of our judges by restoring to them rights 
which have been exercised for centuries by the nisi prius courts 
in England, would tend to elevate the standard of our judges 
and largely increase their efficiency. It would necessarily result 
in securing a more speedy and impartial administration of the 
law. 


MISDEMEANORS. 

The report of the attorney general shows that for the bien¬ 
nial period beginning October 1st, 1910, and ending September 
30th, 1912, that of twenty-five thousand four hundred and forty- 
nine cases disposed of in the courts, fourteen thousand five hun¬ 
dred and seventy-nine escaped conviction, being either ac¬ 
quitted or nol prossed. The report of the attorney general 
for the biennial period commencing October 1st, 1912, and end- 



LXIII 


ing September 30th, 1914, shows the number of cases disposed, 
of in all of our courts was 28,228, of which there were 13,096 
convictions and 15,132 escaped conviction. Of the total number 
of cases mentioned in these reports during the past four years 
about 85% were for misdemeanors. These figures clearly illus¬ 
trate the large number of misdemeanor cases that clog the 
dockets of our courts, furnishing fees for sheriffs, forcing an 
enormous expense upon the State for feeding prisoners and 
summoning witnesses as well as trials. These figures clearly 
show that there must be some radical defect in the system by 
which prosecution for misdemeanors are instituted in Alabama. 
The vast number of these prosecutions were frivolous and yet 
they clogged our dockets, consuming the time of courts and 
juries and entailing enormous expense upon the State and 
counties. What is the cause of this enormous increase in prose¬ 
cution for misdemeanors? Is it due to the desire upon the part 
of the courts to enforce the criminal laws, or is its origin in a 
system which permits prosecutions to be commenced by fee¬ 
grabbing officials, by private individuals seeking to gratify pri¬ 
vate vengeance, or in the greed of justices of the peace, munici¬ 
pal officers, constables and sheriffs? 

Prior to the Civil War, no person could be proceeded against 
criminally by information for any indictable offense except in' 
cases arising in the militia and volunteer forces when in active 
service. 

Prior to the constitution of 1875 prosecutions for misde¬ 
meanors could only be initiated by presentment from grand 
juries. By the constitution of 1875 the Legislature was author¬ 
ized to dispense with grand juries in certain misdemeanors and 
by the constitution of 1901 the Legislature was authorized to 
dispense with grand juries in all misdemeanors. The remedy 
then for the evil that now exists is either by constitutional 
amendments to prevent prosecutions for misdemeanors, except 
on the indictment of a grand jury or by proper statute to require 
that no prosecution for misdemeanor by information shall be 
commenced unless authorized and approved by the circuit or 
county solicitor, the attorney general, or his assistants. A study 
of the statistics furnished by the reports of the attorney gen¬ 
eral shows the necessity of checking the system by which 
sheriffs, constables and other officials interested in the collec¬ 
tion of fees, or private individuals influenced by personal malice 
or private grudges are allowed to so flagrantly abuse the pro¬ 
cesses of law. If prosecutions for crimes which are made mis¬ 
demeanors by law were only instituted to subserve the public 



LXIV 


. good or from a proper desire to enforce the law, the number of 
cases would be enormously lessened and the cost of enforcing 
our criminal laws most materially reduced. In the Federal 
courts no prosecution can be commenced for a misdemeanor on 
information except upon the approval of the United States 
attorney and a similar system should prevail in our State courts. 

The attorney general’s report further shows that the total 
number of cases disposed of for the biennial period from October 
1, 1912, to September 30th, 1914, was 28,228—making a total 
number of cases disposed of for the four years—56,677, of which 
the total number of convictions was 23,996. Out of this number 
of convictions there was sentenced to the penitentiary 3,322. 
It is therefore fairly accurate to assume that only 3,322, were 
convicted for felonies. It would therefore follow, that of this 
large number of convictions, -20,644 were convicted for misde¬ 
meanors. These statistics also show that of the large number 
of cases disposed of during the four years mentioned to-wit, 
53,677—that 29,511 were discharged either through acquittals 
by nol prosses or abatements, showing that over one-half of the 
cases prosecuted in our courts were frivolous or unfounded and 
nearly 85 or 90 per cent, of this vast number were for misde¬ 
meanors. As shown by the reports of the attorney general, the 
■predominant misdemeanor was violation of the prohibition law. 
The number of cases disposed of for this offense during the 
four years being 10,619, which shows that violation of the pro¬ 
hibition law constitute one-fifth of all the prosecutions in the 
courts of Alabama. One-fifth of all the expense of enforcing our 
criminal law seems to be confined to this one offense. If you 
add to this list cases of public drunkenness 3,247, the total 
number of offenses of violations of our liquor laws would reach 
the startling figure of 13,866, which would be about one-third 
of the whole number of cases disposed of. It cannot, therefore, 
be claimed, that during this administration, the liquor laws 
have not been vigorously enforced, for cases involving this 
offense constitute practically one-third of our criminal docket 
and consume one-third of the time of our courts. Yet no one 
familiar with conditions in Alabama can believe that one-third 
or one-fifth of the crime committed in Alabama consists of vio¬ 
lations of the liquor law. All know that the liquor question 
has been a political issue in Alabama for a number of years, 
and it may be that the large number of liquor cases that now 
crowd the dockets of our courts is due more to political con¬ 
siderations than to an earnest desire to enforce the criminal 
laws of the State. There are many who honestly believe that 



LXV 


the violation of the liquor lavs is the gravest crime which a 
citizen can commit ; there are many others who honestly believe 
that the illicit sale of liquor does not constitute an offense 
w hich should be punished. Our liquor lav r s should be enforced 
but it is regretable that political or religious considerations 
should enter into their enforcement. In one court in this 
State recently about one hundred and forty indictments v^ere 
found for violations of the prohibition laws/and yet only about 
seven were convicted. This is but an illustration of conditions 
that exist in many other counties and w r ould tend to show that 
many prosecutions for this offense are frivolous and unfounded. 

It is v T ell know-n that on account of the congested condition 
of our dockets in many counties, many prisoners are kept con¬ 
fined in jail for more than a year awaiting trial. would sug¬ 
gest the enactment of a statute providing that where a partv 
charged with a misdemeanor has remained in jail six months 
without trial he should be entitled to be released upon his 
own recognizance. 


JURIES. 

No sound reason can be shown why the State should not be 
allowed in all criminal cases the same number of challenges as 
the defendant. In fact it is extremely doubtful whether any 
sound public policy justifies any challenge except for cause. 
The purposes of the lav T are fully accomplished vdien an impar¬ 
tial jury, free from statutory objections, is impaneled. The 
rights of the accused are amply protected both by statutory and 
constitutional law. He is presumed to be innocent until his 
guilt is established beyond all reasonable doubt and this pre¬ 
sumption attends him during all stages of the trial until guilt 
is declared by the verdict of the jury. By express provisions 
of the Bill of Rights he has the right to be heard bv himself 
or counsel—to demand the nature and cause of the accusation 
to be confronted by the witnesses against him—to have com¬ 
pulsory processes for obtaining witnesses in his favor—ami the 
right to testify, at his election, in his ovm behalf. Moreover, 
he is entitled to a speedy public trial by an impartial jury in 
the county or district of his residence—to a change of venue in 
certain cases and he can on t be compelled to give evidence 
against himself. He cannot for the same offense be twice put 
in jeopardy of life, or limb, or arrested, or detained, or pun¬ 
ished but by virtue of a law established and promulgated prior 
to his offense. If illegally detained or deprived of his liberty, 


3 GA 



LXVI 


lie can invoke the right of the writ of habeas corpus. Shielded, 
therefore, by every safeguard which the law in its humanity 
suggests, we should not in our zeal to protect those charged with 
crime, overlook our duty to society. We have long since 
abolished the rule established after centuries of experience, 
by the common law, that no defendant should he allowed 
to testify in his own behalf, and neither the interests of the 
defendant or of society demand that we should give to those 
charged with crime any advantage in challenging of jurors 
shown to be competent and impartial. There never was any 
sound reason for allowing peremptory challenges except a senti¬ 
mental fear that the innocent might be punished, and certainly 
no justification can be shown for granting a defendant any 
advantage over the State in the number of peremptory chal¬ 
lenges he may exercise. I would therefore recommend that the 
statutes which permit peremptory challenges be repealed but if 
this is not done that the present jury law he so amended as 
to allow the defendant the same number of peremptory chal¬ 
lenges as is allowed the State. I would also recommend that 
in the trial of misdemeanors, a struck jury be not allowed, 
unless a demand is made by the defendant on the first day of the 
term on which his case is to be tried. A bill embodying these 
recommendations prepared by the attorney general, will be sub¬ 
mitted for your consideration. 

APPEALS IN CRIMINAL CASES. 


Those who have been engaged in the practice of the criminal 
law know that a very large number of appeals are taken more 
for the purpose of delay than with the expectation of securing 
a reversal. With most criminal lawyers an appeal is regarded 
as a gamble, in which the defendant may gain some advantage 
without the danger of suffering any detriment. If the case is 
reversed, a new trial is secured and through delay, witnesses 
may disappear and the guilty escape punishment. So impor¬ 
tant was delay in the trial of criminal cases regarded, that it 
at one time became a maxim among the older lawyers that three 
continuances was equal to an acquittal. Crime can alone be 
checked, not only by the certainty but the swiftness of punish¬ 
ment. 

We should not allow our courts to be converted into trib¬ 
unals which delay the punishment of crime. Under the system 
that now exists in Alabama, a cause appealed can only be heard 
at the call of the division, which occurs only twice during the 



LXVII 


year. Under the present rules of procedure, months can elapse 
between the day of the conviction, the tiling of the bill of excep¬ 
tions and the submission of the cause in the Appellate Court. 
It is these delays which tend to weaken the administration of 
the law and enable the guilty through legal processes to sus¬ 
pend, if not avert, the sword of justice. The right of appeal 
in a criminal case is a statutory and not a constitutional right. 
It is only in recent years that Great Britain allowed any appeal 
m a criminal case. All bills of exception, therefore, in criminal 
cases, should be presented to the trial judge within thirty days 
after presentation. In case notice of appeal is given, a bill of 
exceptions should be tiled with the trial judge or the clerk of 
the court within thirty days after sentence has been pronounced. 
It should be made the duty of the clerk of the court to prepare 
a transcript of the record in the case and forward the same to 
the clerk of the Supreme Court or the clerk of the Court of 
Appeals by the first Monday after the expiration of t. wen tv 
days thereafter. In the event a bill of exceptions is filed within 
sixty days after sentence is pronounced, the clerk of the court 
should forward to the clerk of the Supreme Court or the clerk 
of the Court of Appeals, a transcript of the record bv the first 
Monday after the expiration of twenty days after the bill of 
exceptions is filed in his office. All calls of divisions in respect 
to criminal cases should be abolished and the appeals in crimi¬ 
nal cases should be submitted on the second Thursday after the 
transcript of the record is filed, if the court is in regular session 
otherwise, on the first Thursday thereafter when the court is 
m regular session. If the transcript is not filed within the 
time mentioned, the appeal should be dismissed unless good 
cause is shown why the transcript was not filed in the time 
provided. A statute embodying these suggestions has been 
prepared by the attorney general and will be submitted for vour 
consideration, and I most earnestly urge its passage. 

CHARGES. 

Section 5364 of the Code of 1907 should be amended so as 
to provide that on appeal from the judgment rendered, not only 
the charges refused to the party appealing, but the charges 
given at his request and the general charge of the court be incor¬ 
porated and form a part of the bill of exceptions and that the 
case should not be reversed for failure to give any refused 
charge unless the court is of the opinion that the refused charge 
asserts a correct proposition of law applicable to the cas*e 



LX VIII 


which was not sufficiently covered either in the general charge 
of the court, or in the charges given at the request of the party 
appealing. This should apply both to civil and criminal cases. 
A bill embodying these suggestions will be submitted for your 
consideration. 


INSANITY PLEA. 

Whenever a party charged with homicide is without any 
defense, his last refuge is generally not guilty by reason of 
insanity. Many defendants, whose guilt was clearly established, 
have been permitted to escape the just punishment of their 
crimes through the subterfuge of this plea. Whenever this plea 
is interposed as a defense to an indictment charging a criminal 
offense, the court should be required to impanel a jury to try 
solely the issue of not guilty by reason of insanity at the time 
of the commission of the offense. The only question which the 
jury should be allowed to decide should be whether or not the 
defendant was insane at the time of the commission of the 
crime. If the verdict of the jury should be that the defendant 
was insane at the time of the commission of the crime, it should 
be the duty of the court to commit him to the State insane 
asylum, but if the verdict of the jury should be that the defend¬ 
ant was sane at the time of the commission of the offense, the 
court should immediately set a day for the trial of the case 
upon the charge contained in the indictment and upon such 
trial no further plea of insanity should be allowed to be inter¬ 
posed. It is therefore important that the plea of not guilty 
by reason of insanity should be tried by a separate jury. Under 
the present system in Alabama the same jury can try both 
issues—not guilty and not guilty by reason of insanity. As the 
attornev general correctly states ‘‘In all the criminal history of 
this State I have been able to learn of but a single instance in 
which a jury has rendered a verdict of not guilty by reason of 
insanity, although it is a common knowledge that this is a very 
common defense for cold-blooded, willful and deliberate mur¬ 
der.” It allows the jury to try the case upon a false issue. It 
is a patent subterfuge and is so recognized by courts and juries. 
It is not made in good faith, but solely for the purpose of 
protecting the guilty by the plea of the unwritten law. There 
should be no unwritten law in Alabama. If the Legislature 
believes that the unwritten law should continue to be made a 
defense where guilt is fully established, this defense should 
either be legalized or abolished. In my judgment no change in 



LXIX 


our methods of procedure would be more effective to lessen the 
increasing number of homicides which disgrace our civilization. 
A bill embodying these suggestions will be submitted bv the 
attorney general of the State for your consideration. 

EFFECT OF VERDICT. 

< Under the laws of Alabama, where an appeal is taken in a 
criminal case and the judgment of conviction is reversed or new 
trial granted and the offense is one of degrees, the defendant 
cannot be convicted on the subsequent trial of any higher degree 
of the offense charged in the indictment. As an illustration, 
if a defendant is charged with murder, is convicted of man¬ 
slaughter and on appeal his ease is reversed, the judgment first 
rendered operates as an acquittal of any degree of the offense 
charged in the indictment greater than manslaughter. No sound 
public policy can be subserved by such a rule of law. If the 
defendant appeals and his case is reversed, he should be placed 
upon trial for the crime charged in the indictment, and the sen¬ 
tence which has been reversed should not be allowed to operate 
as an acquittal of any higher degree of the offense charged in 
the indictment. If the defendant in a criminal case knew that 
in the event of a new trial, after reversal, he could receive a 
greater punishment than that inflicted on the first trial, those 
who are convicted of crime would be less inclined to gamble 
upon the chances of reversal. A statute of the character men¬ 
tioned would tend to prevent frivolous appeals as well as the 
delays which now weaken public confidence in the administra¬ 
tion of the law. A statute embodying these suggestions has 
been prepared by the attorney general and will he submitted for 
your consideration. 


THE ATTORNEY GENERAL. 

With the growth of wealth and population and the increase 
of the sphere of governmental activity, new and perplexing 
questions in the administration of the State’s affairs are com 
tinually arising. 

The office of attorney general is one of the most important 
in the State. Into that office should he confided control of the 
State s litigation. Many of the State’s most important inter¬ 
ests are entrusted to this department and the office of attorney 
general should be elevated to equal dignity and remuneration 
to that of a Supreme Court justice. The attorney general should 



LXX 


be the head of the State’s legal department and should have 
general supervision over all prosecuting attorneys of the State. 
Under the laws of Alabama, the attorney general is not author¬ 
ized to represent the State in any criminal prosecutions. He 
should be authorized by law to appear and represent the State 
in any prosecution in any nisi prius court that he may deem 
necessary, or in which he may be directed to appear by the 
order of the Governor. He should be given the same power 
and right to appear before grand juries as is now given by law 
to the State solicitors or prosecuting officers. He should be 
authorized, with the approval of the Governor, to employ special 
counsel where required in any litigation in which the State is 
interested. The office of assistant attorney general should be 
abolished and the attorney general vested with the power to 
employ such assistants as the duty of his office may demand and 
pay such assistants an adequate salary. It should furthermore 
be made the duty of the attorney general or his assistants, to 
carefully examine each bill in the Legislature while upon its 
passage, to see to it that all constitutional requirements are 
observed and that proper enrollment is made. He and the 
Governor should be authorized to order any solicitor, not other¬ 
wise engaged, to appear at any court of the State to represent 
the State in any civil or criminal cause, such solicitor to receive 
in addition to his regular salary his actual expenses as well as a 
reasonable per diem compensation. With these additional 
duties and powers, as well as those now required by law, the 
attorney general will become the real head of the State’s legal 
department and the criminal laws of the State will be enforced 
more vigorously and efficiently. A bill embodying these sugges¬ 
tions will be submitted for your consideration. 

ABUSE OF THE POWER TO APPOINT DEPUTY SHERIFFS. 

A serious evil which exists in a few counties in the State is 
the abuse of the power vested in the sheriff to appoint deputies. 
The statute clearly contemplates that the sheriff should be 
vested with the power to appoint only such deputies as neces¬ 
sary to aid him in the fullflllment of official duties. It was 
never intended that this power should be exercised in the inter¬ 
est of private individuals or corporations. Where appointments 
are made through such influences, the deputy looks for his com¬ 
pensation or salary not to the sheriff but to the individual or 
corporation whom he serves. These deputies live on the prop¬ 
erty of the managers or superintendents of the corporations by 



LXXI 


whom their salaries are paid and are using the power of the 
State to carry out the commands of private employers. That 
grave evils have arisen from this system cannot be denied. A 
deputy sheriff should owe allegiance to and receive compensa¬ 
tion alone from the State. If individuals or private corpora¬ 
tions require the protection of a sheriff, or his deputies, that 
protection should be furnished and paid for by the State, not 
by hirelings clothed with the vast power which the law confers 
upon the sheriff, powers which he exercises not at the command 
of the law or its constituted authorities, but at the will of his 
private employer. A man cannot serve two masters; he can¬ 
not serve both the State and a private corporation or individual 
for their interests may conflict. In the event of a conflict, under 
the present system, no one would doubt that a deputy would 
obey the orders and execute the command of his private em¬ 
ployer by whom his salary is paid. I earnestly recommend the 
adoption of legislation to correct this great evil. 

SOLICITORS. 

I endorse the suggestions of the attorney general that solici¬ 
tors should be required to advise the boards of revenue or 
county commissioners within their jurisdiction as to any mat¬ 
ters connected with their offices or with the affairs of the 
county and to represent the county in all suits which may be 
brought by or against it, to represent the county officials when 
requested and when the matter involved is not one which affects 
their official acts and not including suits upon official bonds. I 
endorse the further suggestion that the solicitors should be 
required to institute in the name of the State any proceeding 
which the attorney general is authorized to institute when 
directed by the attorney general so to do in writing. Suitable 
penalty should be provided against the solicitor who fails to 
comply with the duties exacted of him by law. 

JUDGES. 

I recommend that a suitable statute be enacted authorizing 
the Governor to direct any circuit judge in the State, not 
engaged in holding court, to go into any other county in the 
State and hold any regular, special or adjourned term of court 
whenever in the opinion of the Governor the public interests 
demands. With such a law upon the statute books there would 
be no excuse for crowded or congested dockets in any county 



LXXII 


in the State and the result would be that our jails would 
be rapidly emptied of prisoners and the great expense now 
incurred by the State for feeding prisoners would be very mate¬ 
rially reduced. The most important consideration, however, is 
that vested with this power, the Governor, upon whom the 
Constitution places the duty to see to it that the laws are faith¬ 
fully executed, could secure speedy trials in all criminal cases 
and prevent the delay which now encourages crime and so seri¬ 
ously weakens the administration of our criminal laws. The 
judge, when sent to a county outside of his circuit, should be 
allowed his reasonable traveling expenses and a reasonable 
per diem not exceeding ten dollars per day in addition to his 
salary. A bill embodying these suggestions will be submitted 
for your consideration. 

The reforms, therefore, which I suggest for the improvement 
of our criminal laws may be summarized as follows: 

1st. Appointment of a commission composed of two mem¬ 
bers of the House and one member of the Senate and two mem¬ 
bers of the bar of the State to suggest a complete reorganization 
of the trial court system of the State. 

2nd. To reduce the number of judges and equalize their 
labors. Such commission to sit during recess, to secure all 
proper testimony, and information and present bills on the 
subject. 

3rd. The adoption of the rule which now exists in England 
and which prevails in several states of the Union and which 
has been indorsed by the American Bar Association, which is, 
in substance, that the Legislature shall enact a law that no new 
trial shall be granted on the ground of a misdirection of the 
jury or the improper admission of evidence, or for error in any 
matter of pleading, practice or procedure, unless in the opinion 
of the Appellate Court, after an examination of the entire 
case, it shall affirmatively appear that the error complained of 
has resulted in a miscarriage of justice. 

4th. Practice in the trial of causes, civil and criminal, to 
be governed by the legislative practice act to be as brief as pos¬ 
sible, vesting in the Supreme Court of the State ample power 
to adopt rules of practice and procedure. 

5th. Allowing the State the same number of challenges as 
the defendant in all criminal cases and reducing the number 
of challenges in both felonies and misdemeanors. 

6th. To allow no prosecutions of misdemeanors except on 
the indictment of the grand jury or upon information presented, 
being approved by the solicitor or assistant solicitor of the 



LXXIII 


county or circuit, or attorney general thereby preventing a 
mass of frivolous and unfounded prosecutions. 

7th. Giving the Governor power to order any circuit judge 
n0t c l her ™ en g a S e(1 to hold court in any county in the State. 

bth. Giving the Governor power to order any solicitor not 
otherwise engaged to prosecute any criminal case in anv 
county in the State upon the order of the Governor and the 
attorney general. 

Amending our law in reference to special charges. 

10th. Requiring the insanity plea to be tried separately 

10 m the plea of not guilty and to be tried by a separate jury. 

11th To expedite appeals in criminal cases to the Supreme 
or ppellate Court and to abolish calls by divisions in criminal 

CHS0S. 

general T ° 1DCrease the P ower and authority of the attorney 

13th. The enactment of a statute providing that whenever 
a defendant indicted for any degree of homicide, is convicted 
of a lesser degree and judgment is reversed, upon his apepal, or 
if a new trial is granted, that defendant be placed upon trial 
or the crime charged as if there had been no previous trial. 

14th. To amend our jury laws prohibiting struck juries 
in misdemeanors unless demanded in writing on the first dav 
of the term of the court. 

In addition to these reforms I urge that a contingent fund 
be given to the Governor to be used in aiding solicitors in 
unearthing crime; the expenditure of such funds to be under 
the supervismn of the attorney general, subject to the approval 
ot the governor. 

In most of the states of the Union, prosecuting officers have 
power to employ detectives to aid them in securing evidence 
and investigating clues leading to the arrest of parties guilty 
of crimes, both felonies and misdemeanors. 

HOMICIDES. 

The vast number of homicides in Alabama not only threatens 
our security, but checks our development and lowers our stand¬ 
ard of civilization. The number of cases tried constitute but a 
very smail proportion of those who have committed the offense. 

When a homicide is committed, if the guilty party is not 
known, or his name cannot be readily ascertained, the case is 
soon forgotten. I would therefore suggest that it should be 
made the duty of every circuit solicitor to keep a record in 



LXXIV 


which shall be entered the names of every person whose death 
has been caused by violence; the name of every person charged 
with the commission of the homicide, or where the name ot the 
guilty party is unknown, a statement to that effect. Such r ® cor 
should show what arrests were made, what trials were had and 
what punishment inflicted. 

It should be made the duty of every judge of every court in 
the State to submit to each grand jury a written list showing 
the names of each person who has come to his death from vio¬ 
lence, the names of parties charged with the homicide, if known, 
and if not known a statement to that effect, and require each 
grand jury to thoroughly investigate the case, and this list 
should embrace the homicides committed in the State within the 
past ten years and that may be committed in the future. 

No limitation of time bars a prosecution for any public 
offense which may be punished capitally, for murder in the 
second degree, for manslaughter in the first degree, and the 
efforts of the State to bring the guilty parties to justice should 
not end until an arrest is made and a trial secured. Under the 
law, methods that now exist, a murder is soon forgotten and the 
guilty too often allowed to escape through negligence or inactiv¬ 
ity on the part of the State’s authorities. 

CORONER. 

In the a dm inistration of our criminal laws the office of 
coroner is one of increasing importance and dignity. I r ® c ° n *' 
mend that the election of a coroner by the people be abolished 
and the power to appoint a coroner be vested in the Governor. 
The coroner should as far as possible be an expert in the detec¬ 
tion of crime, should have some medical knowledge, should be 
required to investigate every death from violence, and where 
necessary, to impanel a jury and make a complete inquest. It 
should be made illegal for any person to move the body or inter¬ 
fere with the surroundings until the scene of the crime and t e 
body is viewed by the coroner, wherever such coroner is easily 
accessible. The coroner should be paid an adequate compensa¬ 
tion, should be allowed to employ assistants and be furnished 
his actual expenses in traveling to and from different parts 
of the county in the investigation of crime. In other words, he 
should be constantly on the job and should be required o 
furnish a written report to the solicitor and trial judge, which 
should be submitted to each grand jury. A statute embodying 
these suggestions will be submitted for your consideration. 



LXXV 


The whole purpose of our courts is to secure speedy, impar¬ 
tial and economical administration of the law. It would seem, 
therefore, that the reforms which are advocated are so essential 
and obvious that they would receive the approval of every intelli¬ 
gent and patriotic citizen of the State. We must not forget, how¬ 
ever, that no important reforms have ever yet been accom¬ 
plished without meeting opposition—opposition which may be 
inspired either by ignorance or selfishness. It may be to the 
interests of certain corporations or attorneys in this State to 
retain the present system, by which the administration of the 
law is delayed and denied, by which technical objections and 
methods of procedure clog the wheels of justice. I am not 
willing to believe, however, that in a reform of this importance, 
one upon which the progress of the State so materially depends, 
one which affects the standard of our civilization and one which 
is demanded by every consideration which should appeal to our 
lawmakers, will be denied or delayed by the selfish personal 
interests of either corporations or attorneys or any other class 
of our people who may now be benefited by the delays and 
expense which now mark the administration of the law "in this 
State. 


SHERIFFS. 

I would recommend that section 5870 of the Code defining 
the duties of sheriff be amended by adding thereto in lieu of 
sub-division 4, the following: 

It shall be the duty of the sheriff by himself or deputy to 
preserve the peace in liis county, to ferret out crime, to appre¬ 
hend and arrest all criminals, in so far as it is within his power 
to secure evidence of all crimes committed in his county and 
present the same to the circuit or county solicitor and the 
grand jury; to file information against all persons whom he 
knows, or has reason to believe, have violated the laws of the 
State. To make special investigations of any alleged infrac¬ 
tions of the law within his county whenever directed so to do 
in writing by the Governor, attorney general, or the circuit or 
county solicitor and report with reference thereto within a 
reasonable time, and to perform all other duties pertaining to 
the office of sheriff, or which are or may be imposed by law.” 

Sub-division 5.—Whenever such special investigation is 
made the sheriff shall file with the court of county commission¬ 
ers or the board of revenue a detailed sworn statement of his 
expenses, accompanied by the written order of the Governor 



LXXVI 


or circuit or county solicitor, and the said court or county 
commissioners or board of revenue shall audit and allow J 
so much thereof as they shall find reasonable and necessary. 

The duties of the sheriff are not sufficiently defined by the 
present law. He is the chief and most important executive o 
fleer of the county in the enforcement of the law. Experience 
shows that frequently crimes are committed and yet no arrests 
are made. It should therefore clearly be made the duty ol the 
sheriff to apprehend and arrest all criminals and to file infor¬ 
mation against all persons whom he knows or has reason to 
believe have violated the laws of the State. In other words the 
primary duty should be devolved upon the sheriff to put in 
motion the agencies of the law for the suppression of crime. 
Under the law as it now exists, although the Constitution di¬ 
rects that the Governor shall see to it that the laws are faith¬ 
fully executed, he has no legal power to require the sheriff to 
make special investigations of infractions of the law or to make 
reports with reference thereto. It is true that my experience 
shows that the sheriffs have readily complied with requests ol 
this character, and yet the request would have more force it 
it were sustained by some provision of law. The amendment 
suggested would tend to magnify the office of the sheriff and 
make him more efficient by clearly defining his duties. 


STATE SHERIFFS. 

Sheriffs, like other men, are subject to local influences and 
conditions and it has been suggested that the power of the Gov¬ 
ernor to enforce the laws of the State would be very material¬ 
ly increased if an office to be known as The State Sheriff was 
created, to be appointed by the Governor to receive an adequate 
salarv and to he subject to his orders to investigate crime or 
infractions of the law in any part of the State, with power to 
make arrests, vested fully with all the powers that the sheriffs 
of particular counties might have. Such a sheriff should be 
an expert in the detection of crime, and the small expenses 
which the creation of this office might require would be more 
than compensated by the more vigorous prosecution of crime 
and enforcement of the criminal laws of the State. I urge that 
vou give this matter your serious consideration. Such an of¬ 
ficer would be far more valuable than the private detectives on 
which we are now so often forced to rely to aid in ferreting ou 
crime and bringing the guilty to justice. My experience has 
shown that the public largely overestimate the value of the ser- 



LXXVII 


vices of private detectives and I am convinced that an official 
known as the State sheriffs, vested with all the power and au¬ 
thority of the law, under the control of the Governor, could 
be made a most effective and valuable agency in securing bet¬ 
ter enforcement of our penal laws. 

MULTIPLICITY OP STATUTORY OFFENSES. 

The tendency to create a very large number of statutory 
crimes of the same generic offense, constitutes one of the prin¬ 
cipal weaknesses of our criminal laws. Under the statutes of 
Alabama we have larceny, embezzlement, robbery, cheating by 
false pretenses, embezzlement by different persons and officials, 
from different sources and by different methods, larceny of out¬ 
standing crops, larceny by receiving or concealing stolen prop- 
erty, larceny from the person, from the building and various 
other refinements, a large number of which are unnecessary 
and only tend to multiply appeals and increase opportunity of 
acquittal. A large number of these appeals and acquittals 
could be obviated by reducing the number of statutory offenses 
covering the various degrees of the same generic offense. 

Under the statutes of this State, the plain and common fact 
of stealing is very greatly differentiated. This statutory sys¬ 
tem furnishes guilty individuals with the opportunity to escape 
justice on technical grounds. It is wholly immaterial when 
a thief steals money, whether he insinuates himself secretly 
into a private dwelling or whether he appropriates to his own 
use money that has been given him as a trustee, officer, or agent 
for some special purpose. 

I recommend the repeal of every statute undertaking to de¬ 
fine and punish embezzlement, and an amendment of the lar¬ 
ceny statute to provide not only that he who feloniouslv takes 
and carries away, but also that whosoever under any circum¬ 
stances appropriates to his own use or to the use of another 
the personal property of any party, shall be guilty of larceny. 
There is no sense and no reason why the vulgar fact of steal¬ 
ing should be dignified by a dozen different definitions. 


FEEDING PRISONERS. 

As shown by the report of the State prison inspector, the 
cost to the State for feeding prisoners during the last fiscal 
year was $175,928.90, making the average cost for each priso¬ 
ner $7.45. Under the laws of Alabama, the State pays for 



LXXVIII 


the feeding of all prisoners in jail, whether the charge be a 
felony or a misdemeanor. Where a person charged with an of¬ 
fense which is a misdemeanor, or where the hard labor does 
not exceed two years, the county gets the benefit of the pro¬ 
ceeds of the hire and yet is required to make no returns to the 
State for money expended by the State for feeding the prisoner. 
A reform by which the counties could be made to bear the bur¬ 
den of paying for the feeding of prisoners charged and con¬ 
victed of misdemeanors and for which the county receives a 
return from the proceeds of the prisoner’s hire or labor, is 
made impossible by the provision of section 218 of the Con¬ 
stitution. It is evident, therefore, that the entire burden of 
feeding prisoners in this State, whatever may be the character 
of the charge of which a person in prison is accused, must con¬ 
tinue to be borne by the State until the Constitution is 
amended. 

Under the provisions of the law as it now exists, the sheriffs 
of the State are allowed a minimum of thirty cents and a max¬ 
imum of sixty cents per diem for feeding prisoners, this allow¬ 
ance being graded according to the number confined in each 
jail. There is no provision in the law which requires that this 
amount allowed by the State shall be expended for the actual 
feeding of the prisoners. My attention was heretofore called 
to this fact by the report of the State prison inspector, for¬ 
merly filed, that in many of the jails of the State, the prisoners 
were not supplied with sufficient food and that the moneys ap¬ 
propriated by the State for the feeding of prisoners was being 
used as a source of revenue to the sheriffs. Accordingly, in 
July, 1913, I addressed a letter to the attorney general, re¬ 
questing him to advise me whether under section 6668 of the 
Code, as amended in 1911, sheriffs are entitled to receive a 
fixed sum, irrespective of the cost of the food furnished, the 
amount named as the allowance for feeding prisoners, oi 
whether such sum is a maximum within which the expense o 
feeding must be confined, the State to be charged with the ac¬ 
tual expense. In reply the attorney general stated that it has 
always been the practice of the State to pay the sheriffs cer¬ 
tain sums for feeding prisoners, without regard to whether 
such amount was actually expended by him or not. He fur¬ 
ther stated that it is a well known fact and has been for years, 
that in many counties of the State the profit for feeding priso¬ 
ners has been one of the largest sources of revenue to the sher¬ 
iffs, and that if any change in this condition is to be effected, it 
must be brought about by legislative action. It would there- 



LXXIX 


fore seem that the amount appropriated by the State for feed¬ 
ing of prisoners is intended as a fee for the sheriffs, the propor¬ 
tion of the appropriation which he may expend for feeding 
being left entirely to his discretion. In other words, it depends 
entirely upon the humanity of the sheriffs, as to whether the 
prisoners will receive sufficient food or not, the prisoners’ right 
not being safeguarded by law. If the sheriff should conclude 
just to supply the prisoner with a sufficient amount of food to 
keep him alive, there seems to be no law in Alabama to correct 
such inhumane conduct. As long as the per diem allowance 
for feeding prisoners is construed as a fee for the sheriff, and 
the amount which the prisoner shall receive is left alone to his 
arbitrary caprice or discretion, just so long the prisoners in 
many of the jails of the State will be underfed and the moneys 
appropriated diverted from the purpose for which it should be 
intended. The sheriff should not be allowed to make any profit 
on the feeding of a prisoner. The prisoner should be properly 
fed, and if there is any surplus, it should be returned to the 
treasury. 

In his last report the State prison inspector states that in 
the city prison in Mobile the cost of feeding prisoners three 
meals a day is only 13y 2 cents, and in the Birmingham city 
prison, three meals a day, costs 15 cents; that he has heard no 
complaint as to the character of food in either of those city 
prisons; that in the county jail of Jefferson county, the State 
prisoners are fed only two meals a day; that the food is not 
better than in the city prisons mentioned and in his opinion, 
based upon frequent inspection, does not cost more than ten 
cents a day for the two meals, which are furnished prisoners 
in that jail; that the feed bill for Jefferson county, as shown 
by the sheriff’s monthly reports, was $37,688.90 for the past 
fiscal year; that as the law provides that for each prisoner the 
sheriff shall receive thirty cents per day, and in that he feeds 
them for ten cents, it is clear that he made a net profit of $25,- 
125.94 during the last fiscal year, or more than $100,000.00 dur¬ 
ing his four years of office. 

I would therefore recommend the repeal of the present law 
allowing the sheriff a per diem allowance for feeding prisoners. 

I would recommend that a law be passed making it the duty 
of each commissioners court or board of revenue in each coun¬ 
ty to supply the prisoners with sufficient food, the character 
of food to be furnished, the amount and quantity to be fixed 
in the laAv, subject to such changes as may be made by the 
State prison inspector; that a monthly account of such pur- 



LXXXII 


STATE PRISON INSPECTOR. 

The office of State prison inspector, created by the act of 
April 8th, 1911, has become one of the most valuable and im¬ 
portant departments of the State government. 

Prior to the creation of this department, not only the con¬ 
dition of our jails, but the treatment of their inmates had be¬ 
come a reproach to our civilization. There was an utter ab¬ 
sence of sanitation, hygienic conditions or healthfulness and 
our jails had become a prolific breeding place for disease. 

It was an absolute perversion of the purposes of our criminal 
laws to convert our jails into places where those who were con¬ 
fined, in advance of conviction, were subjected to cruel, inhu¬ 
mane treatment, where they were deprived of every reasonable 
comfort or convenience, exposed to contagious diseases and 
denied all bathing facilities, medical attention and subjected to 
every possible indignity. 

Under the laws of Alabama, every man is presumed to be 
innocent until his guilt is established and those in jail, in 
advance of trial, are principally confined for want of bond and 
not as a method of punishment. 

As shown by the report of the State prison inspector, 24,791 
persons were confined in jail during the past fiscal year and 
more than one-fourth of this number were confined in the jail 
of Jefferson county. It is well to remember that these figures 
do not include all who w T ere charged with crime, but only those 
who were unable to secure their release on bond. The question, 
then, may well be asked, whether this large number of persons 
confined in jail w T ere detained to subserve the ends of public 
justice or whether their confinement was due to some fault in 
our system of criminal laws. Was this large number confined to 
vindicate the majesty of the law, or to secure fees for officers. 

Examination of our criminal system leads to but one an¬ 
swer and that is, that the larger proportion of those confined 
in jail were kept in custody, not to vindicate outraged justice, 
but to put money in the pockets of certain officials. This alarm¬ 
ing record is due primarily to our fee system, by which certain 
officers and officials are encouraged to commence frivolous and 
unfounded prosecutions, not to subserve the public good, but to 
gratify their own selfish purposes. If the fee system in Ala¬ 
bama was abolished and if prosecutions were limited to those 
approved by the solicitor or some other competent authority, the 
large number of persons now confined in jail on misdemeanor 
charges would be most materially reduced. The longer a person 



LXXXIII 


charged with crime is kept iu jail, the greater will be the feed 
bill of the sheriff. 

Justice in Alabama should be administered solely for one 
purpose, to prevent the commission of crime and to reform the 
criminal and not to swell the income of any favored officials. 

I call your especial attention to the report of the State 
prison inspector and the picture which he draws of the treat¬ 
ment to which those who are confined in our jails are sub¬ 
jected,—the utter lack of proper or wholesome food, of exer¬ 
cise, of sun-light, of bathing facilities and the ease with which 
disease is spread—a picture by no means overdrawn. 

As the State prison inspector properly states, these persons 
confined in the county jails are usually awaiting trial, pre¬ 
sumed to he innocent and are entitled to cleanliness, fresh air, 
light and wholesome food. I earnestly invite your attention to 
the reforms which his report shows have been inaugurated, the 
number of new jails constructed, the number of jails improved 
and the betterment of conditions secured by his Department. 

In addition to the inspection of jails, it was made the duty 
of the State prison inspector, by the act approved April 22d, 
1911, to inspect the insane asylums, State and county convict 
camps, as well as the camps of corporations or individuals, 
leasing or working county convicts, the State penitentiary and 
all State institutions of whatever nature and kind and to visit 
all of the places designated by the Governor. 

During my term of office, I have accordingly ordered the 
Stale prison inspector to visit and inspect the various State 
institutions mentioned in the act and his services have been of 
great benefit in improving conditions and in calling attention 
to flagrant abuses that existed and thereby securing their cor¬ 
rection. In addition to these duties, the State prison inspector 
is required to inspect the cotton mills and certain factories 
of the State and to prevent the abuses of our child labor laws 
and to secure proper sanitation and hygienic conditions in these 
important industrial organizations. 

Tinder the provisions of the law creating this Department, 
it is made the duty of the State prison inspector to inspect, at 
least, twice each year, or as often as he may deem necessary, 
every municipal jail or prison in any incorporated city or 
town in the State with ten thousand or more population, accord¬ 
ing to the last census and to aid in securing the just, humane 
and economic management of all such institutions. 

During my term of office, it has come to my knoAvledge that 
the worst abuses have existed in the prisons and jails in towns 



LXXXIV 


of under ten thousand inhabitants and yet, these jails and 
prisoners are not subjected to inspection by the State prison 
inspector. I would therefore recommend that the law be 
changed so as to make it the duty of the State prison inspector 
to exercise the same inspection and be vested with the same 
powers and duties in reference to prisons and jails in munici¬ 
palities under ten thousand inhabitants, as are vested in him in 
reference to jails and prisons in counties as well as the cities of 
over ten thousand inhabitants. 

The State Prison Inspector has, at my request, inspected 
a number of jails and prisons in municipalities of under ten 
thousand inhabitants, but on account of this defect in the law, 
has been without power to order the necessary improvements or 
reforms. Conditions that now exist in many of the municipal 
prisons and jails are deplorable. Many of them are unsanitary, 
badly constructed and ill-adapted to the use for which they are 
intended. There is an absence of all sanitary arranagements 
and persons confined in them for violations of municipal ordi¬ 
nances, deprived of light, heat, ventilation or ordinary comforts, 
are subjected to treatment which should not be longer tolerated 
by a progressive or enlightened State. 

The reforms which the State prison inspector has inaugu¬ 
rated in our prisons and jails has met a storm of opposition 
from selfish interests, or from those who have been waxing fat 
from fees wrung from helpless and defenseless prisoners. 

In the discharge of his important duties for the betterment 
of the miserable conditions which prevail in our jails and 
prisons, the State inspector, undeterred by selfish clamor or 
threats of special interests, has calmly and courageously per¬ 
formed his duty and the results which he has accomplished 
during his administration, the reforms which he has estate 
lished have not only justified the creation of this department, 
but made it one of the most necessary and important arms of 
the State government. 

No appropriation has ever been made by the State Legisla¬ 
ture that has been more wisely or beneficially expended and I 
earnestly urge that the powers of this department be enlarged 
so as to embrace every municipal jail and prison in the State. 

PARDONS AND PAROLES. 

The Constitution of the State vests in the Governor the 
power to remit fines and forfeitures and after conviction to 
grant reprieves, paroles, commutation of sentences and pardons. 



LXXXV 


He is the sole depository of this important power—in many 
cases the power of life and death——and one which imposes 
upon him grave responsibility, the exercise of which is not only 
difficult hut consumes more time and labor than any other 
executive function. The pardoning power brings to the execu¬ 
tive office a never ceasing stream of visitors, petitioners, dele¬ 
gations and attorneys seeking clemency for some convict. It 
makes necessary more correspendence than any other subject 
with which the Governor has to deal. There is now no limitation 
upon the right of any personal convicted of crime, through him¬ 
self, his attorneys or friends, from seeking executive clemency, 
and each application with its accompanying letters, affidavits, 
petitions, appeals and transcripts of evidence, the Gover¬ 
nor must personally examine and study in order to reach 
a correct conclusion. Even after a decision is reached and 
clemency refused, there is no limitation upon the right to apply 
for a rehearing except such rules as the Governor may prescribe. 
To those who have given the subject but little thought it may 
seem an easy and simple matter to determine whether clemency 
shall or shall not be granted, and yet every Governor who has 
dealt with the exercise of the pardoning power knows, that in 
spite of every rule which his experience may suggest, regard¬ 
less of every method that may be adopted to regulate and sim¬ 
plify procedure, the power to pardon or parole still remains not 
only the most difficult but the most perplexing and complicated 
duty which he must perform. He must consider the facts and 
circumstances connected with each case—he must examine all 
the letters, recommendations and other papers on tile in each 
record—must ascertain the convict’s environment, his habits 
and characteristics, and consider whether or not his parole 
would affect the enforcement of law and whether there are any 
mitigating circumstances to justify clemency. Yet, even after 
giving each case the most careful and painstaking considera¬ 
tion, the Governor is forced to rely upon ex parte showings or 
hearings and has neither the time or the opportunity to ascer¬ 
tain those facts in reference to the convict which would enable 
him always to reach a proper conclusion. There is a very essen¬ 
tial difference between a pardon and parole. I have never be¬ 
lieved it to be the duty of the Governor to pardon any man for 
crime or set aside the verdicts of juries unless he is affirma¬ 
tively convinced by the study of all the facts and circumstances, 
by the stenographic report of the testimony or by other unim¬ 
peachable evidence that there has been a miscarriage of justice. 
I have accordingly during my term of office granted but few 



LXXXVI 


pardons, not exceeding fifty in number. The power to parole, 
however, has been more frequently exercised. A parole is simply 
the supension of the sentence on such conditions as the Gov¬ 
ernor may prescribe. It can be revoked at any time the Gov¬ 
ernor may see proper and from his revocation there is no appeal. 
It is a power, which if properly used can be made a very potent 
means to secure the reformation of the criminal and promote 
the public good. It is a power which the Governor should exer¬ 
cise, but its proper exercise demands the assistance of other 
agencies, which do not now exist. There should be some board 
created whose duty it would be to ascertain immediately after 
the sentence of any person convicted of a felony, full and com¬ 
plete statements of the facts and circumstances surrounding 
the commission of the offense for which such person has been 
found guilty, the characteristics, habits, occupation, environ¬ 
ment and heredity, of each person so convicted. Such 
board should have the power to prescribe proper rules 
and regulations, to ascertain the conduct, the temperament 
and the record of each person while serving his sentence; 
his obedience to discipline and all the facts necessary to 
inform them of his tendencies and on which they could 
properly base a conclusion as to his right to parole. The 
present board of pardons is merely an advisory body. They 
are all State officials engaged in the performance of other impor- 
tants duties, which fully occupy their time. Like the Governor, 
it is impossible for them to make a careful investigation and 
study of each case, which is important if a proper and correct 
decision is to be reached. The pardon board has been very dili¬ 
gent and active but they are hampered by the same limitations 
which affect the Governor. 

To carry out these suggestions, the attorney general has 
prepared a bill for your consideration providing for an indeter¬ 
minate term of imprisonment for persons convicted of felonies 
and providing for their conditional release before the maximum 
length of their term and for their reimprisonment for the viola¬ 
tion of any of the conditions upon which they are released, and 
to create a board to carry into effect the provisions and super¬ 
vise the enforcement of this act. 

The indeterminate sentence law wherever tried has been 
found to be satisfactory. If this reform is adopted, hereafter 
when a person is convicted of any felony and sentenced, he is 
sentenced to the penitentiary for a period not less than the 
the minimum or longer than the maximum term provided by 
law and in all cases of degrees, the jury shall by their verdicts 



LXXXVII 


ascertain the degree of the offense, but shall not fix the punish¬ 
ment unless the offense be one which is punished capitally. 

The bill suggested creates a State board of parole consisting 
of a chairman and two associate members appointed by the Gov¬ 
ernor with the advice and consent of the Senate. It is made the 
duty of every trial judge and solicitor in this State to report to 
this board within ten days after the sentence of any person con¬ 
victed of a felony a full and complete statement of the facts and 
circumstances surrounding the commission of the offense, the 
character, the previous habits and the occupation of the convict, 
so far as known, with a statement as to the length of time which 
in the opinion of the judge and solicitor would be a proper pun¬ 
ishment for the offense. It is further made the duty of the 
board, collectively or individually, to visit each place in the 
State in which persons convicted of felonies are confined, at 
least once every two months, to inform themselves thoroughly 
as to the conditions surrounding the prisoners confined at each 
place, to talk with the prisoners and to make inquiry into any 
and all matters which they deem proper, to make a special inves¬ 
tigation of the conduct of each person, to ascertain from the 
wardens and other prison officials all matters which may throw 
light upon the character and conduct of the various persons and 
to aid in every possible way in bringing about a reformation 
of each prisoner. It is made the duty of the board not only to 
examine and carefully consider the statements of the trial judge 
and solicitor, but to obtain from each prisoner a statement of 
facts and circumstances, his previous life and conduct. This 
board is to have access at all times, night or day, to any prison 
and to confer privately with each prisoner. The members of 
the board shall give their entire time to the discharge of their 
official duties and shall be entitled to free transportation, upon 
any railroad in the State, while engaged in the discharge of 
their official duties as members of the board. This board is 
given the power to order the release of any person confined in 
the penitentiary upon the conviction of a felony at any time 
after the expiration of the minimum term of sentence upon 
such conditions as the board may impose. It is provided, how¬ 
ever, that when the person is released he shall still deem to 
be in legal custody, subject to the power and jurisdiction of the 
board who may at any time order his rearrest and re-imprison¬ 
ment. They are authorized to recommend to the Governor a 
full discharge of the prisoner and upon the approval of the 
Governor the prisoner is discharged absolutely from custody 
and not liable to rearrest. The powers granted to this board 



LXXXVIII 


does not interfere with the constitutional right of the Governor 
to grant paroles or pardons. If the board proves diligent and 
faithful in the discharge of their duties, no Governor would 
be inclined to grant a parole except upon the recommendation 
of the board of paroles. The establishment of such a board 
would tend largely to correct a very grave and serious defect in 
the present exercises of the parole power. When a convict is 
now paroled, the Governor can have but scant information as to 
the characteristics of the convict and the circumstances con¬ 
nected with his crime. The discharge of other important duties 
would absolutely prevent the Governor from giving that careful 
study to each case which its importance demands, for if he 
undertook such a duty it would practically consume all his 
time and attention to the exclusion of any other executive func¬ 
tion. Moreover, when a convict is paroled, there is no official 
of the State charged with the duty of ascertaining whether the 
convict has actually reformed or is complying with the condi¬ 
tions of the parole. It is true, that in the exercise of this power, 
I have undertaken to make certain parties agents of the State 
to report violations of paroles, but there is no duty incumbent 
to the parties to whom I may delegate this trust to discharge it 
efficiently or under the solemnity of an oath of office. In my 
judgment, it is absolutely essential if the power to parole is to 
be made an effective means of securing reformation, that there 
should be some State official whose duty it is to keep constant 
watch of the party paroled and to promptly revoke the parole, 
whenever facts or circumstances coming into their knowledge 
justify such action. Such a board can acquire valuable informa¬ 
tion, which is now not accessible to the Governor or pardon 
board and could make the power to parole a wise and efficient 
method of securing that which is the chief purpose of our penal 
laws—the reformation of the convict. 

Under the bill which has been suggested no person can apply 
for a parole until he has served his minimum sentence. Under 
the federal laws no parole is considered until a convict has 
served one-third of his sentence. Yet, under the laws as they 
now exist, no sooner do some persons enter the penitentiary 
than they immediately commence a campaign for their release. 
The creation of such a board would relieve an enormous mass 
of labor from the executive office, would establish a uniform 
system and would largely prevent the abuse of the power to 
parole which must continue to exist as long as the present 
methods prevail. 



LXXXIX 


There is a very general misconception of the pardoning 
poAver. Many honest and conscientious men believe that in the 
exercise of this power, the Governor should yield to appeals to 
his pity, his sympathy, to public sentiment or the obligations 
°* p . e ^ sonal or Political friendships. A conscientious public 
official, hoAvever, in the matter of pardons or paroles can alone 
consider whether there has been a miscarriage of justice: 
whether the public interests and the public good would be as 
uell subserved by the supension as the execution of the sen¬ 
tence and whether by the exercise of a parole the prisoner’s 
reform Avould be accomplished. Under our system of penal 
laws, the innocent must ahvays more or less suffer from the 
conviction of the guilty. Under the hrw as it now exists, it is 
made the duty of every judge to furnish the Governor, imme¬ 
diately after conviction of a felony, Avith a statement of all the 
. . and circumstances connected with the offense and any 
mitigating circumstances that may exist. There is, unfortun- 
atel}, however, no penalty for failure to comply with this pro- 
vision of the laiv, with the result that very feiv judges furnish 
tnis valuable information to the executive office. Under the 
bill mentioned, it is made the duty of the judge and solicitor, 
under proper penalty, when the facts are fresh in their recollec¬ 
tion, to furnish this important information to the board of 
paroles. Like the Governor, the judges and solicitors are be- 
seiged Avith applications to recommend clemency. In some 
cases as the files in my office will show, letters can be found 
from both judge and solicitor, bitterly opposing clemencv when 
it was first sought and later urging clemency in the strongest 
possible terms. The strict observance of the duty suggested 
would relieve them of the burden now imposed, the constant ap¬ 
peals and importunities of friends and partisans of the convict 
and furnish a record made when the facts Avere fresh in their 
recollection on which they could subsequently rely. During my 
term of office many cases have been brought to" my attention 
where the convicts were obscure and defenseless, Avhere the 
the trial judge and solicitor were both dead, and where there 
Avere no possible means of ascertaining the facts connected 
AAnth the crime. The exercise of clemency in such cases is largely 
a matter of chance and this should no longer be permitted. A 
record should be kept as a permanent record at the capitoi to 
which the Governor could have access at any time and which 
Avould after the lapse of many years furnish a true history of 
eacn case. 



xc 


I therefore recommend the passage of the indeterminate sen¬ 
tence law as outlined in the bill prepared by the attorney gen¬ 
eral, and which I make a part of this message. 

CHILD LABOR. 

I renew the recommendation contained in my former oh's- 
sage that the age limit of children who work in mills and fac¬ 
tories should be raised to fourteen years. Alabama occupies 
the unenviable position of being one of the three states in the 
Union that permits the life, the health, the intelligence of little 
children to be coined into money to swell the dividends of mill 
owners and stockholders. All over the Union the demands foi 
social justice for the toilers in mines, in mills and faetones, 01 
better hygienic and sanitary protection and safe guards, and 
for reasonable hours of labor have found a responsive echo in 
the hearts of the people. 

Our little children are our most valuable asset and tliev 
should not be worked at a period forbidden by the humane laws 
of almost every state in the Union, worked until their physical 
and mental natures are dwarfed and deformed, their lives short¬ 
ened, prematurely aged and wrecked to satisfy the greed of then 
task masters. No child in Alabama should be denied his God- 
given heritage of sunlight, of recreation and of education. Be 
should strike from the tender limbs of our children, now toiling 
in mills and factories, the shackles of industrial slavery and 
give them that opportunity for educational and physical devel¬ 
opment which should be the birth-right of every son and daugh¬ 
ter of Alabama. . , .... ,, 

The present child labor law of Alabama is a make shift. It 
was drafted more in the interests of the mill owners than of 
the child it was claimed to protect. Many of its wisest provi¬ 
sions were stricken out at the dictation of selfish special inter¬ 
ests The question of an adequate child labor law was made 
an issue in the recent campaign and there is no reform in Ala¬ 
bama which has behind it a stronger public sentiment or which 
was more unequivocally endorsed at the polls. 

Judging the future by the past, you may expect opposition 
to the enactment of a just and humane child labor law. I am 
sure, however, that this important reform will have your care¬ 
ful consideration and that your action will not be influenced by 
the selfish appeals or efforts of those who are interested in the 
employment of labor in mills and factories. We should not 
overlook the fact that the intelligent public opinion of the 



XCI 


nation now measures the civilization of every common wealth 
by its attitude toward children. It is an error to suppose that 
this is a sentimental movement based purely on sympathy or 
inspired by pity. The motives that inspire it are economic, edu¬ 
cational and patriotic. I quote with approval from an address 
by Dr. Felix Adler: 

“The economic result of the abolition of child labor will 
be the raising of the wages of the adult. It is the compe¬ 
tition of the little child that drags down the wage-standard 
of the adult. The abolition of child labor will mean the 
enhancement of the standard of living for the working 
classes, without in the least necessarily implying an in¬ 
crease in the cost of production. Secondly, there is the 
educational motive. With the abolition of child labor our 
schools will become what they are not yet, true instru¬ 
mentalities of vocational training, with a view' to promot¬ 
ing genuine efficiency for the business of life.” 

We should not forget that the girls and boys who labor in 
mills and factories will become citizens and we should not by 
our law deny them the right to be properly fitted for the dis¬ 
charge of the important duties of American citizenship. Aside, 
therefore, from any considerations of sentiment, pity or sym¬ 
pathy, viewing the question alone from the standpoint of mate¬ 
rial advantage to the State, no one can deny that the protection 
of children by a proper child labor law will elevate the stand¬ 
ard of our citizenship and secure most important economic 
results. 

I would therefore, recommend the passage of a bill embody¬ 
ing specifically the following provisions: 

1. A minimum age limit of 14 years to go into effect in 
1916,, a minimum age limit of 13 years in 1915, in all occu¬ 
pations except agriculture and domestic service. By making 
this gradual change no hardship can occur. 

2. Regulation of hours. Children under 16 not to work 
more than 8 hours a day, or 48 hours a week. 

3. Children under 16 years of age prohibited from certain 
dangerous and injurious occupations, such as work in mines 
or on hazardous machines. 

4. Employment certificates required for all children under 
16, to be issued by the school superintendent in the city or 
county, (a) In order to prove that the children are 14 years 
of age; (b) in order to insure that they attend school a min- 



XGII 


imum of 16 weeks a year before they are 14 and can read and 

write simple English. . ■ , 

5. The demoralizing night messenger service prohibited 
to minors in cities of 10,000 or more population after ten 

o’clock at night. . 

6. Street occupation of newspaper selling, peddling, etc., 
prohibited to boys under 12 and girls under 18 in cities of 10,- 

000 or more. , r , 

7. Employers of children required to keep their establisn- 
ments in a sanitary condition, properly ventilated and pro¬ 
vided with suitable water closets and machinery which is not 

defective or unsafe. . 

8. The State prison inspector to be charged with the in¬ 
spection of establishments where children are employed in the 
administration of the law. For this purpose to be provided 
with two additional deputy inspectors. The contemplated ex¬ 
tension of the law to a larger number of occupations not now 
embraced in the present law makes the force of inspectors now 
at his command totally inadequate. The inspectors employed 
to be required to stand a civil service examination as to qualifi¬ 
cations, the character of examination to be prepared by the 
State prison inspector. 

A bill embodying these suggestions will be submitted tor 

your consideration, and will be attached to this message. 

SPECIAL COUNSEL. 

On April 11th, 1911, I approved an act, which had been 
passed by the Legislature, entitled an act to amend section 
561, of the Code of Alabama. This amendment consisted, in 
part, in giving the Governor power to employ special counsel, 
whenever in his judgment it was expedient or necessary to 
do so, to advise him in his official capacity or to institute, con¬ 
duct or appear in any civil or criminal cause in which the 
State is interested, and provided that such compensation as 
might be agreed upon between the Governor and such special 
counsel, should be paid out of any funds in the treasury, not 
otherwise appropriated, on the auditor’s warrant, drawn on 
the Governor’s certificate. 

Under the authority of this act I employed a number of 
lawyers of the highest professional and personal standing to 
render special and valuable services to the State. They were 
employed to examine the bills passed by the Legislature, and 
sent to me for approval, as to the constitutional validity of 



XCIII 


such bills; they were employed to recover school lands, which 
had been taken from the State under claims of adverse posses¬ 
sion ; to recover of foreign corporations, doing business in this 
State, the licenses and dues required by law; they were em¬ 
ployed to prosecute murderers who had instituted a reign of 
terror in certain parts of Alabama, and to render many other 
valuable and necessary services, which the office of the attor- 
ney general could not render on account of its force being ful¬ 
ly occupied with the regular duties of that department. 

Through the services rendered by these gentlemeen, a 
large sum of money has been put into the treasury, viz: about 
$100,000.00. Many acres of school lands have been recovered; 
practically every bill passed by the last Legislature has been 
held valid against attack, instead of large numbers of them 
being declared unconstitutional as in other administrations; 
law and order has been re-established and violators of the law 
brought to justice; the executive office has been greatly aided 
in the discharge of the delicate and important duties pertain¬ 
ing to it, and the whole State benefited in a large degree by 
the services rendered by these gentlemen. In every instance 
they have, in asking compensation, fixed a much smaller sum 
than they would have been justified in charging a private 
client. 

Since these services were rendered, or contracted for, the 
Supreme Court has held the act under which they were em¬ 
ployed to be unconstitutional because the title of the act did 
not clearly express the subject. 

There was never any doubt of the right of the Legislature 
to pass such an act, but the holding of the court was that it 
was technically insufficient. Under this decision of the court 
these gentlemen cannot collect for services rendered but not 
paid for, and will also have to return the money paid them, 
unless you ratify the actions of the Governor, auditor and 
treasurer done under the supposed authority of this act. 

I need not say to you that it would put this State in a 
shameful attitude to have these gentlemen, at much sacrifice 
and expense to themselves, render these services, by which the 
whole State was greatly benefited, and then have the State take 
back the money paid them, refuse to pay them the value of 
their services, because the act, under which in good faith they 
were employed, and under which in good faith they rendered 
these valuable services, was held unconstitutional on a tech¬ 
nical point. 



XCIV 


I earnestly recommend that for the good name of the State 
and as a matter of elementary justice, that you promptly pass 
such remedial legislation as will secure them in the possession 
of such money as has been already paid them, and insure their 
compensation for services rendered and being rendered, for 
which they have received nothing. 

CONFEDERATE PENSIONS. 

It was recognized by the last Legislature that a reform of 
the laws in reference to Confederate pensions by which an 
economical and just distribution of the pension fund could be 
secured and the list purged of all fraudulent and unfounded 
claims, was absolutely essential. A statute was accordingly 
enacted at the session of 1911 revising and amending our pen¬ 
sion laws, permitting pensions to be granted to all soldiers who 
did not own real or personal property in excess of two thou¬ 
sand dollars and making it the duties of the grand juries of 
the several counties to investigate and scrutinize the pension 
lists and purge it of those who were under the law not enti¬ 
tled to pensions. I believed at the time that this law would 
prove ineffective and urged the committee having in charge 
the consideration of the bill, to establish a State pension exami¬ 
ner, whose duty it would be to constantly investigate and 
purge the lists of those who were not entitled under the law 
to draw pensions. After nearly four years operation I have 
been unable to learn of but two instances in which a name was 
struck from the pension list by any action of any county grand 
jury. The method of securing proper investigations through 
grand juries having proved utterly ineffective, the State board 
of pension examiners at its regular meeting in August, 1913, 
after full discussion of the question with myself, the attor¬ 
ney general and other eminent counsel, considered the best 
method of purging the pension rolls. This duty could have 
been performed by the State pension board, if they could have 
remained in session continuously, but unfortunately the law 
only allowed them compensation for fifteen days services in 
each fiscal year. The board therefore passed a resolution, 
which was approved by myself, to appoint one of its members 
as a committee to take the testimony, both record and oral, in 
the case of every pensioner who wms charged with ineligibility 
to draw pensions for any cause whatever and report his find¬ 
ings on each case to the board at a special meeting to be after¬ 
wards called by the Governor. This method was pursued and 



xcv 


five special meetings of the board have been held in pursuance 
thereof. The duties of the committee may be likened to those 
of a master in chancery, who reports his findings both of law 
and fact to the court, the court either amending, confirming 
or wholly disapproving his findings. F. S. Ferguson, Esq., a 
member of the board, was appointed to undertake the work, 
and was deemed fully qualified to perform the duties imposed 
upon him, he being a lawyer by profession, a wellknown Con¬ 
federate Veteran and familiar with the military history of the 
State.. There being no special fund provided by law to main¬ 
tain him at the Capitol, where he would have easy access to 
the records during the investigation, I agreed to pay him such 
reasonable compensation as T could spare from the Governor’s 
Contingent Fund. 

In April, 1913, I detailed one of the examiners of public ac¬ 
counts to proceed to Washington and examine the Confederate 
muster rolls in the war department, and also the Union rec¬ 
ords, as they are called, of all Confederate soldiers and sailors 
as far as those records related to them. 

At the time of the passage of the resolution by the State 
board above referred to, this examiner had already sent me 
quite a number of reports on the pensioners of certain coun¬ 
ties. On the 20th of August, 1913, the committee above men¬ 
tioned, entered upon its duties, and sent by mail to the probate 
judges of the counties, citations of each of the pensions who 
were charged with ineligibility, stating in what particular that 
ineligibility consisted and notifying him that he had twenty 
days from the date of the mailing of that circular to make an¬ 
swer thereto and make good his claims to a pension. It was ex¬ 
plained to the probate judges that the twenty day rule there¬ 
in indicated was directory only and that if for any reason a 
pensioner could not answer within that time he could answer 
in a reasonable time thereafter, when he obtained the neces¬ 
sary testimony. In very few instances did the pensioners fail 
to receive a citation intended for them and mailed to them and 
when one did fail to receive it, the case was reopened as soon 
as made known to the committee. As soon as the citations had 
been answered, I called the State board of pension examiners 
into special session, and the committee made report on each 
case to the board, which examined the facts stated by the com¬ 
mittee and acted promptly thereon, either by striking the pen¬ 
sioner from the roll or retaining him thereon, or for good and 
sufficient reasons continuing his case. There have been five 
special sessions of the board held under this proceeding. In 



XCV1 


December, 1913, April, 1914, June, 1914, September, 1914, and 
December, 1914, special meetings were held and special reports 
of the board were immediately made to me and they are a rec¬ 
ord in my office. 

The following table will show the condition of the pension 
roll on the first of October, 1913, and this condition immedi¬ 
ately after the special meeting of the board as above stated: 

Comparative Statement Showing the Distribution of the 
Pension Fund Since October 1st, 1913, up to and 
Including the January Distribution of 1915. 


October 1st, 1913: 

1st Class 

1,211 

January 1st, 1914: 

1,182 

April 1st, 1914' 
1,129 


■d Class 

3d Class 

4,246 

11,985 

4,188 

11,503 

4,091 

10,872 


Total Amount 

17,442 $306,955.00 

16,873 $297,358.00 

16,092 $283,997.00 


July 1st, 1914 —45% of regular distribution: 

1,114 4,020 10,283 15,417 

October 1st, 1914: 

1,101 4,118 

10,103 

15,322 

January 1st, 1915: 

1,093 4,092 

9,688 

14,873 


$122,750.10 

$271,533.00 

$264,173.00 


Showing a decrease in the number of pensioners for the last 
five quarters of 2,549—and a decrease in the amount paid, 
$169,848.00. 

It will be seen by a comparison of these statements that 
there were on the roll on the first of October, 1913, 17,442 pen¬ 
sions of all classes, and that after the special meeting of the 
board in December, 1914, there were 14,873. It will also be 
seen by a similar comparison, that the first quarterly payment 
made to the pensioners of all classes on the first of October, 
1913, was $306,955.00, and that the quarterly payment made 
to the pensioners on January 1st, 1915, was $264,173.00 

The main causes for which pensioners were stricken from 
the rolls were desertion, and for this worst of military ciimes, 



XCVII 


six hundred and five have been stricken from the rolls up to 
the last report of the board to the Governor. There remains 
yet to be examined, the pensions for twelve counties, beginning 
with Morgan and running alphabetically down the roll to and 
including Tuscaloosa county. In these counties, no examina¬ 
tion has been made, but citations have been issued to pension¬ 
ers in those counties whose records are not up to the legal 
standard. The six hundred and five desertions above referred 
to being from the counties other than these twelve. The next 
cause was having served in the home guard of this or other 
States and not in the Confederate Army or Navy. The law of 
1911 and all previous laws provided pensions for the soldiers 
or sailors of the Confederate .Army or Navy, who had served 
well and faithfully during the War of 1861-65, except widows 
of such soldiers and sailors up to their death. The home guard 
of Alabama was created by tlie act of the Legislature of August 
29th, 1863, and was composed of men who were by law exempt¬ 
ed from services in the Confederate Army and by what process 
of reasoning it was ever found that a member of the home! 
guard could be a Confederate soldier was beyond the compre¬ 
hension of the State board of pensions and the eminent law¬ 
yers who advised them. The next cause were of widows who 
failed in their applications to state the names of their husbands 
or their military services. It must be borne in mind that a 
military service rendered faithfully and proven according to 
law, is the only basis of pension in this State. Much complaint 
has been made of the action of the board in this very interest¬ 
ing class of pensioners but poverty is merely a secondary con¬ 
sideration in the granting of a pension. 

At the special meeting of the board in December, 1913, they 
passed a resolution adding to the duties of its committee the 
further duty of hearing applications for reinstatement of those 
pensioners who had been stricken from the rolls, the commit¬ 
tee being given full power to restore pensioners to the roll in 
case the pensioner by legal evidence established his right to be 
restored. From the large number of pensioners stricken from 
the rolls about four hundred have made application for rehear¬ 
ing and reinstatement. Of that number two hundred and sev¬ 
enty-nine have been restored to the rolls by the committee. 
About fifty of the applications have been refused and the bal¬ 
ance remain on the rehearing roll of the committee undisposed 
of. Following the most liberal interpretation of the law, the 
committee and the board approving his action, has indulged 
every reasonable doubt in favor of the pensioner in all cases, 

4 GA 



XCVIII 


even including those charged with desertion, and it has taken 
'pleasure in restoring to the rolls any who have been stricken 
by mistake or error or through misfortune of the pensioner. 

In the course of this investigation it was discovered that 
quite a number of negroes had been enrolled as pensioners with¬ 
out any authority of law whatever. Of course they were strick¬ 
en from the rolls. It was also found that a small number on 
the Alabama roll were also on the United States Pension Roll. 
It further developed that a small number of widows who had 
been stricken from the Alabama rolls because it was found 
their husbands were reserters, applied for and obtained a pen¬ 
sion from the United States because the same husband had 
served faithfully in the United. States Army after deserting 
the Confederacy. 

It is a well known historical fact that the Confederate 
States had enrolled in its army from the beginning to the end 
of the war not exceeding seven hundred thousand men. These 
men came from Maryland, Kentucky, Mississippi, Arkansas 
and all the balance of the States south of that line and it is 
reasonable to suppose that fifty thousand was the utmost limit 
of tin* soldiers furnished by Alabama to the Confederacy. At 
first sight it strikes the inquiring mind as clearly excessive 
when we see nearly fifty years after the close of the war that 
there arc 1 17,442 on the pension rolls of Alabama out of the 
fifty thousand men sent to the army. It is true that eligible 
veterans have come into Alabama from other States but it is 
also true that a larger number have emigrated from Alabama 
to other states. 

It will be observed that the laws of Alabama provide that 
any resident citizen of this State who served in the military 
service of this State or the Confederate States and who did 
not desert and who does not own any property in excess, of 
two thousand dollars is entitled to a pension. There is no lim¬ 
itation in our laws as to the number of days or years necessary 
to constitute residence. A soldier from any other State can 
move into Alabama and in twenty-four hours become a resident 
and entitled to draw from the State treasury a pension, if he 
is shown to be otherwise qualified. The laws of every other 
Southern State require a residence of from two to eight years 
before a pensioner can file his application. Another objection 
to the law as it now stands, is that a person entirely eligible 
and worthy to be pensioned, has to wait for twelve months be¬ 
fore he can have his application heard and determined by the 
State board of pension examiners, which is the only agency 



XCIX 


authorized to grant a pension. Another objection is that under 
the present law, there are at least seven different agencies 
which have more or less to do with the administration of the 
pension fund, not two of which are correlated in any manner 
or owe any cooperation, obedience or respect to the actions of 
the other. Indeed, there is no power provided by law to super¬ 
vise the administration of the pension fund. Another objection 
is that none of these agencies is authorized or required specifi¬ 
cally to report the deaths of pensioners and in August, 1914, 
the committee of the State board above referred to sent a 
special letter to the probate judges of the State calling their 
attention to their failure to promptly report the death of pen¬ 
sioners, and in reply to that circular letter in less than two 
weeks, the probate judges of forty-seven counties reported near¬ 
ly six hundred deaths of pensioners, which had occurred from 
two to six years prior to the date of that letter. Warrants for 
these pensioners who were shown to be dead, had nevertheless 
been regularly issued since the date of their deaths and the 
proceeds of these warrants received and converted to the use 
of some person unknown and unauthorized by law to receive 
the pension, amounting in the aggregate to about $40,000. 

The loss to the pension fund shown bv this single item of 
investigation being at least $40,000 per annum. 

The money appropriated by the State for Confederate pen¬ 
sioners, is a sacred fund which should be paid only to those 
ay ho tendered actual and faithful services to the State or the 
Confederacy during the War between the States. Any pay¬ 
ment of this fund to those who deserted the Confederacy in 
its hour of need, to those who are not eligible bv law, simplv 
results in lessening the amount which should be received bv 
those who were faithful and worthy. 

It is evidently the purpose of the people of this State, as 
far as the resources of the State will permit, to extend this 
bounty to our brave and faithful soldiers and their widows. No 
correction of the abuses which no\\ r exist, no prevention of the 
fraud which has been shown in the pension rolls, is possible 
unless there is a complete, radical and thorough revision of 
the present pension laws and an authority provided by which 
constant and vigilant supervision can be secured. 

I therefore most earnestly recommend the passage of a bill 
creating a department of pensions, to be managed and controll¬ 
ed by a commissioner of pensions, as is done in every other 
State that composed the Southern Confederacy. 



c 


It should, be remembered that the pension department ex¬ 
pends more of the public moneys than any other department of 
the State government except the educational department under 
the one mill tax now provided by law. $525,000 was received 
during the last fiscal year, and with special appropriations the 
entire pension disbursements for the last fiscal year amounted 
to nearly a million dollars. 

The cost of maintaining the pension department should be 
borne from the pension fund itself and not be made an addi¬ 
tional burden upon the State treasury. 

I therefore submit for your consideration a bill to remedy 
the evil which now exists and to which your attention has been 
called in this message, and which in my judgment will secure 
not only a more efficient and economical administration of the 
pension fund but will largely close the door to fraud and se¬ 
cure to the bona fide beneficiaries of the pension fund, the 
money to which they are entitled. 

This bill is the result of the experience of myself, the attor¬ 
ney general and the State board of pension examiners, was 
carefully prepared and for it I invoke your careful considera¬ 
tion. 


THE UNIVERSITY OF ALABAMA. 

Every patriotic citizen rejoices in the national recognition 
that has come to the University of Alabama. Its high stand¬ 
ards justly entitle the institution to the high reputation it has 
achieved. It is our foremost seat of learning. It is the su¬ 
preme expression of the intellectual life of the commonwealth. 

It is a remarkable fact that the University of Alabama, in 
spite of every handicap, has taken its place among the great 
colleges of the country. When it is considered that other Amer¬ 
ican commonwealths, whose population and assessed valuation 
of property are fifty per cent smaller than that of Alabama, 
are supporting their universities with far greater liberality, 
we face a situation that demands our most serious considera¬ 
tion. We cannot afford to permit the institution that stands 
in the forefront of our life, the head of our public school sys¬ 
tem, to take any backward step. We should definitely provide 
for its continued growth and efficiency. 

The University of Alabama is charged with the great task 
of fashioning the educational ideals of our people. Its needs 
are many and urgent. It cannot maintain the high position 
which it has attained unless it is given additional support. 
That is a fact which must be faced with courage. 



Cl 


Investigation will show that the University of Alabama, 
owing to the meagre financial support given it by the Legisla¬ 
ture, is unable to engage in extension work which is today rec¬ 
ognized as an essential factor in a modern university pro¬ 
gramme. The problems is acute. It is an outstanding fact 
that other progressive American States have met this situa¬ 
tion. Shall Alabama refuse to provide the means necessary to 
enable our university to perform a function that is universallv 
recognized as essential? 

Xo institution in the country is being administered in a 
more economical and efficient way. The per capita cost of in¬ 
struction is smaller than in anv State university of the coun¬ 
try. 

The student body is today practically twice as large as it 
v as three years ago, while the appropriations remain unchang¬ 
ed. Xo one need be surprised, therefore, that the trustees have 
felt constrained to present in an earnest and urgent way the 
pressing needs of the institution. 

Undoubtedly, the time has come when we should frankly 
face the fact that something definite should be done to help 
forward the progressive growth of our great State school. “We 
should deal with it,” as President Denny has urged, “not in 
the spirit of the man who is doling out charity, but in the spirit 
of the man who is increasing his noblest investment.” It is 
easy to halt progress. It is far more difficult to set in motion 
an era of progress. The Legislature alone can decide whether 
it is an economy to sacrifice progress already made. On this 
decision rests the destiny of the institution in this generation. 

Many of our foremost jurists, clergymen, planters, lawyers, 
bankers, physicians, business men, engineers, merchants, teach¬ 
ers, manufacturers—men and women engaged in every worthy 
occupation—have gotton their training in this historic insti¬ 
tution, which is patronized by all classes of our population. 
Xo thinking man will fail to respond to this strong sentiment 
expressed by President Denny in a recent public statement: 
“It is of infinitely greater importance to the average man in 
moderate circumstances than it is to the well-to-do man, that 
the commonwealth shall maintain a standard State university. 
The reason is obvious. The well-to-do man is able, if he so 
elects, to send his son or daughter a thousand miles away from 
home in order to secure standard college training. On the 
other hand, the one opportunity available to the average man 
in moderate circumstances is to secure such advantages at his 
own State university, which is within easy reach of his home, 
and open to his son or daughter, free of tuition charge.” 



CII 


GOOD ROADS* 

Coincident with the establishment of a highway commis¬ 
sion, at the beginning of my administration, there commenced 
in Alabama an era of road-building without precedent in the 
history of the State. 

The reports of the State highway commission show that the 
State has expended for the construction of good roads, to date, 
the sum of $397,868.07. The reports also show that the State 
and counties have expended on roads and bridges since the 
organization of the highway department the sum of $0,300,- 
000 . 00 . 

On the first of March, 1911, the number of miles of improv¬ 
ed roads in Alabama was three thousand seven hundred and 
eighty miles. The number of miles on April 1st, 1914, was five 
thousand seven hundred and seventy-two and 39/100ths miles. 
Under the law, no money can be drawn from the State fund 
by any county until there is appropriated, or made available, 
a sum of money equal to the amount drawn from the State 
road fund. This money can only be expended for improve¬ 
ments of a permanent nature, upon a main traveled road or 
highway and must be of public utility and convenience. The 
plan, therefore, provided by the State highway law, by which 
sections of permanent highways are constructed in different 
counties, under the supervision of the State highway commis¬ 
sion, has furnished to the people of each county, object les¬ 
sons in the construction of good roads by the best and most 
improved scientific and engineering methods. This policy of 
State aid to counties was necessary in the beginning of our 
highway improvement. The effect of the law has been to stim¬ 
ulate a sentiment for good roads so strong and overpowering 
as to force bond issues and secure speedy action in the different 
counties of Alabama, looking to the improvement of our roads. 
I am convinced that no other system Avould have as effectively 
stimulated sentiment in favor of good roads as the provisions 
of the law creating the State highway commission. Now that 
the law has accomplished the chief purpose we desired, the 
next step we should take is to carry out the provision, by adopt¬ 
ing a system of main highways or trunk roads, to be improved 
and maintained at the joint expense of the State and counties. 
When the location of the main trunk lines, as recommended by 
the State highway commission, has been adopted, I would rec¬ 
ommend that the present law be so amended as to require that 
all the appropriations now made by the State, should be ex 



cm 


pended, with proper cooperation on the part of the counties 
which are intersected, by the construction of these main trunk 
lines. 

I therefore reeommend that you locate a system of trunk 
lines and make proper appropriations for their construction, 
improvement and maintenance. 

EXPERIENCE OF OTHER STATES. 

In any permanent system of highway construction, the ex¬ 
perience of those States which have been most successful, ad¬ 
monish us, that we must by State aid construct roads that 
start somewhere and end somewhere. 

I believe that when these main trunk lines are undertaken 
and completed that the lateral branches will immediately fol¬ 
low. 

The money which the State has heretofore expended in each 
county has accomplished its purpose. From this time forward 
a system of trunk roads should be adopted and the moneys of 
the State expended for their construction. If the present pol¬ 
icy is longer continued, every county in the State will be dotted 
with short lines of improved roads, commencing nowhere and 
ending nowhere. 

This was the criticism made upon the system which for¬ 
merly prevailed in Michigan and which was a system similar 
to the one which now exists in Alabama. “Michigan had hun¬ 
dreds of miles of roads, beginning nowhere and ending no¬ 
where, until it looked from the map as if that State had a sort 
of road small-pox.” 

It is no answer to say that the farmer should have a road 
from his farm to the county seat. We all recognize that it is 
impossible for the State to improve every road in every county 
in Alabama. When the government undertook to construct the 
great transcontinental systems of railroads, it did not stop 
at the boundary of any State, but traversed the continent. 
When the trunk lines were completed, lateral branches were 
speedily built. The same results will follow the construction 
of trunk lines of highways in Alabama. When the era of rail¬ 
road building first commenced the same argument now made 
as to highways was made as to railroads. It was claimed that 
the farmers wanted railroads from the farm to the county cen¬ 
ter. It was believed that all that our agricultural interests de¬ 
manded was the construction of short lines of railroads to 
nearby centers of trade. The question has been frequently ask- 



CIV 


ed: “Did the fanners get what they wanted,”—the construc¬ 
tion of short lines of railroads first? We know that, on the con¬ 
trary, the branch railroad came after the trunk lines were com¬ 
pleted. This law of transportation applies as much to our 
highways as to our railroads. A system of highways connect¬ 
ing the principal cities of the State must be furnished by trunk 
lines, giving access to the markets and when the trunk lines 
are constructed short lines which radiate from every county in 
the State and connecting with the trunk lines will be speedily 
built. 

CENTRALIZATION OF AUTHORITY IN ROAD-BUILDING. 

It is now uniformly recognized that in the construction of a 
good roads scientific knowledge, skill and study, are essential. 
Road-making is a science and is now being taught in some of 
the principal institutions of learning in the country. There 
was a time when every commissioners court or board of reve¬ 
nue believed that the county surveyor could lay out a road and 
that it could be properly constructed by men ignorant of the 
fundamental principles of engineering or road-building. That 
day, fortunately, has passed. Under the former system there 
was waste and extravagance, both in labor and money, due to 
ignorance of the proper method of road construction. One of 
the chief purposes accomplished by the creation of the State 
highway commission is centralization of authority and unity 
of action. In improving the present law I would, therefore, 
recommend that no road should be constructed with the public 
money, whether by State or county aid, anywhere in Alabama, 
until proper plans and specifications are prepared by compe¬ 
tent engineers and approved by the engineers of the State high¬ 
way commission and that no road should be constructed in any 
county without the supervision of a trained engineer or ex¬ 
pert roadlmilder. 

It is difficult to calculate the enormous waste in labor, time, 
material and money which has resulted from ignoring the ne¬ 
cessity of this supervision. If a system of good roads is to be 
provided for by the counties of the State, the wealth and popu¬ 
lation of each county must be required to to bear the burden. 
How can this be accomplished? The answer is; this can be ac¬ 
complished only by the issuance of bonds or by a system of 
taxation levied alike upon all the weath and population of the 
county. 

I would suggest the advisability of so amending the Consti¬ 
tution as to grant to each county the option of determining by 



cv 


an election whether a special tax of sufficient amount should 
e Jen led for road-building, an amount sufficient to insure a 
steady policy of road construction. 

As the law now exists, but few counties are able, from their 
revenues, to undertake a proper system of road construction. 

le on } just and equitable method which is now available is 
by the issuance of bonds, the proceeds of which are to be used 
in load construction; these bonds becoming a tax upon the en¬ 
tire wealth of the county and thus equally distributing the bur¬ 
dens of road-building. 

„„ 1 .^commend, however, that a general road law be 
enacted forbidding the issuance of county bonds to be expend- 

, fo ] r !'. oa 1 d bm ! dl11 "’ unl «* the roads to be built are supervised 
by skilled engineers and so constructed that there is some 
guarantee that they will last as long if not longer than the 
periods during which the bonds are to run. In other words, 
the public money should not be expended for road-building un¬ 
less the road is to be so constructed as to be of a durable and 
permanent character. The law should also require that the 
bonds which are issued should be reduced annually, by partial 
payments on the system of amortization, which has been so 
successfully operated in reference to mortgages on real estate 
under the system of rural credits that prevails in other coun¬ 
tries b nder this system of amortization the principal and in- 
terest are both paid by the time the bonds mature. 


WORKING CONVICTS ON THE PUBLIC ROADS. 

There has been considerable agitation in the State in favor 
ot working the State convicts on the public roads. This power, 
however, is denied the State by the expressed provisions of the 
present Constitution. Even, howeved, if this constitutional in¬ 
hibition is removed, we must not forget that the adoption of 
this policy would require an enormous outlay of money 

In our neighboring State of Georgia, an expenditure of 
oiei one million dollars in the purchase of mules and road¬ 
working-machinery, was found necessary even before the policy 
o working convicts on the public roads was undertaken. If 
tie people of Alabama should amend the Constitution and un¬ 
dertake to work the convicts upon the public roads, it would 
be necessary to purchase movable prisons or vans, mules 
teams, and road working machinery and would necessarily re¬ 
quire an expenditure of a vast sum of monev. It w*ould also 
be necessary to supplement the loss of the revenue which the 



CVI 


State now receives from the working of convicts, by additional 
taxation. The question of sanitation, the establishment ot 
camps, the cost of supervision, the loss of revenue and how it 
could be supplemented, selection of roads on which the con¬ 
victs were to he worked, the amount which counties should con¬ 
tribute, would all have to be carefully considered. 

Therefore, if the people should alter the present Constitu¬ 
tion so as to permit the working of State convicts on the pub¬ 
lic roads, in mv judgment, the first step that should be taken 
would be the establishment of a thoroughly competent commis¬ 
sion, whose duty it should be to give careful study and consid¬ 
eration to the cost and advantages that might accrue and then 
submit to the Legislature, for proper action their report and 
recommendations. 

A change so important and far-reaching in the policy ot me 
State, should be wrought out only after careful investigation, 
study and consideration of every phase and aspect of the sum 
ject, and after all available material is completed a report 
could be made upon which legislative action could be intelli¬ 
gently based. . „ , , .. 

I would also recommend that the collection of automobile 
taxes be placed under the control of the State highway com¬ 
mission, that seventy-five per cent of the taxes be paid into the 
State treasury and that twenty-five per cent of the taxes be 
paid to the cities or counties, in proportion to the number ot 
automobiles found in the city or county, with the provision 
that the money so received can only be expended for highways 
in the countyj or streets in the city, such expenditures to be 
made under the supervision of the State highway commission. 

The law should also be so amended as to provide for the im¬ 
position of a penalty where the tax is not paid within the 
time required by law, this penalty to be paid to the officer mak¬ 
ing the collection. . „ , . . „ 

Lv the suggested amendments, the entire fund arising from 
antomobiles would be paid to the State and to the counties and 
cities concerned, without any cost of collection, the costs to be 
borne by the delinquent parties. 

ADVANTAGES OF GOOD ROADS. 

One of the greatest economies resulting from improved 
highways, is the opportunity it furnishes to lessen by concentra¬ 
tion the cost of education and to improve the tone and charac¬ 
ter of our rural schools and rural churches. 



evil 


With good roads the automobile omnibus and other motor 
vehicles will annihilate distance and secure that concentration 
which not only decreases expense, but guarantees better edu¬ 
cational facilities. 

Another important advantage that will follow the construc¬ 
tion of good roads is the encouragement of village and comniu- 
nitv life in rural districts. It will encourage the movement of 
.Lack to the Farm. ’ We must make farm life more attrac¬ 
tive. We cannot overcome the curse of absentee landlordism 
01 check the growth of the tenant system until wo furnish to 
our rural population the same advantages of good roads now 
enjoyed by the dwellers in our cities and towns. 

We must not cease our efforts until the State is traversed 
by great trunk lines of highways, until every county has a sys¬ 
tem of good roads connecting with these highways; until we 
lift rural life from the mud and mire of the old mud road; until 
the home upon the farm is made as attractive as the home in 
the city and until the farmer can go every day of the year to 
the markets of the county and his children enjoy the same ad¬ 
vantages of schools, churches and libraries, possessed by the 
dwellers in towns and cities. 

It has been truly said that the public highway is the only 
system of transportation owned and operated bv the people. 
All the products of each county must sooner or biter pass over 
our dirt roads. 

TV e must not forget that no State can reach any high de¬ 
gree of industrial or commercial progress or agricultural de¬ 
velopment, without an adequate system of improved highwavs. 
Let us avoid the mistakes of the past, enlarge the powers of 
the State highway commission, and secure that unity of action, 
that concentration of power and authority, so essential for 
road development. 

Proper bills carrying out these recommendations will be 
submitted for your consideration. 


STATE BOARD OF CONTROL. 

The charitable and eleemosynary institutions of the State 
are now under the control of separate boards of trustees. 
These trustees receive no compensation except the allowance 
of actual expenses in a few instances. While the local boards 
that govern these various institutions are composed of men and 
women of unimpeachable character and who have unselfishly 
given such time as they deem necessary to the management of 



CVIII 


the affairs of those different institutions, they are all engross¬ 
ed in their private affairs and serve practically without com¬ 
pensation and are therefore unable to give to the management 
of each institution that scrutiny which the best interests of the 
State demands. These boards usually meet at long-varying in¬ 
tervals, are in session but few hours and derive practically all 
the information they obtain from the superintendents in charge 
of these institutions. All expenditures of the public moneys 
are therefore practically controlled by the superintendents or 
managers of these institutions, and under the system which 
now exists, a constant and thorough supervision of their bus¬ 
iness policy and fiscal affairs cannot be expected and is im¬ 
possible of attainment. 

The State is now spending for the State Insane Asylum, 
Tuscaloosa, and Mt. Vernon, for the State School for the Deaf, 
Dumb and mind, at Talladega, for the Alabama Industrial 
School for White Hoys, at East Lake, for the Alabama Reform 
School for Juvenile Negro Lawbreakers, at Mt. Meigs, for the 
Alabama Home of Refuge, at East Lake and for the Confeder¬ 
ate Soldiers Home, at Mountain Creek, the sum of $533,720.77. 

I would therefore earnestly recommend that one central 
board of control, composed of three members, selected by the 
Governor and to be paid an adequate salary, be appointed to 
supersede the present board of trustees or managers, vested 
fully with all their power and authority and should have com¬ 
plete control of these various State institutions. This board 
should be authorized to select all the officers for these institu¬ 
tions, purchase all the supplies that are required, establish 
proper methods of bookkeeping, provide complete inventories 
of all the State’s property and in other words exercise the 
same control and management over these institutions as if 
they were the board of directors of a private corporation. In 
addition, this board of control should be authorized and re¬ 
quired to purchase the supplies for the State normal schools, 
for the State high schools, for the agricultural schools, for the 
county high schools, for the Alabama Girls’ Technical Insti¬ 
tute, as well as all the supplies required by the State Capitol, 
by the entire convict department and for each and every coun¬ 
ty jail in Alabama. In addition the law should provide that 
the State board of control should purchase the supplies of the 
University of Alabama and the Alabama Polytechnic Institute, 
when so requested by the president of those institutions, and 
should also purchase for any other State institution, when so 
directed by the Governor or requested by the manager of the 



CIX 


institution. The low should direct that all the purchases 
should be made upon competitive bids, after proper advertise¬ 
ment, the bids being si warded to the lowest responsible bidder; 
with the provision that they should in emergency purchase not 
to exceed the sum of two hundred and fifty dollars, without 
advertisement and bids. The members of this board should 
also be required to make suitable bonds to guarantee the faith¬ 
ful performance of their duties. 

The bill should provide, that the members of this board 
should be composed of citizens of business experience and ca¬ 
pacity and the salary should be sufficiently large to attract men 
of the very highest ability. 

the creation of such a board, instead of being an expense, 
would result in immense savings to the State. In speaking of 
a similar board recently created in the State of California, Gov- 
( .J' lm Hi ra m Johnson, in his message to the Legislature in 
lJlJ says: “The board of control has more than justified itself. 
In a brief period it has modernized and immensely improved 
the business management of the institutions. It has acquired 
an expei ience now invaluable to the State, which will enable 
it to go forward with its duties in the future with even great- 
er precision than in the past. It has enabled the government 
ot the State to be in immediate touch with the business man¬ 
agement of each particular institution. It has saved the State 
Kindreds of thousands of dollars, has put in operation, where 
possibie, uniform systems of accounting and today the business 
ot the State in its public institutions for the first time in the 
history of the State is being conducted on a business basis ex¬ 
actly as would be desired by any private enterprise.” In speak¬ 
ing of a similar board, Governor Harmon, of Ohio, in his mes¬ 
sage to the Legislature in 1013 stated: “The report of the 
board of control for the fiscal year ending November 13th, 1912 
showed a saving for the State of over five hundred thousand’ 
dollars and this remarkable result wms accomplished without 
impairing the efficiency of the institutions which the board 
contro led. In every State where such a board has been 
created, enormous savings of the public monev has resulted 
and greater efficiency established. It has secured application 
of thorough business principles in the management of the af¬ 
fairs of each institution, proper methods of bookkeeping and 
accounting and a most watchful supervision of the State's 
property. 

I call your attention to the fact that the State Insane Asv- 
lum is now governed by a self-perpetuating board of trustees. 



cx 


composed of private citizens, and on which hoard the State of 
Alabama has no representative. That institution receives each 
quarter about ninety thousand dollars, and this large amount 
can be paid upon the order of the board of trustees without the 
approval of the Governor. 

It will no doubt be claimed that the creation of a State 
board of control would establish new offices and additional ex¬ 
pense upon the State. This argument is unsound. Such a 
board would supersede one-half dozen or more private boards, 
who are unable now to give the State’s business that attention 
which it deserves. Moreover, I urge the establishment of this 
board in the interest of economy, because it would prevent the 
waste of thousands of dollars of the public funds. The expense 
of maintaining the board would be a mere pittance compared 
with the enormous sums which would be saved to the State 
treasury, if the officials selected properly discharged their 
duties. * The experience of every State, where such a board has 
been established, shows that it has resulted in the savings ot 


millions of dollars. 

I therefore most earnestly urge the creation ot such a 
board in the interest not only of economy and efficiency, but ot 
better business management of these important State institu¬ 
tions Such board would centralize authority, would keep 
the Legislature and the Governor fully advised as to the man¬ 
agement of these institutions and would constitute one ot the 
most, important arms of the State government. 

A bill embodying these views will be submitted for your 

consideration. , 

In speaking of the splendid results accomplished bj 
board of control in West Virginia, Governor Glascock, in his 
message to the Legislature on January 13tli, 1913, states. 
“The watchword of this board has been efficiency and economy 
and along these lines they have been eminently successful as 
is evidenced bv the following facts and figures: D,mn £ 
last two vears this board returned to the State treasury $30»,- 
853.68 of moneys that had been appropriated and collected tor 
the use of the institutions under their control and management, 
and during the biennial period ending September 30th, Dio, 
there was returned to the State treasury an unexpected bal¬ 
ance of $304,636.08, making a grand total returned to the State 
treasury of $613,489.76, and in addition to this sum there was 
to the credit of the board on the 30th of September, 1912, $18.) - 
669.19, the moneys that had been collected and appropriated 
but not expended. This board audits all expenditures e oie 



CXI 


they are made. Under the old system of expending moneys 
tluough boards, which met only a few days each year, it was 
impossible to make such audit before expenditures were made. 
It is very evident that this board has saved to the State not 
only thousands of dollars but hundreds of thousands of dol¬ 
lars and at the same time has materially increased the efficien¬ 
cy the management of our State institutions.” 

Governor McCreary, of Kentucky, in his message of Jan¬ 
uary 6th, 1914, in discussing the State board of control of that 
State says: “The plan of a central board of control for the 
management of our charitable institutions instead of local 
boards, as the law previously required, has met with general 
approval and has proved both economical and beneficial.” He 
states that the methods employed in the purchase of supplies 
resulted in great savings to the State, and that while the neces¬ 
sities of life have increased approximately forty per cent in 
the past few years, the patients have been better fed and cloth¬ 
ed, and the board has erected permanent buildings, without in¬ 
creased appropriations from the State. 

An examination of the results which have been accomplish¬ 
ed, by State boards of control, conclusively show that not only 
have they introduced greater business efficiency and manage¬ 
ment and secured large savings of the State’s money by their 
wholesale purchase of supplies, bv auditing the expenditures, 
by careful inventories of the State's property, by proper sys¬ 
tems of bookkeeping, but they have relieved the Legislature of 
the annoyance and confusion of attempting, during the pres¬ 
sure and hurry of a brief legislative session, of determining 
what appropriations should be made for each of our charitable 
institutions, differing as they do in size, purpose, scope and 
surroundings. The Legislatures in those States are no longer 
subjected to importunities from various local boards but se¬ 
cure all the desired information from one centralized board, 
composed of State officials, free from local influences, Avho have 
given all of their time and attention to the management and 
supervision of the States charitable and eleemosynary institu¬ 
tions. Moreover, such boards have corrected many abuses 
which existed in the treatment of the patients and in the in¬ 
sane asylums have not only introduced many forms of amuse¬ 
ments and past-times for the benefit of patients, installing li¬ 
braries, but have eliminated practically every sort of mechan¬ 
ical or medical restraint and have secured more humane treat¬ 
ment for each patient. The welfare of the inmates of the penal 
charitable institutions, wherever such State boards of control 



CXII 


have been created, have not been sacvified in the interest of 
economy, but on the contrary, all the reports unite in stating 
that ali such institutions have been better managed and the 
efficiency of each institution increased. 

If you should establish a State board of control all the mon¬ 
eys now appropriated by the State for the support and main¬ 
tenance of these institutions should be made the maximum 
amount of appropriation, with the provision that any surplus 
that might remain should be returned to the State treasury. 
It should be provided that the expenditure of the appropriation 
should be under the control, direction and supervision of the 
State board of control. If Alabama realizes the results which 
have been obtained in other States, the present appropriations 
will be found to be more than adequate and a very large pro¬ 
portion of the moneys now expended could be returned to the 
State treasury. 


PRIMARY ELECTIONS. 

I renew the recommendations contained in my former mes¬ 
sage for the passage of an effective corrupt practice act, pro¬ 
viding for the compulsory publication in detail, under heavy 
penalties, of the campaign expenses of every candidate for 
public office and of every campaign committee, as well as the 
source of all contributions to campaign funds, and that the 
amounts which candidates for public office be allowed to spend 
be limited. These publications should be made before as well 
as after the primary. 

The present law on the subject is vague, uncertain and ut¬ 
terly ineffective to accomplish the purposes designed. 

The increasing expenses of primaries has become a growing 
evil. If the money to be expended by a candidate is not lim¬ 
ited, the time will soon come when only men of wealth, or men 
who are willing to assume improper obligations can seek pub¬ 
lic office. Under the system as it now exists in Alabama, a 
candidate with limited means, seeking a State office is placed 
at a most serious disadvantage against his more fortunate or 
wealthy competitor. The man of wealth can till every daily 
and weekly paper in the State with lengthy advertisements 
and communications. He can write personal letters to every 
voter in the State, employ an army of stenographers and work¬ 
ers and thus place a competitor with limited means at a most 
serious disadvantage. If the primary system is to remain, it 
should not be permitted to deprive the State of the services of 



CXIII 


men of limited means, who are frequently better qualified for 
the discharge of public office than their wealthy competitors. 
In other words, money should not become the touchstone of 
political success. There should be a limitation upon the 
amount a candidate can spend in advertising in the public 
press. Publicity seems to be regarded as a very essential ele¬ 
ment of success in a primary election, and yet the publicity 
which can be acquired by advertising is so expensive, as to bar 
many men of ordinary means from seeking public office. The 
press of the State have uniformly advocated the primary elec¬ 
tion system, and I am sure their advocacy is not influenced by 
any selfish motives. In some of the Western States, advertis¬ 
ing through the press has been entirely eliminated and a State 
publication substituted. Whether we believe the time has ar¬ 
rived to adopt that method or not, all who have had any ex¬ 
perience in seeking public office and the members of the press 
themselves know, that advertising or communications through 
the public press constitute the most enormous burden now im¬ 
posed upon a candidate by the primary system. Experience 
in Alabama also shows, that the candidate whose name heads 
the alphabetical list has by reason of that fact alone, a very de¬ 
cided advantage. A candidate’s success should not be affected 
by the letter of the alphabet with which his name is commenc¬ 
ed. I therefore recommend that the present law be so amend¬ 
ed as to require the names of candidates to be printed alter¬ 
nately on each ticket, so that the location of the name will 
give no candidate improper advantage or influence the result. 

Another evil under the primary system is known as single 
“shotting.” .Where two or more candidates can be elected for 
the same office, it has become a frequent practice through the 
connivance of a candidate or his friends, to induce the voters 
to mark his name only, omitting any votes for the other can¬ 
didates. It can be readily seen that by this method, the vote 
of the candidate whose name alone is marked, gains a very de¬ 
cided advantage in the count. The remedy adopted in South 
Carolina and some other States, is a provision that where two 
or more candidates are to be selected for the same office, the 
voter must mark the number of candidates entitled to be elect¬ 
ed and his failure to mark all the names, deprives him of a 
vote. 

I further renew the recommendations contained in my for¬ 
mer message, that a method be adopted to prevent the voters 
of one party from participating in nominating candidates for 
another party. A candidate nominated should be the choice of 



CXIV 


a majority of liis own party, and members of the opposing 
party should have no voice in his selection or power to dic¬ 
tate his nomination. The present primary election law on this 
subject is inadequate. I therefore recommend that a manda¬ 
tory provision be made for the enrollment of party voters 
throughout the State and that participation in primary elec¬ 
tions be limited to enrolled party voters, with stringent re¬ 
strictions to prevent fraud. Since the Democratic party re¬ 
sumed control of the State in 1874, a nomination by conven¬ 
tion or primary, has generally been equivalent to an election. 
One objection urged to a primary is that a minority candi¬ 
date is often nominated. Where there are more than two can¬ 
didates for any public office, the division of the vote which 
follows, often results in the nomination of a candidate whom 
the majority of his party would not have willingly nominated. 
Is this objection well founded? 

Under the convention system, which prevailed for many 
years in Alabama, no candidate could be nominated by the 
Democratic Party who did not receive a two-thirds vote of the 
delegates. When the two-thirds vote was abandoned, the ma¬ 
jority vote was substituted. The purpose of the primary is to 
ascertain the candidate who is the choice, not of a minority, 
but a majority of his party. It should not therefore be left to 
the discretion of a State or district or county executive com¬ 
mittee, but all candidates nominated by a party should be re¬ 
quired to receive a majority vote, even if it is necessary to pro¬ 
vide a second or run-off primary or to furnish an opportunity 
in the first primary for an expression as to the second choice. 
Another serious objection to the primary system is the length 
of time it consumes. It has grown to be the custom in Ala¬ 
bama for candidates to announce not only months but years in 
advance of the date of the general election. Recent experience 
in this State shows that for the two most important offices, that 
of Governor and United States Senator, the candidates for the 
nomination announced nearly two years in advance of the date 
of the election. It is true that those who first announced gain¬ 
ed no advantage by their haste but met defeat. Still this ten¬ 
dency to commence campaigns for prominent State offices so 
far in advance of the date of the election, tends to deny the 
people any rest from the turmoil of politics, increases the ex¬ 
penses of the primary and can subserve no public purpose. 
Early primaries too are frequently held through the influence 
or connivance of candidates, who can secure control of party 
machinery solely to subserve selfish purposes, to prevent com- 



cxv 


petition or to gain an improper advantage. I would therefore 
recommend that a date he fixed by law for all party primaries, 
both State and county, to be held on the same date, not more 
than four months before the date of the general election. In 
the case of the nomination of judges, I would recommend that 
a separate primary be held. 

OYSTER COMMISSION. 

In the interest of efficiency and economy, the different de¬ 
partments of the State should, as far as possible, be united and 
coordinated and authority centralized. The State’s oyster 
reefs and beds constitute a valuable public asset and should be 
carefully conserved and made a source of revenue. Under the 
law as it now exists, these oyster reefs and beds are under the 
control of a board known as the Alabama Oyster Commission, 
consisting of three members. The president of this commision 
receives a salary of two thousand dollars per annum and the 
other two members five dollars for each day they are engaged 
in the business of the commission, as well as actual traveling 
expenses. In addition, there is a secretary who receives a sal¬ 
ary of thirteen hundred dollars per annum as well as fifty 
cents for each license issued, in addition to a per diem compen¬ 
sation. There is also a chief deputy commissioner, receiving 
seventy-five dollars per month and an assistant deputy com¬ 
missioner can be employed to receive compensation at the rate 
of sixty dollars per month. All the moneys due the State for 
licenses, the tax on canning factories, are retained by the sec¬ 
retary of the commission and deposited in a bank in Mobile. 
The commission is clothed with power and authority to employ 
competent civil engineers and attorneys, who shall receive such 
compensation as they may fix. All the revenue received by the 
commission have been consumed in its expenses. 

I recommend that every dollar of revenue, from any source 
whatever, accruing to the Alabama oyster commission and all 
the powers and duties now vested in that commission be vested 
in the State game and fish commission, with power to employ 
such deputies, at a salary fixed by the Legislature, as may be 
necessary to properly enforce the law. In my judgment, two 
deputies paid a reasonable salary, could discharge all of the 
duties of the commission and the oyster reefs and beds of the 
State made a source of revenue. 

The present commission have been active in conserving 
these oyster reefs and beds and in making necessary improve- 



CXVI 


ments, but I believe the time lias come when this valuable prop¬ 
erty of the State should become a source of revenue. 

It seems to me that the game and fish commissioner is the 
proper department of the State government which should have 
absolute control and supervision of the oyster reefs and beds, 
which is property belonging to the State of Alabama and not 
to any particular county. 


THE SMITIT-LEVER AGRICULTURAL EXTENSION BILL. 

The measure long discussed and widely known throughout 
the country as the Smith-Lever Agricultural Extension Bill 
became a law May 8, 1914, the official assent of the Governor 
of Alabama being duly given to the Alabama Polytechnic In¬ 
stitute as the proper beneficiary of the provisions of this meas¬ 
ure. The title of the act reads as follows: “An act to provide 
for co-operative agricultural extension work between agricul¬ 
tural colleges in the several states receiving the benefits of 
the Act of Congress approved July 8, 1872, and of acts supple¬ 
mentary thereto, and the United States Department of Agri¬ 
culture.” Every state in the Union assigned the Smitli-Lever 
Fund to its white agricultural college for administration. As 
set forth in the title of the act, the entire scheme is one of co¬ 
operation on the one hand between the United Staes Depart¬ 
ment of Agriculture and on the other hand, the land grant col¬ 
leges of the United States, established under the act of 1862. 

The specific purpose of this work is set forth in section 11 
of the act as follows: “Cooperative Agricultural Extension 
Work shall consist in the giving of instruction and practical 
demonstration in agriculture and home economics to persons 
not attending or resident in said colleges.” 

The fund is administered by the United States Department 
of Agriculture acting through the organization of the colleges. 

The plans adopted by the board of trustees of the college 
include 1, (a) extension of the boys’ corn clubs, (b) girls’ can¬ 
ning clubs, (c) movable schools, (d) field work in agriculture, 
(e) work throughout the State by experts in agriculture, dairy¬ 
ing, silo building, etc., (f) work throughout the State in pro¬ 
moting pig clubs, (g) work throughout the State in promoting 
the raising of beef, (h) cooperative work with the girls tech¬ 
nical institute, Montevallo, (2) cooperation with the farmers’ * 
cooperative demonstration work as now conducted by the board 
of agriculture. 



CXVII 


In this connection it is necessary to note (1) that the col¬ 
lege as a teaching institution is not benefited in any way by 
the measure. Under section 1 it is explicitly directed by the 
law that none of this money shall be spent at the college. In¬ 
deed, the administration of the Smith-Lever Act brings addi¬ 
tional expense to the college and additional labors to the of¬ 
ficers and professors of the agricultural department of the in¬ 
stitution. (2) Under the plans adopted by the board of trus¬ 
tees, ample provision is made for the teaching of the women 
and girls under the head specified as “home economics.” the 
college having appropriated to woman’s work perhaps a larger 
share of the first year’s income than any other state in the 
Union. (3) Provision has been made in these plans for sepa¬ 
rate negro agents for “demonstration” work and for “separate 
movable schools” in extension work. It must be remembered 
that a very large per cent of the agricultural lands in Alabama 
is worked by negro labor. It is therefor of great importance 
that all modern ideas relating to the care and cultivation of 
lands be brought as closely home to our negro citizenship as 
may be possible. We all realize that they are not so alert to 
avail themselves of instruction as is our own race, and it is 
therefore important that special efforts be made, through the 
employment, it may be, of negro demonstration agents, to im¬ 
press upon them the necessity for an improved agricultural 
system and the benefit which they will obtain from instruction 
in agricultural efficiency. 

It is difficult to over-state the possible value of this great 
measure, the Smith-Lever Act, one of the most far-reaching 
pieces of constructive legislation recently enacted in the United 
States, and it is profoundly hoped that our State Legislature 
will be able to measure up to the possibilities of the situation. 
In a word, the purpose of this great scheme is to carry the 
knowledge secured by the agricultural colleges and experiment 
stations of the United States directly to the man and woman 
on the farm. For nearly half a century, highly valuable dis¬ 
coveries have been made by these stations in all lines of agri¬ 
culture, but these valuable discoveries have not been lodged 
with sufficient directness and efficiency among the masses of 
the working people. Much valuable work has been accomplish¬ 
ed under our own State laws, but by the provisions of this 
act the work will be conducted on an infinitely larger scale. 



CXVIII 


FUNDS. 

Section III, the appropriating section of the act provides 
$10,000.00 annually to each state which gives its assent. This 
is a continuous, unconditioned, specific appropriation for each 
year. The additional sums appropriated by the United States 
Government for the next succeeding nine years are allotted to 
the several states on the ratio that the rural population of each 
state bears to the total rural population of the United States 
according to the figures of the United States Department of 
Agriculture, Alabama has 3.58 per cent of the total rural pop¬ 
ulation of the United States, ranking as ninth in the forty-eight 
states. 

In order for a state to secure these additional appropria¬ 
tions from the United States, it is necessary for the Legislature 
to make an appropriation annually for an amount equal to the 
Federal appropriation that would fall to the State each year. 
In case that the appropriations now made by the State farm 
demonstration act are continued, no additional appropriation 
will be necessary for 1915-16 nor for 1916-17 in order to meet 
the Federal grant; but to meet the additional Federal funds 
for 1917-18-19, it will be neeessarv for the State to appropriate 
$20,000.00 for 1918 and $40,000.00 for 1919. 

As before stated, it is highly desirable that these additional 
appropriations shall be made. The present organization for 
extension work among the boys and girls and women in the 
State, and the demonstration work for the adult farmers, is 
one of the foremost in the Union; and certainly, if ever the 
agricultural interests of Alabama needed aid, they do at the 
present time. Nearly ninety per cent of our people draw their 
livelihood from the land, and their prosperity is the basis of 
all prosperity. Many of the most fertile sections of our State 
have been invaded by that terrible pest, the boll weevil, great¬ 
ly reducing the yield of cotton; while the price of the remain¬ 
der is in turn destroyed by the European War. We cannot 
leave these great interests to suffer, nor shall we lie supinely 
on our backs making no effort to overcome our difficulties. 

“For instance, there is a pressing need of systematic atten¬ 
tion to the production of beef animals particularly in the 
South which every year imports almost $50,000,000.00 worth 
of meats, and dairy and poultry products from the North and 
West. And there is amply profitable opportunity in all parts 
of the country for more attention to the smaller animals such 
as poultry and swine. The livestock problem of Alabama is 



CXIX 


not an abstract matter. It touches vitally every home, high 
or humble.” Experiments conducted in connection with the 
department of animal husbandry in the Alabama Polytechnic 
Institute, in raising beef have been declared by the United 
States Department of Agriculture to be of national importance. 
With the great organization perfected under the Smith-Lever 
Bill, it is felt that every hamlet and locality in our State can 
be effectively aided in improving the methods of the farm and 
in bringing about (1) a larger production, (2) better market¬ 
ing, and (3) better living on the farm. 

It affords me unaffected pleasure to congratulate our State 
upon the result accomplished by the State School at Auburn. 
This school has furnished to hundreds, or, I might say, thou¬ 
sands, of the young men of Alabama an equipment which has 
enabled them to promte not only their own personal fortunes 
but the welfare of the world at large. The State can accom¬ 
plish no more effective service than to support with all its pow¬ 
er the excellent work being done by this school. 

workmen's compensation. 

I most earnestly urge the passage of an adequate workmens’ 
compensation law. Laws of this character have their origin 
in an intelligent and enlightened public opinion, which de¬ 
mands that those who are maimed, crippled or killed in the 
production of the country’s wealth and their dependents, shall 
be indemnified by the public, for whom they wrought and by 
the employer who receives the profits of their labor. It is based 
upon the just theory, that all the numerous accidents and in¬ 
juries which necessarily result from modern industry, with 
its never ceasing expanse of machine methods, are as truly 
elements of production as labor or capital, raw material or 
transportation, and the cost of caring for injured workmen 
and their families should be paid in such manner as to enter 
into the price of the products and be paid ultimately by the 
consumer of these products. In other wonds, accidents and 
injuries are necessary charges upon the industry itself, which 
the consuming public must pay. It is recognized as manifest¬ 
ly unjust and unfair, that the entire burden of industrial ac¬ 
cidents should be borne by the workers, who happen to become 
the victims of particular accidents. Twenty-four of the forty- 
eight states of the Union have already adopted compensation 
laws, and practically all others states are now preparing bills 
on this subject to be presented to their next Legislatures. Re- 



cxx 


gardless of the opposition of selfish special interests, the day 
is not far distant when every State in the Union will abandon 
the old antiquated, unjust and unfair methods which now ex¬ 
ist of compensating accidents in industrial enterprises and will 
adopt a workmen’s compensation law. Such laws have already 
been adopted in Great Britain and most of the governments of 
continental Europe. It has been estimated that in the United 
States alone, every year we kill outright 40,000 workmen, crip¬ 
ple 500,000 and injure more or less seriously over two million, 
and that on the basis of average, every laborer will be injured 
at least twice during his life, every second man will be crip¬ 
pled and every twenty-fifth man will be killed. It has been 
stated that during a single year, our loss from this industrial 
carnage, exceeds the casualties of all of our American wars put 
together. There has been marvelous industrial development in 
Alabama and our factories are filled with dangerous machin- 
ery, driven by the powerful forces of nature. We no longer use 
the simple manual tools and appliances of former times and 
yet we still measure the rights of those who suffer from indus¬ 
trial accidents by an antiquated rule, which as applied to 
modern conditions is both unfair and inhumane. The old 
“judge made” defenses, which grew up from the common Jaw, 
such as assumption of risk, fellow servants rule and contribu¬ 
tory negligence, may have been justified when the simple con¬ 
ditions of former times existed, but their application today can 
only work injustice between employer and employee and re¬ 
lieve the employer of all liability in three-fourths of the cases 
that exist. Is it not manifestly unfair to say that under mod¬ 
ern industrial conditions, the workman assumes the risk of his 
occupation, when we know that as a matter of fact he cannot 
bargain with his employer, and is generally in no condition to 
refuse work, because the tools may be unfit or unsafe. If he 
assumes the risk, he has no option to do otherwise. How can 
the workman, with the vast number of employees in modern 
(industry, by any care on his part protect himself from the' 
faults of his fellow-workers. Few of them he personally 
knows, with many of them he never comes in contact and the 
old common law fellow servant rules as well as the doctrine of 
contributory negligence is being discarded in every progressive 
State. 

Under the old system, statistics show that in seven cases 
out of eight the victim remains altogether uncompensated. It 
has been correctly stated that a personal injury suit is “a gam¬ 
ble in which seven loose and the eighth takes all the money.” 



CXXI 


Whore recovery is had, the damages recovered are generally 
either too small or too large. The long delays in recovery, the 
numerous appeals, the vicious system of contingent fees, the 
uncertainty of the amount which may be recovered, makes the 
present system wholly unfitted for modern industrial condi¬ 
tions. Moreover, the workman is frequently in a position 
where he cannot afford to sue, is a victim of ambulance-chasers, 
and the support of himself and his family are frequently made 
a burden upon public charity. Regarding the question from 
the standpoint of the employer as well as society, the objection 
to the present system is that the employer is constantly me¬ 
naced by law suits and the danger of excessive verdicts and the 
necessity of paying large sums for defending suits and insur¬ 
ance premiums. The operation of the law breeds hostility be¬ 
tween employer'and employee and interferes materially with 
the efficiency of industrial organization. Society is in jured on 
account of the gi*eat economic waste in the loss of productive 
labor and the expense of maintaining courts for this charac¬ 
ter of litigation. It has been estimated that in the United 
States, fully one-fifth of the time of courts and juries is taken 
up with this class of litigation, some even to the extent of one- 
third of their time. Certainly in Alabama a very large per¬ 
centage of the cases tried in our courts are suits for personal 
injuries. When we consider the grave economic and social loss 
which results from industrial accidents, the-cripples, the wid¬ 
ows and orphans, the destition and poverty which it creates, 
the low standard of living among our working classes which 
it promotes, the uncertainty of recoveries, the long delays, the 
'unjust verdicts, the tremendous burden which the support 
and maintenance of the victims of these industrial accidents 
impose upon society, it is not remarkable that a just and en¬ 
lightened public sentiment demands the abolition of the old 
system as utterly unfit for our present modern industrial life. 

A large per cent of the appeals which crowd the dockets of 
our courts of last resort are from cases involving personal in¬ 
juries. The employer or the corporation sued, have learned 
that through appeals and long delays, they can frequently gain 
material advantage or force an unfair compromise. It has 
been properly asked by whom should this burden of industrial 
injuries be borne? The answer is not by the wage-earner who 
must endure the pain and suffering the weakest economically, 
or by public charity but by the various branches of industry in 
proportion to the injury which they do. The answer to this 
question I quote from a recent address by a distinguished law- 



CXXII 


yei* who says “Each industry should take care of its own kill¬ 
ed and crippled so that they do not become charges upon the 
public as the result of some industrial accident. “The prin¬ 
ciple of workmen’s compensation, therefore, is that the indus¬ 
try in general should bear the financial burden of industrial 
accidents rather than the workers who happen to be the vic¬ 
tims of particular accidents, and in order to accomplish this 
result it uses the agency of the employer who, in computing 
the cost and fixing the price of his finished product, will in¬ 
clude a sufficient amount to cover compensation.’’ An import¬ 
ant question to determine is whether a statute of this chai’ac- 
ter should be compulsory or elective. If the employer is to be 
given the choice of accepting the act or operating under the 
common law system, the common law defenses which now ex¬ 
ist under the old system should be removed. The courts have 
repeatedly held that these common law defenses can be legally 
abrogated. In any bill which may be adopted, in my judg¬ 
ment, farm labor and domestic servants should be excepted. A 
compensation should be provided for all personal injuries sus¬ 
tained in the course of the employment, no compensation, how¬ 
ever, to be allowed where the injury is occasioned willfully or 
due to intoxication. The act should fix a definite scale of com¬ 
pensation, for the principal purposes of compensation laws is 
to escape the uncertainties of the old system. The settlement 
should be made automatic, and an administrative board for 
this purpose established. Various forms of insurance should 
be authorized, and insurance funds to be maintained by em¬ 
ployers, or by the employers and employees jointly, by mutual 
associations or through authorized accident insurance compa¬ 
nies. One of the most important results following the adop¬ 
tion of compensation acts, is that it increases the use of safety 
appliances and thereby decreases the number of accidents. It 
has been claimed that fifty per cent of our accidents are pre¬ 
ventable. A recent writer on the subject states that in Michi¬ 
gan under compensation, fatal accidents were reduced twenty- 
five per cent and non-fatal thirty-five per cent, that the United 
States Steel Company which employs two hundred thousand 
laboring men reduced" its number of accidents seventy per cent 
in three years. 

Wherever compensation laws have been adopted, not a sin¬ 
gle effort has been made to return to the old system. It is well 
to remember that every effort made to introduce compensation 
laws has met with opposition of powerful and influential inter¬ 
ests, and vet whenever the arguments for compensation laws 



CXXIII 


are properly presented, the verdict of a just and enlightened 
public sentiment has been against the old system, which should 
no longer be tolerated by any progressive State. I therefore 
earnestly urge that you give this question your most careful 
consideration. The passage by this Legislature of a wise com¬ 
pensation law, would stimulate our industrial activity and 
would alone justify the cost of this session of the Legislature. 
No question for your consideration is more important or de¬ 
serves more careful study, and as to which there is more im¬ 
perative demand for legislative action. 

RURAL CREDITS. 

Our entire commercial banking system was organized solely 
in the interest of the commercial classes, and is not adapted to 
supplying the annually occurring needs of our farmers. Owing 
to this absence of proper banking facilities, the farmer has 
been compelled to apply to land brokers, merchants and private 
individuals for that capital which the legitimate conduct of 
his business require, and to pay not only heavy commissions 
but usually exorbitant interest. The necessary result has been 
that agriculture, which constitutes the chief source of our 
wealth and the most important occupation in which our peo¬ 
ple are engaged, is denied that credit so generously accorded 
to our manufacturers and merchants, corporate and other bus¬ 
iness enterprises. It is not surprising, therefore, that through 
this lack of credit and banking facilities, that agricultural de¬ 
velopment has been cheeked. Many visionary and impractical 
schemes were proposed to remedy this injustice—direct loans 
on farm products, and other remedies which violated funda¬ 
mental economic and governmental theories. It was only dur¬ 
ing late years that legislation, practical in its character and 
which sought to furnish our farmers needed banking facilities 
and easy access to the money markets, was seriously under¬ 
taken. The new currency law has to some extent provided for 
the needs of the farmers. It repealed the old law prohibiting 
loans on real estate, yet when we recall that these reforms will 
only make available the use of some two hundred and fifty mil¬ 
lion dollars to the farmers of the nation, who already owe some¬ 
thing like six billion dollars, on which they are paying twice 
us much interest as they ought to pay, it will be readily seen 
that the problem still remains unsolved. What then is the 
remedy? Can it be found in amending our present banking 
system? Those who have given most careful thought and 



CXXIV 


study to the subject unite in the opinion that it is not through 
a system of commercial hanks, but only by the introduction 
into this country of the agricultural credit system in operation 
in most of the countries in Europe, can adequate relief be 
found. During the last years of the administration of Presi¬ 
dent Taft, he directed the Department of State, through its dip¬ 
lomatic officers in Europe, to make an investigation of the 
agricultural credit systems in operation in Europe, and these 
instructions were supplemented by the American Bankers Ac- 
sociation, the Southern Commercial Congress, and other or¬ 
ganizations, with the result that a vast mass of valuable in¬ 
formation and knowledge were furnished the country as to the 
methods adopted in foreign lands to so extend their agricultur¬ 
al credit facilities as to make them equal to those enjoyed by 
other industrial and commercial organizations. Mr. Taft ad¬ 
dressed a letter to the Governors, and the subject of rural cred¬ 
its was made a part of the program at the Governor’s Confer¬ 
ence at Richmond, Virginia, in 1912, and the executive com¬ 
mittee of that body did me the honor to select me to deliver an 
address on the subject. 

The pressing need for remedial legislation and action was 
very clearly summed up by President Taft, when he stated in 
his letter to the Governors: “The twelve millions of farmers 
in the United States add each year to the national wealth eight 
billions, four hundred million of dollars. They are doing this 
on a borrowed capital of six billion and forty million dollars. 
On this sum they pay interest charges of five hundred and ten 
millions. Counting commission and renewal charges, the in¬ 
terest rate paid by the farmers of this country is eight and one- 
half per cent, compared to a rate of three to four and one-half 
per cent paid by the farmers for instance in France and Ger¬ 
many.” 

One of the results of this agitation in favor of agricultural 
finance or rural credits, was that the three great political par¬ 
ties in their platforms in 1912 fully indorsed the movement, 
and demanded enactment of suitable legislation to carry it into 
operation. A commission appointed by the different states a#T 
the different provinces of Canada, known as the American Com¬ 
mission, and a commission appointed by the President of the 
United States, known as the United States Commission, visited 
Europe and make an exhaustive investigation and study in 
those countries of co-operative land mortgage banks and co¬ 
operative rural credit unions. Since their return these com¬ 
missions have published a large mass of valuable information 



cxxv 


which they obtained as a result of their investigation and their 
reports and recommendations were made public documents, 
and contained the most exhaustive discussion of this subject 
yet compiled. In their report, the United States Commission 
embodied their views and recommendations in a bill which was 
introduced in the House by Mr. Moss, of Indiana, and in the 
Senate by Mr. Fletcher, of Florida. Tlii s commission, as well 
as the American Commission, discussed the two forms of agri¬ 
cultural credit, known as long-term or land mortgage credit 
and short-term or personal credit. Of these two systems of 
credit, long-term, or land-mortgage credit, was necessarily bas¬ 
ed on security of land owned by the farmer; short-term or per¬ 
sonal credit was to provide for the farmers annually occur¬ 
ring requirements in money to finance his operations, while 
his crops were being produced, embracing his needs for pre¬ 
paring his lands, sowing, cultivating and harvesting his crops. 
In the report which was submitted by the United States Com¬ 
mission, they stated that the development of a system of farm 
land banks was the primary and most important step to be 
taken to improve agricultural credit conditions, and naturally 
preceded the development of personal credit. They stated that 
the history of European experiments had show that the land 
mortgage banks preceded the personal credit banks. They de¬ 
clared that it was urgently necessary to create a land mortgage 
security, which should be entirely 'liquid by reason of having 
a ready market, which, to use their own language, “Will run 
for a long time, which can be paid off in small annual or semi¬ 
annual installments, and which will enable the landowning far¬ 
mer to use most advantageously his best banking asset, land, 
as the basis of credit.” 

PROGRESS OF CONGRESSIONAL LEGISLATION. 

In the address of the President of the United States, de¬ 
livered to the joint houses of the Congress, on December 2nd, 
1913, he called attention to what he termed was the urgent ne¬ 
cessity that special provision be made for facilitating the cred¬ 
its needed by the farmers of the country. Following the Presi¬ 
dent’s message, a sub-committee of the Committee on Banking 
and Currency, both of the House and Senate, known as the 
Sub-Committee on Rural Credits, has been engaged in conduct¬ 
ing an investigation of the subject, have examined a large num¬ 
ber of witnesses, and their hearings have been printed. The 
sub-committee on rural credits of the House and Senate, held 



CXXVI 


joint hearing's and finally reported the Hollis-13ulkley Mill, 
which was referred to the Committee on Banking and Currency, 
and since which time no further action has been taken. The 
Hollis Bulkley Bill embraces the principal features of the Moss- 
Fletcher BillJ with some changes with respect to administra¬ 
tion, placing the system of agricultural finance under the con¬ 
trol of the Federal Reserve Board. This bill deals only with 
land-mortgage banks. The chief cause of the delay in the pas¬ 
sage of the Hollis-Bulkley Bill, was that it undertook to require 
the government to furnish aid to the banks which it established. 

STATE OF FEDERAL INCORPORATION. 

An important question which first confronted the t nited 
States commission, as well as the sub-committee on banking 
and currency, was whether land mortgage banks should be in¬ 
corporated by the states or the federal government. While 
there was some difference of opinion, the conclusion was finally 
reached that the banks proposed to be established should be 
incorporated by the federal government. The bill offered by 
Senator Fletcher, the essential features of which were retained 
by the Hollis-Bulkley Bill, provides for the creation of a com¬ 
missioner of farm land banks. It provides for the incorpora¬ 
tion of national farm land banks, the capital stock of each 
bank to be not less than ten thousand dollars. It also provides 
that existing land mortgage companies and other similar insti¬ 
tutions, including building loan associations or savings loan 
associations lending exclusively on farm mortgages now incor¬ 
porated under the laws of any State, will become national farm 
land banks, upon complying with certain requirements. 

REASONS FOR FEDERAL INCORPORATION. 

The United States commission and the American commis¬ 
sion, as well as the sub-committee on banking, recognized that 
mortgage credits necessarily dealt with lands and that the lavs 
affecting lands are State laws and under State control and 
vary in the forty-eight different states of the Union. If the 
laws of the State governing conveyancing, registration, foreclo¬ 
sure, taxation, exemptions, and other subjects relating particu¬ 
larly to land, were uniform in the forty-eight States of the 
Union, incorporation under State laws would have been pref¬ 
erable, but no such uniformity exists, and the conclusion was 
therefore reached that through federal incorporation of farm 



CXXVII 


land banks, uniformity of legislation could be secured. As the 
states control the laws in reference to lands, the question natur¬ 
ally arose as to how federal incorporation of farm land banks 
under national charters, could secure uniformity of State legis¬ 
lation. The answer to this question was found in the provision 
of the bill, that State farm land banks could not enjoy the privi¬ 
leges and advantages vested in the federal land banks until the 
states had passed certain laws and regulations looking toward 
uniformity, and looking towards simplification of laws regard¬ 
ing land titles. Both the Moss-Fletcher bill and the Hollis- 
Bulkley bill provide that State farm land banks cannot be incor¬ 
porated under the federal laws or enjoy the privileges or advan¬ 
tages which such charters confer, without first securing State 
legislation simplifying registration of title, foreclosure of mort¬ 
gages, abolition of taxation on mortgages and other essential 
requirements, tending to uniformity and efficiency. Under the 
provisions of the bills mentioned, the commissioner of farm 
land banks, an office created by the several bills, is given the 
power to make general rules and regulations, with the approval 
of the secretary of the treasury, extending the privileges of 
certain of them only to farm land banks located in states which 
pass laws and regulations looking towards uniformity in cer¬ 
tain essential particulars, to States which have done away with 
exemptions as regards farm land loans—which have simplified 
methods of registration, conveyance and foreclosure, and other 
banks in the states which have made national land bank bonds 
available as a local investment, for the funds of savings banks 
operating in that State, for trust funds under the control of 
the courts of the State or local investments for reserves of 
insurance companies operating under the laws of that State. 
W ith the passage of laws of this character, it was believed that 
national land bank bonds would become a recognized and au¬ 
thorized investment for funds accumulated in states savings 
banks, in the reserves of insurance companies, in the savings 
bank department of the national banks and in the postal sav¬ 
ings banks, and be vested with all features of a security of the 
highest class, thereby giving the farmer access to the greatest 
accumulation of capital in the country. 

I fully indorse these views. I believe that while the States 
may proceed independently to incorporate farm land banks, 
that a general law on the lines suggested by the United States 
commission and outlined in the Moss-Fletcher bill should be 
adopted by the federal government and that it would tend to 
secure greater uniformity and harmony in the laws of the 



CXXVIII 


States, ob the subject, and standardize and simplify farm land 
mortgages. 

Federal incorporation, therefore, of farm land banks, with 
the provisions suggested, will tend to secure uniformity in State 
laws relating to land—will encourage a wider and more general 
use of farm land bonds, will simplify methods of procedure, 
will secure more general confidence in the value of such securi¬ 
ties, will accomplish the chief purpose of mortgage credit by 
making the farm lands of the nation a liquid asset, and enabling 
the farmer to easily make his credit available and command the 
necessary capital for the conduct and expansion of his farming 
operations. 

I am confident that such a bill will be enacted at the next 
session of the Congress, but if Alabama is to enjoy the benefits 
from such legislation it is necessary that certain important 
reforms should be made in our existing land laws. What are 
these reforms? 

One of the chief purposes in establishing a national system 
of farm land banks is to obtain from loans on real estate the 
lowest possible rate of interest. In European countries, where 
land mortgage hanks have been so successfully operated and 
where the farmers have secured the very lowest possible rate of 
interest,, these securities are absolutely free from taxation. 

The American commission, the United States commission 
and all authorites on the subject agree that exemption from 
taxation is essential, if a low rate of interest on mortgages is 
to be obtained. It cannot be denied that taxation by the State 
of the mortgage and of the real estate on which the mortgage is 
based is double taxation. Freedom from taxation would materi¬ 
ally lower the rate of interest on mortgages and the debentures 
which may be issued on their security, and it is apparent to all 
that whatever promotes agricultural development, adds to the 
general welfare. The lands of the farmer being visible and 
easily accessible, never escape taxation. It can be asserted with 
confidence that the farmer pays more taxes in proportion to his 
property holdings than any other class of our citizens. 

I AND TITLES AXI) FORECLOSURES. 

In Europe, the government usually guarantees the land 
titles and the laws chartering mortgage banks usually grant a 
simple process of foreclosure. There are no exemptions of 
homestead rights. It is therefore incumbent upon the States, if 
we wish to make the real estate of the farmer a liquid asset, 



CXXIX 


easily negotiated at a low rate of interest, if we desire to facili¬ 
tate the advantageous sales of bonds and debentures based upon 
their security and enjoy privileges and advantages conferred by 
the proposed federal land mortgage act, to adopt some system 
for registering or guaranteeing land titles. 

I would therefore recommend the adoption of the essential 
features of the Torrens system of land title registration: The 
object of the system is so clearly stated by Devlin on real es¬ 
tate that I quote fully what he says: 

‘The object of the system is, first, to secure by a decree of 
court or other similar proceeding, a title which shall be impreg¬ 
nable against any attack, and, when this title is once deter¬ 
mined, to provide that all subsequent transfers, incumbrances, 
or proceedings affecting the title shall be placed on a page of 
the register and marked on the memorial of title. A purchaser 
may accept this memorial as truly stating the title and may 
disregard any claim not so appearing. In the states of this 
country adopting this S3 T stem, the owner has the option of regis¬ 
tering his land or he may proceed under the old system, but, 
the statute provides that when a tract of land has once become 
registered, all transfers made subsequently shall be in compli¬ 
ance with the provisions of the statute. After the initial regis¬ 
tration of the title, there is notice on the face of the certificate of 
registration of any matter affecting the title. The object is to 
secure the evidence of title exclusively by a certificate issuing 
from public authority. In some statutes an indemnity fund is 
provided for the payment of any loss sustained by the operation 
of the system, and such an indemnity fund, while not found in 
some of the statutes, is an integral part of the system.” 

I would also recommend the enactment of a law authorizing 
a record of all abstracts of title made bv some licensed, repu¬ 
table, abstract company. I would also recommend a simple 
form of conveyance as well as mortgage. 


FORECLOSURE OF MORTGAGES. 

Under the laws of .this State, the mortgagor, his vendee, 
junior mortgagee or assignee or heirs-at-law, are vested with a 
statutory right of redemption within two years after the sale 
of the property. While the purpose of this statute was to pro¬ 
tect an improvident debtor, its effect is to lessen the value of 
the security and increase the interest on the mortgage. This 
law should be repealed as far as farm mortgage loans are con¬ 
cerned, if the lowest rates of interest are expected to be secured 


6 GA 



cxxx 


and farm land mortgages made rapidly negotiable and salable. 
The delay and litigation which can now occur under the laws 
of Alabama, lessens the value of the security and banks will be 
disinclined to guarantee to the holder of land mortgage bonds 
or debentures issued on its security if this long delay should be 
allowed. Our law Y s on this subject if not repealed, should at 
least be so amended that while protecting the debtor, long delay 
should not be allowed. AVhile federal incorporation of farm 
land banks is preferable, the State can still authorize the estab¬ 
lishment of farm land banks. It may be that a simple bill, 
authorizing the establishment of farm land banks to negotiate 
loans on real estate, providing for a rigid system of appraise¬ 
ment of value, with proper inspection, with a simple method of 
foreclosure, and exempting from taxation all loans made upon 
farm lands where the rate of interest does not exceed six per 
cent, would tend to furnish immediate relief and stimulate the 
loans on farm lands. If such banks, however, are established 
by State law, it should provide for a method of amortization 
payments. No successful system of land mortgage banks can 
be operated which does not provide for this system of amortiza¬ 
tion. 


PERSONAL OR SHORT TERM CREDIT. 

In the report of the United States commission on this sub¬ 
ject they used the following language, “Your commission be¬ 
lieves that it is also within the power of Congress to pass laws 
providing for credit unions or cooperative credit associations 
and making them fiscal agents of the national government; but 
the conditions of agriculture differ so widely, the needs of the 
farmers vary so greatly and the status of different people in 
rural communities are so unlike, that it is our opinion that such 
law s can best be enacted by the various State Legislatures.” 

I fully concur in this conclusion. I earnestly recommend 
that you adopt suitable legislation authorizing farmers to co¬ 
operate for the improvement of their personal credit. Legisla¬ 
tion on this subject should clearly define credit unions, their 
scope and functions and methods of operation, as w r ell as pro¬ 
vide suitable systems of inspection and supervision. A liberal 
statute is desired, such as the recently amended credit union 
law r of the State of New York, which permits wide variation of 
the types of associations and at the same time provides means 
of control. The states of Texas, New York and Massachusetts 
have all adopted law 7 s on this subject and they are set out in 



CXXXI 


full in Senate Document No. 214, part 3, under the head of 
Agricultural Cooperation and Rural Credit in Europe. I rec¬ 
ommend that the deposits and loans of these rural credit banks 
should he exempt from taxation. 


THE NECESSITY FOR CREDIT UNIONS. 


In the South and in Alabama, where so many small farmers 
and tenants are absolutely dependent upon the advance mer¬ 
chants and where the rates of interest on advances for supplies 
are frequently excessive, and onerous, the system of credit 
unions is urgently needed. A large proportion of the cotton 
crop of the South each year, is made on money advanced by 
merchants or bankers, and the high rates of interest which 
generally prevail, is a most grievous burden upon the small 
farmer and tenant, who are forced by poverty and necessity to 
often submit to such interest charges as the avarice or greed of 
the lender may coerce. It is idle to expect that our present com¬ 
mercial banking system will furnish available banking facilities 
for our tenants and small farmers. We should not forget, how¬ 
ever, that the success of any system of rural banks to extend 
personal credit to that class of our farming population now in 
most pressing need of assistance, should be based upon the 
fundamental idea of cooperation, under which they have been 
so successfully operated in Europe. With the unlimited liabili¬ 
ties of its members, there would result a credit foundation upon 
which loans could be made. It may be claimed that this unlim¬ 
ited liability is foreign to the customs and habits of our people 
and would meet serious opposition. It is well, however, to 
remember, that the cotton crop, which is our chief agricultural 
asset, is annually produced on money loaned and that the liabil¬ 
ity of the small tenant and farmer in this State is practically 
unlimited. Speaking of these associations, the secretary of 
agriculture of the United States says: “Cooperation is the 
essence of those enterprises. Their "growth will probably be 
slow and it will be retarded by the fact that two races are living 
side by side. Public opinion, will, however, be educated. Pains 
should be taken to place before the people the best forms and 
methods of organization and the states should be induced, if 
possible, to consider and take up necessary legislative action 
prerequisite to the formation of these associations.” I would 
therefore, recommend that the farm demonstrators of the State, 
the department of agriculture and the Alabama Polytechnic 
Institute, should be authorized to employ experts to explain the 



CXXXII 


principles and operations to the farming community, of these 
cooperative credit unions. Through such methods, a strong 
public opinion could be created and these banks inaugurated 
under intelligent supervision. In Germany, where the Raifeisen 
system of rural credits has been so successfully operated, they 
provided in every community an agricultural council, whose 
business it is to study the financial needs of the community, the 
most profitable crops and the best investment possibilities open 
to the farmers. Such a council would act in an advisory capac¬ 
ity, study the needs of each particular section and advocate that 
character of farming which would prove most profitable and 
discouraging those farming enterprises which would necessarily 
result in financial loss. 


NECESSITY OF IMMEDIATE ACTION. 

We should not forget the lessons taught by the gigantic war 
in which Europe is now engaged. Without warning, it created 
in the South the most serious economic crisis which has con¬ 
fronted our section. Last year over nine million bales of cot¬ 
ton were sold abroad and the result of the foreign war for a time 
stopped exports and will necessarily largely reduce cotton con¬ 
sumption abroad. With the largest cotton crop in our history, 
we were suddenly confronted with the problem of withholding 
four or five million bales of cotton from the market until normal 
conditions were restored, or selling it far below the cost of pro¬ 
duction. If proper systems of agricultural credit, viz: land- 
mortgage or long-term credit or personal or short-term credit 
had been provided, as has so long existed in Europe, it is be¬ 
lieved that the South could have largely escaped the financial 
loss which the European war lias produced. Our surplus cotton 
could easily have been financed and used as an absolute safe 
collateral for loans. Moreover, there has been an alarming in¬ 
crease of tenant farmers during the past decade, an in¬ 
crease as shown by the last census of over fifteen per cent. Ab¬ 
sentee landlordism has become more and more a menace to our 
agricultural progress and is gradually sapping the foundations 
of rural prosperity. If Congress would speedily enact legisla¬ 
tion by which loans could be made a liquid asset at a low rate 
of interest and if Alabama would at once encourage and enact 
suitable legislation to promote cooperative credit unions and 
associations, we could justly expect a new era of agricultural 
progress and development. 



CXXXIII 


If we would check the drift of our rural population to the 
cities, if we would encourage the movement of “back to the 
farm,” if we would remove the menace of absentee landlordism 
and encourage the purchase of farms by tenants and men of 
small means, if we would increase agricultural production and 
secure cultivation of the large area of waste and unproductive 
lands in the State, we must extend to the farmers the same 
facilities for credit now enjoyed by our commercial classes. 

I would therefore recommend the appointment by your hon¬ 
orable body of a special committee to consider and carefully 
study this important subject and to draft suitable legislation. " 


PUBLIC UTILITIES COMMISSION. 

Ihe necessity of creating a public utilities commission with 
power to regulate and control the charges of all public service 
corporations has been generally recognized by most of the 
states of the Union. There is a strong and growing sentiment 
in Alabama in favor of the establishment of such a commission. 
It is as much our duty to protect the consumers of gas, water, 
electricity, and those who are compelled to use telephones, tele¬ 
graphs and other public utilities against unjust, unfair or exorb¬ 
itant charges as it is to protect them against unreasonable and 
unjust charges that may be exacted by our common carriers. 
The State through such a commission, should exercise proper 
control over the issuance of stock and bonds of these corpora¬ 
tions, and prevent the issuance of stock that is fictitious and 
does not represent any value. In conjunction with the attorney 
general, I have given this question very careful consideration 
and we have prepared a bill on the subject, which will be sub¬ 
mitted for your consideration. By this bill, a public utilities 
commission is created, composed of the present railroad com¬ 
mission and two other members to be appointed by the Gover¬ 
nor, by and with the advice and consent of the Senate. The 
industrial development of Alabama has been so great that there 
should be no longer any delay in the establishment of such a 
commission, so as to furnish the public proper and reasonable 
protection and at the same time stimulate our industrial growth. 


WATER POWER. 


The energy which can be developed from falling water in our 

ofTbP Sft Stre ?* m v C T titutes one of the most valuable assets 
ot the State. It has been estimated that the water powers of 



CXXXIV 


Alabama, if developed, would amount to one million and eighty- 
four thousand liorse-power. It is now generally conceded that 
the day is not far distant when the development of hydro¬ 
electric power will supersede steam, on account of its greatei 
cheapness and the facility with which it can be transmitted 
almost any distance. This enormous water-power was at one 
time an asset which belonged to the people of the State. Under 
the law, the State had an easement or title to the waters and bed 
of every navigable stream in its borders. By the act passed in 
1903 and amended in 1907, and found in section 3627 of the 
Code, the State gave to any corporation, domestic or foreign, 
organized to manufacture and sell to the public porver produced 
by water as a motive force, and that acquired a dam site or 
power site comprising not less than one acre of land upon each 
and opposite sides of any water-course, the power to acquire, by 
condemnation the necessary lands and sites for the construction 
of its dams and the works connected therewith. In other 
words, this statute vested in these corporations the State’s sov¬ 
ereign power of eminent domain—the right to take private 
property for public uses. If an individual acquired riparian 
rights on each bank of the stream, he could not by this, statute 
exercise the power of eminent domain, for that power is alone 
conferred upon corporations. Under the statute, therefore, and 
in accordance with the decisions of our Supreme Court, with its 
acre on each side of a steam, water power corporations can go 
up stream or down stream, any distance it sees lit and destroy 
for its own use or take by condemnation practically every water¬ 
power held on the stream. Nor does the law require that the 
corporation exercising this extraordinary power should build 
a dam. The only requirement is the ownership of two acres 
upon each side of a stream. Under the extraordinary power 
conferred upon such a water-power corporation, it could sweep 
the river clean of minor enterprises and industries—overflowing 
public roads, wiping out ferries, flooding grist-mills, taking 
everything which obstructed its march, except a dwelling house. 
Through the provisions of our law, the State makes an absolute 
gift and surrender of all its valuable water-power assets, its 
right, title and easement to the waters and beds of a stream to 
the corporation organized in compliance with its terms, without 
exacting one cent of toll or revenue. It- is difficult to understand 
why these valuable rights, franchises and privileges should be 
conferred alone upon corporations and denied to individuals, 
firms or partnerships. By section 3636 of the Code, it is made 
the duty of any corporation selling to the public electric current 



cxxxv 


produced at its plant, as well as power, light or electric power 
produced by water as a motive power, to sell the same in the 
order in which requests or demands are made for sucli light, 
heat, power or electricity. If the statute had stopped here it 
could be considered a proper protection to the public, but I call 
your attention to the further provision which says that “Noth¬ 
ing shall be so construed as to require such corporation to fur¬ 
nish light, heat, power or electricity to any person or persons, 
corporation or corporations until satisfied of his or its financial 
responsibility and except in conformity with its reasonable 
rules and regulations and reasonable prices for same and except 
as far as the capacity of its plant will permit,” The effect of 
this provision is to vest the absolute and arbitrary power in the 
water power company to sell its power to such persons or cor¬ 
porations as it may elect. It has the unqualified discretion to 
select its own consumers, and from the exercise of this discre¬ 
tion there is no appeal. It is thus given power not to serve the 
public equally but to deny the use of power to any person or 
corporation that may incur its hostility or whose destruction 
as an industry it may desire. Under the original act as passed 
by the Legislature, it was provided that if the water-power com¬ 
pany refused to sell its power to a person or corporation they 
could tender bond and secure this power. This provision was 
struck out when our laws were codified and should be restored. 
Not only has the State made a gift to these companies of all of 
its interests in its water-powers but has also exempted them 
from State, county or municipal taxation, either under general 
or local laws, for ten years after the beginning of the construc¬ 
tion of their plants. 

VALUE OP HYDRO-ELECTRIC POWER. 

It was only in recent years that the value of hydro-electric 
power was discovered. Fifteen years ago hydro-electric power 
could be transmitted only about ten miles and today the dis- 
tance to which it can be carried is hundreds of miles. It can 
furnish power at less cost than can be furnished by any other 
way. Steam cannot compete with it. We must recognize that 
the day is not far distant when the creation of power by falling 
water instead of by steam, will be necessary to the orderly man¬ 
agement and development of the industrial enterprises of the 
country. In the near future, when this power supersedes steam, 
no manufacturing plant can compete with it, on account of the 
low cost at which it can he produced and its many advantages 



CXXXVI 


over steam power and the distance to which it can be trans¬ 
mitted. 

How is the consumer to be protected? It is well to remem¬ 
ber that the corporations that develop the energy from falling 
water in our streams are allied in interest and do not compete 
in prices. Immense sums of money are neecssary to develop 
the power and the individual or corporation that invests in these 
enterprises should receive not only fair but liberal returns. Un¬ 
fortunately, prices charged are generally not based upon fair 
returns for the money invested but are frequently so arranged 
as to be slightly less than the cost of furnishing the same power 
from steam. Therefore, when water-power is developed, having 
to do with commodities of every day life—heat, light and power, 
every individual or manufacturing enterprise within the terri¬ 
tory is affected, and therefore, due care should be taken to pro¬ 
tect the public interests. Recognizing that these water-power 
companies are natural monopolies, the rates which they charge 
should be regulated by a proper public utility commission. 

Under the general dam bill prepared by Secretary of War 
Garrison and which received the approval of the present admin¬ 
istration, it is expressly required that “The State in which the 
company is incorporated or in which it operates must for the 
protection of the people and the prevention of monopoly and 
other misuse have provided a commisison or body authorized 
and empowered to properly regulate public utilities of this 
character, and such body or such law must have provided proper 
regulations to the end that the company shall make proper use 
of the utility, give proper service, make only reasonable charges 
and otherwise conduct itself in a way to conserve the rights of 
the people in the use of the public utility. In all cases where 
these provisions have been complied with the secretary of war 
may issue a permit, franchise, or right for any period up to 
fifty years. 

Similar requirements are found in the bills which are now 
pending before the Congress. 

In other words, the State of Alabama would be required to 
protect the consuming public by proper regulations requiring 
proper supervision and reasonable charges, and service, or the 
government will undertake that duty. 

Before the pasage of the laws adopted in 1907, no dam could 
be erected across any navigable stream in Alabama without the 
consent of the State government. There should be no disposi¬ 
tion on our part to prevent the utilization of the enormous wa¬ 
ter-power now being wasted in our navigable streams, or to 



CXXXVII 


hamper or fetter any company seeking to develop this power by 
unjust or unreasonable restrictions. It is folly, however, to say 
that this power will not be developed unless investors are 
granted exemption from taxation and all easements which the 
State might possess in this valuable asset. 

I would therefore recommend that the present laws grant¬ 
ing to corporations developing water-power, the right and ease¬ 
ment of the State in and to the beds of the stream as well as 
exemptions from taxation be repealed. I would recommend 
that in lieu thereof the State grant its right, title and interest 
in and to the beds and waters of its navigable streams only to 
those who will pay the State a reasonable toll on each horse¬ 
power developed and sold. I further recommend that a public 
utility commission be created with power to regulate the rates 
of water-power companies developing hydro-electric power and 
that immediate steps be taken to conserve this important asset 
and source of revenue, which should be the heritage of all the 
people of Alabama. It is necessary that these corporations 
should exercise the power of eminent domain. This power 
should not be exercised before their dams are constructed and 
the present laws on the subject should be carefully revised, 
so as to prevent injustice and to secure just compensation to 
all who may be injured or damaged by the construction of 
water-power plants. 

I would recommend that very liberal powers be conferred 
upon the public utility commission, in reference to regulating 
the charges of water-power companies and that we take imme¬ 
diate steps to create a conservation commission, with power to 
acquire for the State riparian rights upon navigable streams 
in Alabama which the State can now acquire and to conserve 
those which the State may now own and which have not been 
surrendered for a valuable consideration. 

STATE GAME AND FISH DEPARTMENT. 

The present game laws of the State, under the vigorous and 
successful administration given them since the introduction of 
the system in 1907, have afforded high and practical evidence of 
the wisdom of their enactment. Prior to such enactment the 
means for preserving the game of the State were totally ineffi¬ 
cient, and the wild life of Alabama was fast becoming extinct. 
Deer and wild turkey were disappearing; doves were growing 
fewer; squirrel were deplorably scarce. Hundreds of thousands 
of our live quail were trapped and shipped to northern markets, 



CXXXVIII 


while thousands of dozens of these birds were slaughtered by 
pot-hunters and expressed to distant cities were they brought 
fancv prices at restaurants. 

Against these conditions which were rapidly spelling the 
loss of a valuable asset of the people, there was nothing ot a 
preventive nature beyond a weak general statute and a system 
of non-enforeeable local laws. The destruction which the pres- 
ent laws were designed to arrest has not only largely ceased, 
but our game interests have been conserved to an extent that 
has made the Alabama game laws a model for similar enact¬ 
ment in many of the forty-seven states, where laws for fostering 
and protecting game prevail. That its punitive provisions are 
not expressed in dead letters, is evidenced by the facts set forth 
in the annual report of this department for the past year, show¬ 
ing that fourteen hundred and thirteen persons have been con¬ 
victed of violations under these statutes since their enactment. 

This claim of practical enforcement is matched by another 
result which should receive proper estimate in determining the 
value of the State game laws. The office created under the 
provision has proven a feeder rather than a dependent upon the 
treasury of the State. The balance credited to the fund of this 
department on October, 1914, was $35,120.64; this amount rep¬ 
resents a net profit to the tax-payers of the State—a profit 
earned in the cause and conservation of one of their most 
valued, and until recent years, sadly neglected possessions. Lo 
increase the measure of additional good possible under our 
present system of game statutes, and to widen the range of pro¬ 
tection under which our game has been saved from extinction 
and guaranteed as future legacies of enjoyment and wealth, l 
heartily concur in the recommendation for amendments to the 
present laws, submitted in the current annual report of the 
State game commissioner, to which recommendations the atten¬ 
tion of our body is earnestly directed. 

I feel that with the proposed additional legislation and with 
the administrative capacities and activities behind these laws 
that have distinguished their past enforcement that they wiJ 
conform to every rational ideal of requirement to which the 
conservation of a great interest of the people can he measur . 

governor's mansion. 

The last Legislature, by act approved February 11, 1911, 
made an appropriation of fifty thousand dollars to provide for 
the purchase of a residence for the Governor of Alabama, lnclnd- 



CXXXIX 


ing furnishings therefor. The commission provided by the act, 
organized on April 27, 1911, and several subsequent meetings 
were held. By unanimous agreement a very handsome resi¬ 
dence was acquired, located in the city of Montgomery, at 702 
South Perry Street. It is a two-story pressed brick structure, 
with mansard roof, and presents a very attractive and stately 
appearance. The sum of forty-six thousand five hundred dollars 
was paid for the property, and the remainder was used in the 
purchase of furnishings. A full record of the proceedings of 
the commission has been kept, and vouchers to cover each and 
every item expended are on file in the office of the State auditor. 
The State has received full value for the expenditure. 

CAPITOL EXTENSION AND IMPROVEMENT. 

In continuation of the policy adopted by the Legislature of 
1903, looking to the enlargement of the State capitol building 
to meet the increased needs of the several State executive of¬ 
fices, departments, commissions, and bureaus, the judiciary and 
the Legislature, your predecessors, by act approved April 13, 
1911, made an appropriation of one hundred thousand dollars 
for the further extension, enlargement and improvement of our 
historic capitol building. A commission, consisting of the 
Governor, chief justice of the Supreme Court, attorney general, 
State auditor and secretary of State, with the director of the 
depaitment of archives and history as secretary, was provided 
to carry out the purposes of the act. The commission was 
organized, on the call of the Governor, April 27, 1911, and plans 
were immediately projected to carry out the intent and purpose 
of the act. In the execution of its duties, the commission con¬ 
tracted for the erection of a north wing or addition to the State 
capitol building, the contract for which was let on June 8, 
1911. The contract price was seventv-three thousand two hun¬ 
dred thirty-eight and 38/100 dollars. 

Ground was broken on June 14, 1911, and the addition 
erected under this contract is believed to be one of the hand¬ 
somest public structures in the State, and in both exterior and 
interior finish, equipment and furnishings, will compare favor¬ 
ably with similar structures in any part of the country. The 
cost of construction is believed to be most reasonable, and will 
challenge comparison with other and more extravagant expendi- 
tures elsewhere. 

The act of appropriation specially provides that a part of 
the appropriation shall be used “in refurnishing- the halls of the 



CXL 


Senate and of the House of Representatives, and for fitting up 
suitable legislative committee rooms and for the relief of the 
general conditions of the other departments of the State gov¬ 
ernment.” In the execute of this mandate, the remainder of the 
appropriation was used. Of this sum, $5,043.47 was expended 
for the refurnishing of the halls of the Senate and the House of 
Representatives. I feel that I can point with every degree of 
pride to the result, and you will have an opportunity during 
your session of daily using the handsome and practical furnish¬ 
ings which have been provided for the legislative halls. Owing 
to the lack of funds, and for want of more room space, the com¬ 
mission has been unable to provide committee rooms as contem¬ 
plated. This is a regretable condition, since suitable rooms or 
places for the meeting of the several committees of your body 
have long been needed. 

I feel that it is appropriate in this connection to refer gen¬ 
erally to the appropriations and expenditures which have been 
made for the State capitol. It will be recalled that on Decem¬ 
ber 14, 1849, the building which had been erected wholly at the 
expense of the city of Montgomery and presented to the State, 
was destroyed by fire. The Legislature was then in session. 
Almost immediately following the fire, or on February 11, 1850, 
an appropriation of sixty thousand dollars was made by the 
Legislature for the purpose of rebuilding. With that amount 
the historic central portion of the present building, known as 
the old capitol was erected. Within its historic walls were 
enacted the stirring scenes incident to the organization of the 
provisional government of the Confederate States of America, 
and on its front portico, February 18, 1861, Jefferson Davis, 
first and only President of the Confederacy, was inaugurated. 

With the growth of the State, by act of February 17, 1885, 
the sum of twenty-five thousand dollars was appropriated, and 
with this sum the rear or eastern extension was erected. This 
portion of the building includes three stories, and extends east¬ 
ward from the present library entrances to the Supreme Court 
room. 

With the further growth and development of population, and 
the needs of increased opportunity for offices and departments 
demanded by an expanding civilization, by an act of February 
17, 1903, the sum of one hundred and fifty thousand dollars 
was appropriated for the purpose of acquiring lands, and 
for the erection or acquisition of any necessary additional build¬ 
ing or buildings for the use of the State. Of that sum sixty- 
five thousand dollars was expended for the purchase of the 



CXLI 


South end of the present capitol square. The central portion, 
as veil as the north end of the capitol grounds, had previously 
been donated to the State by the city of Montgomery. With 
the remainder of the appropriation the south wing or addition 
was built, and all of the several offices and rooms in the old 
portion of the building were overhauled and repaired. 

The last appropriation was one hundred thousand dollars, 
made by act of April 13, 1911. The four appropriations above 
referred to total three hundred and thirty-five thousand dollars, 
representing the entire sum expended by the State since 1850, a 
period of sixty-five years, for lands and public buildings for its 
use as a commonwealth. Various small sums have been voted 
from time to time looking to repairs or furnishings, but mani¬ 
festly these forms no part of the gross total for lands and build¬ 
ings. It might be proper to here call attention to the fact that 
the present State capitol represents in actual expenditure a 
smaller sum than that expended by any State in the American 
Union for capitol buildings, and there are probably more than 
one hundred county courthouses in the United States, that cost 
far in excess of the sum above referred to, and which are at the 
same time far more admirably appointed for the conduct of 
public business. 

The foregoing facts should be carried in mind in any discus¬ 
sion of public expenditures, the extravagances of previous Leg¬ 
islatures, and the unwarranted use of State funds for unneces¬ 
sary public buildings. The State has spent far too little for 
public building, and the need is imperative for still further 
enlargement. There is still a pressing need on the part of all 
offices and departments for necessary room for the proper and 
expeditious conduct of official business. There is not an office 
or department in the State capitol which is not crowded for 
space. It is a false notion which assumes that an office or depart¬ 
ment is serving its best purpose by narrowing State business to 
a corner. Unless constantly expanding to meet the needs of a 
growing and aspiring people, no office has a right to exist. Of¬ 
fices and departments do not exist for the pleasure of incum¬ 
bents. They are made necessary by the complexities of our 
expanding State life. Therefore, instead of being hampered and 
held down, they should be given an opportunity to meet the 
demands of a more and more exacting public. 

If I may be permitted to particularize, I would urge that 
provision be made for a special building for the use'of the 
Supreme Court, the Court of Appeals, and the rich collections 
ot the Supreme Court Library. A building suitable to their 



CXLII 


needs for two or three generations could be provided by an 
appropriation of one hundred and fifty thousand dollars, and 
an appropriation for that amount ought to be made. With their 
removal from the present building, space would be provided 
for other offices and departments for necessary expansion until 
a later session could meet their growth. The erection of a 
judiciary building would serve quite as much as any one thing 
you could do to demonstrate that call of aspiration, which 
would invite progressive immigration to our borders, and at the 
same time hearten our own people to an appreciation of the 
dignity and power of their State. 

In accordance with the requirements of this act, the proceed¬ 
ings of the Alabama eapitol building commission have been 
carefully recorded, and the several expenditures authorized 
have been made strictly in accordance with the law, and within 
the legislative appropriation. The books and papers of the com¬ 
mission are in the hands of the secretary, Dr. Thomas M. Owen, 
director of the Alabama State department of archives and his¬ 
tory. 

ARCHIVES AND HISTORY DEPARTMENT. 

The wide range of activities covered by the Alabama State 
department of archives and history, and the enthusiasm and 
constructive purpose with which its work is carried on by the 
director, Dr. Thomas M. Owen, and his efficient staff, require 
special mention. This department was established by act of 
February 27, 1901, during the administration of the lamented 
Gov. William J. Samford. From the very beginning it has 
demonstrated a large degree of usefulness, and its influence has 
been wholesome, stimulating and far-reaching. It was created 
to meet the duty of the commonwealth to its archives (public 
records) and to its history. Broadly stated the objects designed 
have been more than met’ and with the passing of the years the 
department has undertaken the administration of a number of 
additional duties. The following is a grouping of the subjects 
comprising its activities: archives, historical and reference 
library, gallery, museum, library extension, anthropology and 
natural history, and a research, extension and reference service. 

It is gratifying to me to state that Alabama is practically 
the only State in the Union where all of the official archives, 
or public records not in current use, have been centralized in 
one collection, and under expert supervision and management. 
In many jurisdictions special groups of records have attention, 
but in Alabama we have the interest condition of a centraliza- 



CXLIII 


tion of the entire body of records of the commonwealth, all 
systematized and available for immediate use. The records are 
of priceless value. They include the letter books of Governors, 
official appointment and commission registers, financial records, 
educational records, judicial records, legislative records, rec¬ 
ords of constitutional conventions, the proceedings of special 
boards and commissions, and records of State institutions. His¬ 
torians, students and business men can now alike enjoy the op¬ 
portunity of researches in the fundamentals of our State life. 

The historical and reference library of the department now 
numbers more than one hundred thousand books and pamphlets, 
covering every branch of literature, but particularly the fields 
of bibliography and reference, sociology, literature and history. 
The collection of U. S. government publications and State offi¬ 
cial documents is the fullest in the lower South. The collection 
of Alabama literature is unrivaled. Another item to be noted 
is a collection of more than six thousand volumes of newspaper 
and periodical files. 

The gallery and museum contain hundreds of likenesses of 
men and women who have made Alabama history. One com¬ 
petent expert has pronounced it a most representative collec¬ 
tion of historic portraiture. The museum contains cabinets of 
aboriginal objects, pioneer relics, .war and other historical 
relics associated in some way with our State history. Two cab¬ 
inets contain surviving battle flags of Alabama troops in the 
Confederate Army. The department has plans for the installa¬ 
tion of anthropological and natural history collections, and ex¬ 
hibits showing the State’s resources. A beginning has already 
been made in assembling these materials. 

Doubtless you have observer the increase of interest in 
books and libraries in Alabama during recent years. In 1907 
the Legislature directed the department to do library extension 
work, which in other States is largely performed by library 
commissions. No more important culture force can be found 
than through free public libraries, and the people of the State 
are greatly indebted to the department for its splendid service 
in stimulating the use of good books. As a part of its library 
extension activity, a system of traveling libraries is maintain¬ 
ed, whereby small collections of books are circulated in rural 
communities, schools, and to study clubs. The very excellent 
Alabama library list, from which selections are made for rural 
school libraries, was compiled by the department. 

The research, extension and reference service of the depart¬ 
ment demands special notice here. In these respects it is an in- 



CXLIV 


formation bureau for the people of the State. Annually thou¬ 
sands of calls, either by correspondence or in person, are made 
upon the resources of the department. The researches of stu¬ 
dents are aided and facilitated. Every effort is put forth to 
arouse greater enthusiasm in historical work and enterprise 
throughout Alabama, lectures and conferences are arranged, 
and assistance is rendered, not only to individuals, but to his¬ 
torical, literary and patriotic societies. Among other exten¬ 
sion activities the department has assumed the distribution of 
all State official documentary material with the exception of 
Codes, Acts and Court reports. 

One branch of this particular activity ought to make a 
special, definite and sympathetic appeal to you, and that is 
the legislative reference service rendered by the department. 
You have been made familiar with this service through recent 
communications, documents, references, copies of laws, digests 
of legislation, etc., etc. The service generously rendered, if re¬ 
ceived seriously, has done much by way of preparing you for 
your delicate and important legislative labors. The entire re¬ 
sources of the department are at your disposal. An index has 
been compiled, based upon a special collection of materials cov¬ 
ering probable subjects of legislation, as public utilities com¬ 
missions, workmen’s compensation, blue sky legislation, penal 
reform, agricultural credit, child labor, drainage and reclama¬ 
tion and revenue systems, education, municipalities, insurance 
regulation, loan shark evil, etc., etc. 

In 1907 the Legislature imposed the new duty on the depart¬ 
ment. In doing so it followed the lead of the most progressive 
American commonwealths, in the effort to render competent as¬ 
sistance to legislators in their official labors. This new depart¬ 
ure took place in 1890, and now more than two-thirds of the 
States make provision whereby special collections are made, 
and expert aid rendered members of legislative bodies. In 
many of them liberal grants are made in support of such work, 
and a large and trained staff of well-equipped men, many of 
them lawvers, are employed. At the meeting of the Alabama 
State Bar Association, July 13, 1910, in my annual address as 
president, in commending legislative reference work I stated m 
part: 

“It is truly said that until recently no provision was made 
bv the laws of any State for assisting legislators in their work. 
In 1890 New York provided for issuing bulletins of the laws 
of other States, and this was followed by Wisconsin in 1901, 



CXLV 


by the establishment of a legislative reference department upon 
a very elaborate plan. 

“Montana, North Dakota and Pennsylvania have followed 
the example of Wisconsin and now the system prevails in more 
than a dozen States. Too often in legislative halls we witness 
the spectacle of strong men grappling with problems and ques¬ 
tions which have long since been settled by the best thought of 
the world. The experience of recent sessions of the Legislature 
in Alabama should admonish us that some system of this kind 
is needed in this State. The large number of laws declared in¬ 
valid by the courts for failure to comply with some constitu¬ 
tional mandate in their enactment, or for violation of some 
constitutional prohibition shows an astonishing lack of care, 
deliberation and study, in view of the importance of the in¬ 
terests involved.” 

Again in an address delivered by me at the Governors’ Con¬ 
ference, Colorado Springs, August 28, 1913, on the subject of 
“Distrust of State Legislatures, the cause, the remedy,” I fur¬ 
ther expressed the opinion that 

“Every State should provide a reference legislative library, 
and the committee should have ample time and opportunity to 
thoroughly investigate every important question submitted to 
their consideration.” 

The assistance to be rendered legislators naturally resolves 
itself into three or four distinct groups, including the collec¬ 
tion and organization of materials bearing upon probable sub¬ 
jects of legislation, the analysis and philosophic interpretation 
of the data which has been assembled, comparison of proposed 
measures with similar legislation elsewhere, and expert draft¬ 
ing of bills and measures before they are submitted to the leg¬ 
islative body. With the resources available to the department 
only the first three have had consideration. Manifestly much 
of the assistance proposed can only come from trained service, 
particularly in the matter of research and bill drafting. It 
would seem, therefore, that the very practical course to be pur¬ 
sued by you would be the immediate adoption of some plan or 
rule whereby an expert parliamentary bill drafter could be em¬ 
ployed as previously suggested, with one or more assistants, 
whose duty it should be to assist members in framing bills, 
or in going over bills which had already been prepared, and 
also in order that as occasion might demand, they could appear 
before committees for the purpose of assisting in putting more 
important bills in appropriate form. Owing to the lack of time 
in which the members and committees themselves might do this 



CXLVI 


work themselves, it is absolutely necessary, if satisfactory re¬ 
sults are to be obtained, that outside assistance be brought in. 
And such course is in strict accord with the modern method of 
approach to all great tasks, namely, that of making use of the 
brains, energies and experiences of others. 

The department of archieves and history should be further 
encouraged in its praiseworthy work, and should be given en¬ 
larged opportunity. Its needs are imperative. More space 
should be provided for its rich collections, and for the proper 
discharge of its multiform activities. If the people of the State 
would only make use of its wonderful resources, they would 
be daily richer thereby. In every line of activity committed 
to it, the department deserves all that a generous and sympa¬ 
thetic Legislature can do in its behalf. 

GOVERNORS’’ CONFERENCE OF STATE OFFICIALS. 

In 1912 I called a conference of the several State officers, 
heads of departments, and presidents of commissions, bureaus, 
and boards, for the purpose of considering the organization of 
a monthly conference of State officials, in order that they 
might get in closer touch with each other, and that thereby 
there might be a more harmonious and uniform transaction of 
public business. The suggestion was favorably received, and 
a formal organization was effected. From time to time the 
conference has held meetings, and the beneficial results are ap¬ 
parent in many wmys. Through the initiative of the confer¬ 
ence, the post-office department has provided, without expense 
to the State, a special carrier for the Montgomery P. O., who 
gives his entire time to the State official mail; a directory has 
been placed near the front entrance to the Capitol building; a 
private branch telephone has been installed; and a better or¬ 
ganization of the Capitol janitor service has been worked out. 
A continuation of the conference is recommended to my suc¬ 
cessor. 


STATE HEALTH DEPARTMENT. 

Great advances having been made in recent years in the 
knowledge of the causes and methods of prevention of diseases, 
the public health system of the State should be utilized to its 
fullest capacity for the practical application of this knowledge. 
On the principle that prevention is more humane and more 
economic than cure, the question to be determined by the legis- 



CXLVII 


lative department of the State resolves itself into two alterna¬ 
tives, to-wit, to permit people to suffer and to die from diseases 
that can be prevented, or to supply the public health system of 
the State with the means of prevention. Between these alter¬ 
natives there can be no hesitation as to choice. I therefore 
recommend that ample appropriation be made to the State 
board of health to enable it to do for the people what it stands 
ready to do. In dealing with the problem of the prevention of 
disease, health officials, in order to do their best work, must 
be vested with adequate power to require prompt obedience to 
their orders. For health officers to issue orders which they 
cannot enforce, paralyzes their efforts, and largely diminishes 
the benefits that would result from a vigorous enforcement of 
health and sanitary laws. 

I recommend, therefore, that more power be conferred on 
health offices, State, county and municipal, to employ the skill 
they are supposed to possess, and ought to possess, for the ben¬ 
efit of the people. 

The State health officer devotes his entire time to official 
work and is provided with an adequate salary; the time has 
fully arrived for the counties to take a long step forward by 
providing salaries for their health officers that will command 
all of their time and thus secure correspondingly larger and 
better results for their people. With this addition to the work¬ 
ing efficiency of the public health system of the State, the san¬ 
itary surroundings of every home in the State would be im¬ 
mensely improved. Then, disease and death would not levy the 
tributes on the energies and the lives of our people they have 
heretofore done; then capital and labor would be attracted to 
our farms, factories, and furnaces, and Alabama would take 
the advanced position among the States to which her resources 
richly entitle her. 

THE PANAMA PACIFIC EXPOSITION. 

This exposition will furnish to the State of Alabama the 
greatest opportunity offered in a quarter of a century for prop¬ 
er exhibit of its marvelous resources. Our proximity to the 
Panama Canal, the necessity of stimulating closer trade rela¬ 
tions with South American countries and the Orient, and the 
importance of securing new markets for our surplus products, 
are cogent reasons why the State should be properly represent¬ 
ed at the exposition. Alabama of all the States should take a 
prominent part in the exposition to celebrate the completion of 



CXLVIII 


the Panama Canal. As the days go by, it is universally recog¬ 
nized that to Senator John T. Morgan of Alabama was due the 
credit of creating that dominant and irresistible public opinion 
which forced the construction of an Isthmian Canal. As Ala¬ 
bamians, we can justly rejoice that when the impartial his¬ 
torian writes the narrative of that mightiest achievement of 
the race in overcoming the forces and powers of nature, that 
three of the greatest names that will be imperishably linked 
with the construction of the canal were furnished by the State 
of Alabama, Morgan, Gorgas and Seibert. Alabama leads all 
the States of the South in the variety of her resources, and with 
the rapid growth of her manufacturing enterprises and the 
development of her iron, steel and coal industries, it will be 
necessary for us to seek new markets for our surplus produc¬ 
tion. The completion of this canal brings us thousands of 
miles nearer to the markets of the world, and Alabama should 
have her just share in the great commerce, which it is confi¬ 
dently believed, will be created through the agency of this 
canal. I therefore urge that you will give careful considera¬ 
tion to the question of making a suitable appropriation to se¬ 
cure proper representation of the State at this important ex¬ 
position. 

COTTON EXCHANGES. 

There is one fact that has been brought home sternly to the 
people of the South as the result of the European War and 
that is that cotton exchanges are needed; that they are neces¬ 
sary adjuncts to the marketing of our cotton crop and perform 
a valuable and important function in modern commerce. It 
has been truly said that there is no other method by which spin¬ 
ners can make forward contracts except through the use of the 
cotton exchanges. Through painstaking methods of securing 
statistics and all available information, as well as quotations, 
the correct idea as to price is made possible. The United States 
Government has passed a very comprehensive and stringent 
law on this subject, fully regulating cotton exchanges and pre¬ 
venting gambling. I would therefore suggest that cotton ex¬ 
changes that strictly comply with the Federal law be authoriz¬ 
ed in Alabama. 


BUREAU OF COTTON STATISTICS. 

I recommend that the bureau of cotton statistics be 
abolished. 



CXLIX 


The work of this department is now entirely performed by 
the department of • agriculture of the Federal Government, and 
this department simply undertakes to duplicate this work. 

IMMIGRATION BOARD. 

Experience has shown that there is but one successful meth¬ 
od of securing immigration and that is by the colonization plan. 
The prevailing method of advertising and personal efforts to 
secure individual settlers has not proven satisfactory. One of 
the necessary results of the European War will be the influx 
into this country of a very large and desirable class of immi¬ 
gration. Alabama should be prepared to take advantage of this 
opportunity to increase her population with this worthy class 
of immigrants. The present laws on the subject should be 
carefully revised and a sufficient appropriation made to make 
this department more efficient. The moneys appropriated to 
this department should not be expended in hand-books and 
fruitless advertising, but in preparing feasible colonization 
schemes and seeking through personal effort to divert to this 
State the desirable immigrants from other countries. 

INSURANCE DEPARTMENT. 

This department has grown to be one of the greatest rev¬ 
enue producing agencies of the State government. It is a de¬ 
partment which in addition to producing revenue is vested with 
large powers for the supervision and regulation of the vari¬ 
ous insurance companies doing business in this State, whether 
they be foreign or domestic. The work of this department is of 
great importance to the protection of the people of this State 
against any frauds in insurance which may be attempted to be 
perpetrated. It is also charged with the duty of examining 
into the solvency of the various insurance companies doing bus¬ 
iness in this State and the methods by which they conduct their 
affairs. In order that the work of this department may be 
properly carrier on it is necessary that the insurance commis¬ 
sioner study from a practical standpoint the entire insurance 
field, and he should be a man who is skilled in insurance mat¬ 
ters and understands the complicated and difficult problems 
which are presented by this growing field of our modern ac¬ 
tivity. 

I therefore recommend that this department be made a 
separate department of the State government, and placed in 



CL 


charge of an insurance commissioner to be appointed by the 
Governor, and that the Governor in making his selection be re¬ 
quired to appoint some one who has had actual experience in 
insurance matters. 

STATE BANKING DEPARTMENT. 

The State banking department has proven to be one of the 
most useful and important departments of the State govern¬ 
ment. The Alabama banking law has been recognized as a 
model of its kind. I would, however, recommend that the as¬ 
sessment against the various banks be increased to such sum as 
will make this department self-sustaining, without any addi¬ 
tional appropriations from the State treasury. 

I do not believe that the assessments against the banks 
should be made with the view of producing revenue but solely 
with the view of making the department self-sustaining. 

STATE LAND DEPARTMENT. 

I desire to call attention to the imperative necessity for leg¬ 
islative action in regard to our State lands. 

The report recently tiled with me by the State land agent 
shows that the State is the admitted owner of 134,768.60 acres 
of land. This, as the report shows, has been neglected until 
the timber is gone and much of the land is in cultivation, with 
no income to the State. 

The management of these lands has not been creditable to 
the State; neither can it be said that the obligation that the 
State assumed, when it took title to them, has been in all re¬ 
spects properly and faithfully discharged. 

The interests to which they belong have suffered in conse¬ 
quence, and many individuals have been needlessly annoyed 
and troubled. 

The same report of the land agent shows that 116,319.25 
acres of land, shown by the records to belong to the State, are 
in dispute between the State and individuals claiming it. 

According to the report of the State land agent, there has 
been collected during my administration, from such lands that 
have been sold, from compromises, collection of old notes and 
adjustment of other claims involving land $139,259.92, which 
has been paid into the treasury, as required by law. 

Some of the land does not belong to the State now, the rec¬ 
ords to the contrary notwithstanding, and the showing made 



CLI 


by the records as to the State’s ownership is a cloud upon pri¬ 
vate titles that should be removed. 

The records with reference to the different classes of lands 
owned by the State and held in trust by it for various institu¬ 
tions, have always been, and are now, distributed through three 
or four departments, neither of which is hardly complete with¬ 
in itself, but each, more or less, interdependent upon another, 
or upon all the others. 

To properly place these affairs in such shape as to accom¬ 
plish the most satisfactory results, a distinct department for 
the conservation and management of the State lands should 
be formed by reforming all the laws of the State in regard to 
the State lands. 

If this were done, more effective results would be obtained, 
and this would be accomplished at less expense than is incur¬ 
red under the present disorganized and incomplete method. 

It may be said further, that under proper management, the 
income from these lands in rents and royalties will far exceed 
the cost of their administration, and the proper adjustment of 
titles will be of lasting value to the people of the State. 

AGRICULTURAL DEPARTMENT. 

There is much unnecessary waste and expense caused by 
the present law which requires the tags unused to be destroyed. 
The purchase of these tags entails considerable expense and 
some method might be adopted by which several thousand dol¬ 
lars could be saved by the State annually. 

I therefore recommend that you carefully investigate this 
question and enact suitable legislation to prevent this unnec¬ 
essary expense. 

I have cited this instance in reference to tags:—it seems to 
me that there are other matters connected with this depart¬ 
ment by which unnecessary duplication and waste could be pre¬ 
vented and greated efficiency promoted and I would suggest 
that you give the matter careful consideration. 

DISTRICT AGRICULTURAL SCHOOLS. 

It is extremely doubtful whether the work of these schools 
justifies the appropriation now being made by the State for 
their support and maintenance. During my term new courses 
of study have been established seeking to make these institu¬ 
tions perform the work for which they were intended. It is ex- 



CLII 


tremely difficult, however, to prevent these institutions from 
doing purely the work of county high schools. Moreover, the 
work they do is but duplicating the work done at the Alabama 
Polytechnic Institute—scientific and practical agriculture. If 
we are to reform our educational system we must prevent waste 
through duplication. I do not believe the State is receiving 
proper returns for the money now expended and I therefore 
urge the appointment of a special committee to visit these in¬ 
stitutions, to take testimony and make a full and complete re¬ 
port, so that you can have proper information on which you 
can determine whether the State should longer continue to 
support and maintain these institutions. 

STATE MINE INSPECTORS. 

This department should be self-supporting. It is for the 
protection of the coal operators and their employees and I rec¬ 
ommend the passage of a law requiring a sufficient contribu¬ 
tion from each person, firm or corporation engaged in the min¬ 
ing of coal to support and maintain this department. 

PEE SYSTEM. 

At the general election in 1912 an amendment to the Con¬ 
stitution was adopted authorizing you to fix, regulate and alter 
the fees, commissions or salaries charged or received by the of¬ 
ficers of Jefferson county. The evils resulting from the fee 
system have already been fully discussed in this message. It 
is well known that the salaries now received by the officials in 
Jefferson county, owing to the fee system, are excessive, and 
there is an urgent demand from the people of that county that 
the present fee system be abolished and adequate salaries be 
fixed by law. 

I urge your careful consideration of this question. 

CONCLUSION. 

My failure to mention specifically the recommendations con¬ 
tained in the reports of the various departments does not mean 
that they have not received my approval. They will all be sub¬ 
mitted for your careful consideration. My message has been 
lengthy but this is due to the fact that by the provisions of the 
Constitution I can submit to you only once in four years the 
condition of the State and such recommendations as may be 



CLIII 


expedient. I will shortly retire from office and I take this oc¬ 
casion to thank you and the people whom you represent for 
the uniform courtesy and consideration I received, for the 
honor done me by my election and the opportunity given me 
of serving a people to whom I am endeared by every tie of af¬ 
fection and friendship. I have endeavored to outline in my 
message those reforms in our legislation which have been 
brought to my attention as the result of experience and which 
I believe will receive your careful consideration. The duty is 
incumbent upon you to secure every possible economy in the 
administration of the affairs of the State without lessening the 
efficiency of any department. The people of Alabama are not 
niggardly. They only demand that retrenchment or reform 
which will guarantee that every dollar expended of the public 
revenues shall be wisely and economically expended for a pub¬ 
lic purpose and that all waste or extravagance be avoided, but 
they would not be content, if through any spirit of economy the 
administration of the departments of the State government be 
weakened or the State’s activities in necessary fields of legis¬ 
lation curtailed. It is my earnest prayer that the blessing of 
the Most High will guide your counsels and crown your labors 
with abundant success. 

Respectfully submitted, 

Emmet O’Neal, 

Governor. 



CLIV 


MESSAGE 

OF 

GOY. CHARLES HENDERSON. 


To the Senate and Home of Representatives : 

It has been your fortune to assemble at a great history¬ 
making epoch, at a period when all the great nations of the 
world, excepting our own, are at war. In the midst of such 
gigantic conflict, our material interests have greatly suffered, 
and it is natural that our people look to their representatives 
with hopes. To what extent, or whether at all any such hopes 
can be fulfilled through you, depends largely upon circum¬ 
stances that at present seem to transcend the abilities and the 
mere acts of men. But whether you succeed or not, your con¬ 
stituents have the faith in your desire to be of service. They 
have given you this confidence and trust in your election, and 
in the desire to merit this confidence, we must all unite to 
bring into action the best there is in us to accomplish our aim. 

Among all the great problems that face us at present, none 
equals in importance, the widespread distress brought upon our 
people by the war. The assertion is generally made, that in 
this depression our people had no share'in the cause, and they 
were made the innocent victims of the passions of a far-off war. 
Are we really to lie held entirely blameless for our distress? 
For over ten years the South has been producing bountiful 
crops which have been selling at remunerative prices. The 
prosperity of this section had become the boast of the entire 
nation, and the world looked with envy upon us, for the wealth 
■we were reputed to be accumulating and rapidly storing up. 
And when the storm broke loose our wealth was gone, and we 
look upon ourselves as the poorest of the poor. For being bare 
of means after ten long years of prosperity, we cannot be blame¬ 
less. If we have been so improvident as not to forestall the 
probable days of distress by economizing, by laying by and 
providing, the punishment is not uninvited. But the lesson 
must be applied, and must be heeded henceforth. The history 
of civilization teaches that misfortunes are the best task mas¬ 
ters of humanity. Nations decay and degenerate from con- 



CLV 


tinuous prosperity. The best lessons given ns from these days 
of adversity, is, that greatness rises from defeat. We must 
draw from within ourselves the ability to relinquish desires, to 
struggle and to improve our habits, to manage and to encourage 
and to run our farms, as if they were mines and laboratories, 
wherein the smallest things are made to produce, and every par¬ 
ticle is weighed and measured. 

But turning from economics to political consideration, it is 
well we take cognizance of the feeling of distrust in the effi¬ 
ciency of our government, which existed at the time even when 
you were elected. This feeling, if anything, has been aggravated 
by the economic distress to which I have referred in the fore¬ 
going. We are, therefore, before the'people on trial, and will 
have to take under consideration many measures. In a subse¬ 
quent message, I shall discuss with you, more particularly, 
measures relating to our present economic condition. 

But, broadly speaking, we have been only too prone to enact 
legislation under stress of emotions, while in periods of calm, 
we have been inactive, when we should have been shaping and 
preparing for the storms. It is, therefore, my desire, to discuss 
today our habits, and if we could succeed in changing them to 
produce well balanced results, we have advanced considerably 
towards the accomplishment of good government. 

In your office as legislators, you possess a wide scope of 
power. Within the limit of the constitution, your field of 
action is a broad as the ever changing requirements and condi¬ 
tions demand. You are not even fettered by instructions from 
your electors, who have imparted to you the only mission, to 
work for our State and to promote the interest of its people. 

Much negligence of good has been committed in the past, 
by concentrating our minds just upon such legislation that had 
become the great issues of election campaigns. It resolved 
itself into nothing more than a scrap as to who could win, and 
a mere quarrel over issues that overshadowed others of great 
importance which failed of attention. 

The principles of government are sufficient to meet the needs 
of every condition as it arises. If any weakness become appar¬ 
ent they can be straightly charged to the inefficiency of those 
whose duty it is to execute the law correctly. But in the evolu¬ 
tion of time, nothing remains at rest. The constant change of 
conditions brings on new problems, all of which, however, you 
will find no difficulty in adjusting by care and diligence, and 
a due regard for the spirit of our fundamental law, which at 
all times should be kept alive. 



CLVI 


The hard times of the present have placed us in days of 
sobriety and self •examination. We feel the sting of past extrav¬ 
agance, and are paying the penalties of the wastes we have 
committed. And you are called upon to apply the remedy and 
repair the waste. 

There can be only two remedies from which to choose. Either 
to increase revenue or to cut expenses. But in weighing our 
present condition in the scales, it'will be impossible to increase 
revenues. As an example I wish to point to one department 
which alone in 1914 produced $200,000.00, and which, from 
present indications, will not produce over half as much during 
the current year. The next step then is to make a cut into our 
appropriations, and here the question asserts itself: Can this 
be accomplished without seriously impairing our government? 
Some would suggest the abolishment of useless offices and a 
horizontal reduction in salaries among government officials. 
The abolishment of useless offices is commendable and should 
be carried into effect. But the financial benefits therefrom would 
still be insufficient. The process of an horizontal cut in appro¬ 
priations and salaries would be an easy way to be sure, but 
yours is not the duty to follow the course of least resistance. 
Your action should have but one aim in view, that which tends 
to benefit the State and its interests. 

Our county and municipal governments that are clothed with 
legislative authority, have followed the lead of our supreme 
law-making bodies. Former legislatures have tried to check 
this tendency to extravagance by cities and town governments. 
Radical changes were enacted, which it is true were not new 
and untried, but, for all that, they have not proven to be the 
panacea it was expected of them to be. 

In our effort to secure thorough legislation, greater effi¬ 
ciency, I don’t think it is necessary to yield a particle in our 
veneration for the ancient institutions of government. I have 
faith in representative government, and to discredit it would 
be counter to good sense and to the law of freedom. The initia¬ 
tive and referendum are only the demands of the people to 
recall legislative action from your hands when you have failed. 
This exigency arises only after long endurance, and when hope 
has passed of the Legislature applying palliative measures. 

It is not difficult to discuss the course which produces dis¬ 
trust in legislative action. If our Legislature would only apply 
upon themselves, the requirements which they exact of others, 
much dissatisfaction would be prevented. For instance, our 
supreme law-making bodies of the states, as well as of Alabama, 



CLVII ' 


have examined into, and detected, the evils in municipal gov¬ 
ernment, and have attempted to apply the remedies. Yet, in 
doing so they have often ignored the fact that their own bodies 
have been inflicted with the identical disease. 

Such diseases are produced by permitting the rivalries and 
desires of local interests to obscure and contract our vision, 
when we come to look at the interest of the State as one great 
unit. There is a wide difference in viewing in viewing local 
interest, from interest of the State at large. In matters effect¬ 
ing solely the interest and wishes of your own localities, you 
are merely their representative, and it is proper you should 
strive to serve them. But, if in carrying out their wishes, it is 
necessary to take action that will effect the interest of the whole 
State, then we must rise above local pride, and serve no one 
but the supremacy of the State, to bow to the wish and will of 
the people of the whole State, and to what is best for the interest 
of Alabama. With a recognition of these principles, and with 
the consecration of our time and labor to the State, we should 
proceed with the work before us, discharging our duties in such 
a way that peace, prosperity and happiness may find with us 
an abiding place. 

To do this you must have knowledge of the affairs of the 
State. The constitution provides that both the retiring and 
incoming’ Governor shall give you information as to conditions. 
My distinguished predecessor has complied with this command, 
by placing before you the financial status of the State and 
giving to you the benefits of his own knowledge, gained from 
four years study and application to the affairs of the State. 
He has given you a complete history during this period. A 
review, by me, will necessarily contain many duplications of 
facts, but as each one of you draws his own deductions, varying 
with each presentation, the purpose of the' constitutional 
requirements is accomplished by keeping these conditions con¬ 
stantly before you. 


FINANCIAL. 

The tendency with us is to depreciate the things that are 
old, and to neglect needful repairs to the things we have, in our 
longing for methods that are new. The system for handling 
the State’s revenues as originally adopted and handed down to 
us, was ample for the requirements at the time, and is good 
today, if we will only adhere to the outline and develop it to 
meet the needs of the enlarged business. But as new sources 



CLVIII 


of income have been developed, we have permitted the system 
to become a patchwork, with too much laxity, and with two 
small an accountability, from those who handle the public 
monies. The greater the volume of business, the greater care 
in the supervision is necessary, and instead of abandoning the 
system, adherence to it should be the more exacting. 

The treasurer is the custodian of our finances, and the audi¬ 
tor does the accounting. Various departments of the State 
collect the revenues incident to the general conduct of their 
official duties, and appropriations are made to different depart¬ 
ments for contingent expenses, without proper restrictions. It 
should be required of every one who has to do with the collec¬ 
tion, or the handling of public money, to file an adequate bond 
and make daily settlements with the treasurer, with a corre¬ 
sponding report to the auditor. The use of the contingent fund 
by every department, should be subject to the approval of the 
Governor. 

The auditor’s reports are expected to reveal the financial 
condition of the State, but the law has failed to define what his 
annual report shall contain. Besides the receipts and dis¬ 
bursements, it should set out which of the appropriations that 
are payable during the last three months of the calendar year, 
are liabilities against the collections of the expiring fiscal year, 
and the auditor’s balance arrived at and presented accordingly. 
This may seem superfluous, but how many are there among 
you who can agree as to what the financial condition of the 
State was at the close of any fiscal year? 

The report of the auditor for October 1st, 1914, the firsl 
day of the current fiscal year, shows that there were $130,299.15 
in the State treasury. It further shows that the outstanding 
warrants amounted to $950,202.01, with a temporary loan of 
$100,000.00. The apparent deficit is $919,902.86. This, of 
itself, does not, in my opinion, represent the true condition of 
the State’s finances. We must know the amount of the obliga¬ 
tions, or appropriations that were intended to have been paid 
during the current calendar year, out of the collections made 
during the fiscal year previously closed. As to what was the 
true condition of the State’s finances at the end of any fiscal 
year, has been a mooted question with each succeeding adminis¬ 
tration. In search of^this information, different methods have 
been used by the various administrations, and the ideas adopted 
have been as varied and numerous as the individual effort along 
this direction. We, sometimes, find the method used by the 
same administration to be different when retiring, from those 



CLIX 


presented by him on his accession to office. These matters are 
not stated by way of criticism, but to emphasize the fact that 
you yourself should make careful study of the conditions, and 
satisfy your own minds, as to what is the financial status of 
the State, before insisting on any action whatever, that may 
effect the State’s revenues. 

The lack of this information, doubtless has been responsible 
for many of the liberal appropriations through which the pres¬ 
ent indebtedness was created. Let us look into and see what 
are the conditions of the State’s finances. 

On the 1st day of October, 1914, the outstanding warrants, 
less the amount in the treasury, were $919,902.86. The appro¬ 
priations for which warrants were issued during October, No¬ 
vember and December were $2,455,149.46. The entire receipts 
during this time were $1,316,650.63. How were these appro¬ 
priations which were due in October, November, and December 
intended to be paid? Surely not out of taxes that were not col¬ 
lectable until after December 31st, following. The constitution 
never anticipated there would be a deficit in the finances of the 
State greater than $300,000.00, and for this they made provi¬ 
sion. The Legislature only made provision for a loan of $100,- 
000.00. It looks reasonable, that if the law-making bodies of 
the State had intended these appropriations which are payable 
during the last three months of the calendar year, to be paid 
from the receipts of the current fiscal year, they would have 
made some provision by which loans could be made to meet 
them, and would not have depended upon its citizens anticipat¬ 
ing the payment of great sums, before they were collectable. 
To meet the payments to the schools, to the pensioners, and to 
provide for other necessary expenses during the last three 
months of the past several years, the State has relied upon the 
larger property owners paying their taxes before the law re¬ 
quired. 

The constitution provides for a three mill tax for education, 
and the Legislature levied one mill for the veterans. These 
are trust funds and were treated as such, until extravagance 
necessitated a commingling of all the funds of the State, to 
tide its finances through the calendar year. The educational 
special tax was intended to be disbursed throughout the same 
calendar year in which it was collected. The pension fund was 
originally made payable to the beneficiaries on the first day of 
October, at which time, it had all been collected, but this was 
afterwards changed to quarterly payments. The effect of that 
action was, to extend the period for the distribution of this 



CLX 


fund still further beyond the time of its collection. The same 
conditions apply to the three mill constitutional tax for educa¬ 
tion. The first requisite towards improving your financial con¬ 
dition is knowledge of your present status, and to have this, 
you must know what your obligations are, when they are due, 
and from what funds they are to be paid. It is neither the time 
nor the occasion to juggle with figures, and you should define 
and settle at the beginning of your labors, the method by which 
we shall arrive at the exact status of the State’s finances. It is 
well not only for the sake of comparison, but absolutely for 
intelligent guidance and action. 

For the purpose of reaching some conclusion and as a basis 
for calculation, let us accept as true that at least the pro-rata 
of the trust funds due the school, and the pension fund, for the 
last three months of the calendar year, were intended to be paid 
from collections made during the fiscal year ending September 
30th, and that the balance of the expenses were to be paid from 
collections of the current fiscal year. This is certainly the most 
liberal construction to be placed upon the acts of our law 
makers, and is a low estimate of the needs of revenue to meet 
expenses for these three months, under normal conditions. 

On October 1st, 1906, during the Jelks administration, there 
were fl,826,326.09 in the treasury, with no past due obligations. 
Was this all surplus? Not by any means, because there were 
$828,275.00 appropriations due in October, November and De¬ 
cember, for the payment of which, the taxes had already been 
collected. Of these unpaid appropriations $375,111.00 belonged 
to the school fund and $471,164.00 to the special tax pension 
fund. Deducting this would leave a surplus of $998,051.00. 

On the 1st day of October, 1910, the auditor’s statement shows 
there were $370,739.34 in the treasury. The disbursements for 
October alone were $571,634.70, while the receipts for the same 
period were only $159,070.77. This shows the fallacy of accept¬ 
ing the amount in the treasury at the end of the fiscal year, 
without taking into consideration any appropriations, as repre¬ 
senting the financial status of the State. 

Applying the formula heretofore presented, according to the 
auditor’s statement, will produce the following results for 
October 1st, 1910. Balance in the treasury $370,739.00. One- 
third of education fund $656,343.00. One fourth soldier’s fund 
$248,728.00. Deficit October 1st, 1910, $656,343.00. 

For 1914 the results would be as follows: Balance in the 
treasury $130,299.00. Unpaid warrants and money borrowed 
$1,050,202.00. One-third of educational fund $754,500.00. One- 



CLXI 


fourth of pension fund $253,845.00, leaving a deficit in 1914 
$1,928,248.00. 

The receipts for the four years, of the two preceding admin¬ 
istrations, from all sources, were respectively as follows: From 
September 30tli, 1906, to October 1st, 1910, $18,712,746.20, and 
for 1910 to 1914, $24,620,796.56, while the disbursements were 
for 1906 to 1910, $20,233,854.53 and for 1910 to 1914 $25,978,- 
926.00, showing expenses in excess of the reecipts during the 
eight years to have been $2,879,338.00, which amount is in¬ 
creased to over $3,000,000.00 by the release since October, of 
appropriations which had been held in suspense. This explains 
how the great deficit in the State’s finances was brought about. 
We were prosperous and had accumulated a splendid surplus, 
then the prodigal spirit took possession of us, and Ave not only 
spent what we had saved, but what we expected to save during 
continued prosperity. Daily we have surrendered to our desires, 
until the habit of the spendthrift has become chronic with the 
State, and the never-failing result is our portion. This is a 
vast sum, and even that, does not take into consideration any 
warrants that may have been issued subsequent to the report 
of the auditor, for any appropriations which had been held in 
suspense. It exceeds 30 % of the entire revenues of the State 
collected in 1914, which were the greatest in its history. It is 
equal to 8 % of the entire revenues for the four years of the last 
administration. The deficit during the last year alone was 
$466,023.94, which exceeds 7 % of the income of the State during 
1914. 

If the assessed values and income from other sources, should 
remain the same during the next your years as they were in 
1914, to curtail the appropriations only 7 % would leave the 
accumulated deficit untouched. To reduce appropriations be¬ 
low the revenues sufficiently to liquidate the whole deficit dur¬ 
ing the next four years, assuming the revenue will remain the 
same as in 1914, would require a reduction in appropriations 
of $948,085.00 annually below what they were in 1914. A 
greater sum than the combined salaries of all the officers of the 
State. To absorb this deficit would require a reduction of a 
little over 13% per year in our appropriations, for the next 
four years. You must bear in mind these sums are based on 
revenues of 1914, and if they should be decreased, it would 
demand a corresponding decrease in your appropriations. 

In addition to the appropriations which have been paid, or 
taken into account, in this presentation, there are a large num¬ 
ber which are being held in suspense. These I am informed will 
amount to nearly $1,000,000.00, possibly more. The question 


6 GA 



CLXII 


that instantly presents itself to your minds, and to my own 
also, is how can this intricate proposition be handled without 
impairing the efficiency of the State government? To make 
horizontal cuts in appropriations to such an extent, that the 
deficit will be liquidated in your years, and leave the heads of 
the different departments to work out their own system of 
existence, would result in confusion worse confounded. You 
could not expect to secure satisfactory results in this way. Dis¬ 
satisfaction would only be increased. Let us apply ourselves 
to the proposition, and strive to improve on the. efficiency of 
the government, with less expense to the taxpayer. If we 
should succeed in this, our reward shall be the self-conscious¬ 
ness of a duty well performed. 

Suppose, first, you repeal every suspended or conditional 
appropriation. They are commonly designated as having 
strings tied to them. The strings are liable to break at any 
time, and are a standing menace to the treasury. 

With these out of the way, pass your revenue bill and we 
can then make a fairly correct estimate of what the revenues 
will be for your disposal. The proper way it appears to me 
to handle this deficit, especially in view of the financial condi¬ 
tion of the country, is to make provision for temporary loans 
to the full amount of the constitutional provision, and fund the 
balance of the deficit. This is the practical view to take of 
the situation, and of the conditions, as we have found them. I 
don’t think these bonds should extend over a long period, but 
absorbed out of current funds during the next ten years. Such 
securities cannot be sold to the same advantage as long term 
bonds, but as this indebtedness was created through extrava¬ 
gance, we should practice self-denial, that we may not soon 
forget the way of the transgressor. With the proposed consti¬ 
tutional amendment authorizing the bonds, there should be 
another submitted as a companion, one that will act as a stay 
against the subsequent Legislatures making appropriations 
beyond the probable revenues of the State, and at the same time 
provide for more mature thought and consideration to the needs 
of the different interests in the State. This amendment should 
provide for the appointment of a commission, which shall meet 
at least six months before the assembling of the Legislature, to 
suggest revenue measures and to make up a budget for legisla¬ 
tive consideration, to be published for at least three months 
before the assembling of the Legislature. The Legislature to 
have authority only to approve, disapprove, or decrease the 
appropriations submitted in the budget, as presented by the 
commission. This would give the opportunity for mature study 



CLXIII 


of the conditions over the State, and we would then have more 
intelligent and business-like action than is possible to have 
under the present system. It would prove a strong guarantee 
against any repetition of the conditions which you now face, 
and its value to the State, would be greater than the amount of 
the present deficit. 

Having ascertained the financial condition of our affairs 
and made provision for the deficit, we should now give our 
attention to the different departments, and reorganize them on 
a thoroughly efficient basis. 

TAX SYSTEM. 

Taxation being the channel through which the State derives 
its revenue, you should be careful to adhere to a well defined 
system avoiding division of the same class of Avork between 
officers whose principal duties are of an entirely different na¬ 
ture. The collection of revenue for the State is really a part 
of the financial system and must be treated with the same 
exactness. 

The amount of contributions to the cause of government, 
national, State, county and municipal is estimatedto be around 
$130.00 for an average family with an income of $850.00 per 
annum. This is a heavy cost for government and a large per¬ 
centage of the income of the individuals who make up the 
government. This not only emphasizes the necessity of econo¬ 
mizing, but for the equal distribution of the burdens also. 

The amount paid for the support of the national govern¬ 
ment is little considered by the average mind, as it is largely 
collected through indirect sources. This is an easy method to 
secure revenue, but the State discarded this relic of autocratic 
days, because of its tendency to encourage profligacy against 
which, the framers of our constitution attempted to safeguard 
the interest of the people, by restricting the taxing authorities. 
But there seems always to be some way in which to circumvent 
the spirit of that instrument if the desire exists, and the neces¬ 
sity of conditions seems to justify such action. The continual 
increase in our expenditures have required a corresponding 
increase of revenues, and to keep pace with the demand for more 
money new sources of taxation have been developed, until the 
people have become vexed and impatient at the periodical de¬ 
mand for a still larger share of their earnings. 

It is not only the increase in tax which has to be paid, but 
the uncertainty of liability and the manner in which it is 
secured. Fee officers, with their attending cost, often greater 
than the addition to the State’s revenue, causes friction and 



CLXIV 


creates a feeling of distrust. It is contended by some that we 
should have a change in our constitution to settle our tax 
problem, but we are working under the present law and it is 
for us to improve on what we have. 

We do want a more settled condition and a definite under¬ 
standing of what is expected of the tax payer. We know that 
revenue is necessary, and few object to paying their just propor¬ 
tion of governmental dues. But they want to be satisfied that 
the affairs of the State are being efficiently administered and 
that the sources of taxation are so defined that, they will not 
be called upon to pay a double tax on the same property. In 
my opinion, we have too many ways of collecting taxes from 
the same subject. Public utilities are assessed by various boards 
with conflicting ideas of valuation. If this work can ne consoli¬ 
dated so as to include every species of value into one assessment, 
it would result in less labor, and a decrease of friction. All 
values of these properties whether from franchise, grants or 
investment, are reflected in their income, provided all of their 
properties are used in operation. This income can be capi¬ 
talized, which should approximate true values. 

The question of assessments on solvent credits has recently 
become a disturbing factor. The taxing of this species of prop- 
erty was supposed to have been obsolete, until recently resur¬ 
rected. Solvent credits are, and should be classed as property 
as other values, but the cases are rare that individuals, or 
institutions, should be required to pay on the face value of 
their holdings at any given period, although they may all be 
solvent. 

For a long number of years, solvent credits were regularly 
assessed with some qualifications, but later was thought to 
have been supplanted by a privilege tax on recorded evidences 
of debt. This privilege tax Avas small, only 15c per hundred 
dollars or a fractional part thereof, but the revenues derived 
from this tax were greater than that before received from the 
tax on solvent credits. It appears to me that we should extend 
this principle by requiring a similar tax upon all written con¬ 
tracts for the payment of money. The burden would be light, 
and the uncertainties of valuation in this species of property 
would be removed. This is the practical plan of securing reve¬ 
nue from invisible property of this nature. This wmuld have 
to be collected through the sale of stamps, and in that particu¬ 
lar, Avould be a radical departure from our usual custom. We 
have levied certain charges against the banks to cover the cost 
of this supervision, and the same principle is used to sustain 
the agricultural department. In fact, this method of making 



CLXV 


supervision self-sustaining has become a fixed practice, and 
applies to practically every species of industry where super¬ 
vision is required, Avith the exception of mining. We should 
have the most approved mining laws and strict supervision and 
enforcement of same. This is now costing the State a consid¬ 
erable sum annually, and I can see no good reason for making 
an exception to the general practice, in this particular line of 
industry. The special tax should not be greater in the aggre¬ 
gate amount, than is necessary to pay the expense of the super¬ 
vision. This would be a light charge upon the output of the 
mines and it appears to me a just exaction. 

We also have fallen into the habit of exempting certain 
lines of industries from taxation for stated periods. This dis¬ 
crimination in taxation was instituted for the purpose of 
encouraging the investment of capital in favored industries but, 
I doubt if it has ever been the means of inducing the investment 
of any capital Avhatever, Avithin the State. All property should 
be required to pay its just share of the burdens of government 
and to recognize a contrary principle is simply to invite practices 
in the effort to secure favorable legislation, that are insidious 
in their nature and tendencies. 

The back tax commissioner has served his usefulness. Like 
all fee systems, it will at times be abused. With the elimina¬ 
tion of this office, Ave must revise our methods and change the 
relation of the county assessor by effecting a complete coordi¬ 
nation between his offiice and that of the State tax commission. 
We can never have a fair and proper equalization of values 
unless we place the Avhole assessment machinery under the 
control and supervision of one board. The State tax commis¬ 
sion should be the head, with the county assessors as deputies, 
working in co-operation and to the same end. 

In addition to his other duties the county assessor should 
be required to make up a list of every individual, or corpora¬ 
tion subject to a license or privilege tax, Avith the amount due 
in each case, and for what purpose, and deliver the same to the 
tax collector, Avho should be required to collect all licenses as 
other taxes. A duplicate of the list given to the collector should 
be transmitted to the auditor. This Avould provide for the col¬ 
lection of the automobile, and other license taxes, that are at 
present collected through various fee officers. The tax collector 
should also be required to make daily settlements with the 
auditor and treasurer. The idea is, you have provided for a 
line of officers to perform a particular branch of service, then 
why scatter this work by placing a part of it with other officers 
whose main duties are of an entirely different nature and with 



CLXVI 


different purposes in view. There should be a fitness of things to 
secure the highest efficiency. 

FEE SYSTEM. 

This is one of the systems that has been handed down to us 
from the time of the formation of our government. It was 
intended as an incentive to official action. The districts were 
then thinly populated, and the State and counties could not 
afford to attach sufficient salary to every position to make it 
inviting for those who were competent to fill the office. Condi¬ 
tions have changed and, to a great extent, we have outgrown 
the necessities for continuing this method of enforcing our laws 
and collecting our revenues. 

From the great number of arrests that are made, with the 
large percentage of dismissals without trials and failures to 
convict, it would seem that the fee system is used not only to 
the embarrassment of those who become unjustly meshed within 
its folds, but also to the detriment of the State in general. 
The practice of instituting frivolous prosecutions in misde¬ 
meanor cases, is a growing evil, and a menace to labor condi¬ 
tions both at the industrial centers and in the rural sections 
of the State. It may be that many of these practices can be 
abolished without the discontinuance of the system, as applied 
to some sections of the State, but there are some offices in 
which it should be discontinued altogether, especially where 
used as a reward for official action. I commend this to your 
careful investigation and consideration. 

COUNTY AND MUNICIPAL GOVERNMENT. 

Our county and municipal governments suffer from the 
same ills that afflict the State government. Those w T ho are 
chosen to legislate, are voted for by an electorate of only a por¬ 
tion of those whom they are expected to serve. This seems to 
contract the views of the elected officer, because he feels himself 
under obligations to his immediate supporters. In matters 
relating to improvements or appropriations, he will often per¬ 
mit the rivalry of such local interest, to obscure his broader 
outlook for the welfare of the entire unit. 

I am sure the electorate of municipal politics needs purifica¬ 
tion. A vote that could not be assailed for venality, and self- 
seeking would greatly aid the character of municipal govern¬ 
ment, and it would purify it and place it on a higher plane. 

The theory is maintained that State legislators, boards of 
revenue and councilmen represent the particular interest of the 



CLXVII 


respective units that elect them. That the officers therefore 
because of the servant of such smaller interest must subserve its 
interest to the exclusion of the larger unit. If this be the true 
principle, representative government would be an absurdity. 
To overcome this defect in representative government and make 
it practicable and sensible, it becomes necessary to concentrate 
the authority and fix responsibilities for official action. j 

The last Legislature created a general law for a commission 
form of government, applicable to municipalities, though its 
adoption by the towns lias by no means become general. Our 
municipal code should be amended so as to require the elec¬ 
torate of the entire towns and cities to elect the councilmen 
from each ward. The mayor should be required to make up 
and present a budget in writing to the council. This budget 
should specify all contracts involving the expenditure of money, 
or appropriations for any purpose. The authority of the coun¬ 
cil should be restricted to the adopting, the reducing, or the 
disapproval of such recommendations. This will place in the 
hands of the executive officer of the cities and towns the abso¬ 
lute control of the finances, with the council acting only as a 
balance wheel. The mayor then will be responsible for the 
financial condition of his town and a greater efficiency in ad¬ 
ministration, greater economy and greater purity in politics 
will be the result. 

No change has been attempted in the form of our county 
governments and the present system has been handed down to 
us from colonial days. 

The county permeates our political, legislative and adminis¬ 
trative machinery. It is the unit of law enforcement, for all 
legislation and party political organization. It has been slow 
in taking up any of the reforms applied to other divisions of 
government. No models have been presented, and it is difficult 
to improve with no examples to copy. Yet, the financial condi¬ 
tion of many of the counties of the State and of their affairs in 
general would indicate a change should be made. If concen¬ 
tration of authority and responsibility bring better results in 
the administration of the affairs of our towns and cities, why 
will it not produce similar results for counties. County com¬ 
missioners should be elected from their respective districts as 
required at present, but by the county at large. In this way 
you will secure familiarity with local conditions existing in 
the various sections of the counties, and will more nearly obtain 
action by them in behalf of the interest of the whole county as 
a unit. There should also be a fixed limit to the amount re¬ 
ceived in the way of salaries, during any one year. 



CLXVII1 


The judge of probate should be the executive officer of the 
county with the capacity of chairman of the board of commis¬ 
sioners, with the assistance and co-ordination Avith the other 
officers of the county. He should be paid by the county a fixed 
salary, and the fees of his office should be turned into the coun¬ 
ty treasury. He should be required to present to the commis¬ 
sioners in writing every contract involving the expenditure of 
money and other appropriations, and the authority of the board 
of commissioners should be limited in the same manner as that 
suggested for councilmen of cities. Under our present system 
no one is accountable for the financial condition of the counties, 
and their indebtedness is limited only by their ability to pro¬ 
cure loans. The system of accounting should be uniform and 
all stationery used by its officers should be of a certain pre¬ 
scribed form, purchased from such dealers as may be designated 
by the State auditor, after prices have been determined through 
competitive bids, arranged and agreed upon by the proper 
board. These changes would result in material benefit, both to 
the State and counties, in various ways. 

It would be of benefit to enact some legislation making it im¬ 
perative upon any bonded officer to be bonded by an approved 
surety company, instead of permitting bonds by private parties. 
There should be an economy enforced by abolishing unneces¬ 
sary petty courts as well as unnecessary officials. The county 
commissioners should be authorized to fix the salaries of the 
county treasurers, but with maximum limitation. 

EDUCATIONAL. 

This is the greatest and one of the most important depart¬ 
ments of the State government, and the one on which your most 
skilled constructors should be engaged. The appropriations by 
the State to the cause of education have increased rapidly, in 
fact, they have more than kept pace with the general expense. 

If, however, the State should continue indefinitely the 
method which has been in vogue, that of creating new schools 
and establishing parts of new systems, without separate and 
distinct control, and the appropriations to them independent of 
any well defined system, Ave aa ill aw aken some day, to the fact, 
that the State has more of a political system for training the 
children, than an educational system. It Avould be on the basis 
of self-interest and self-advancement Avhich is the most persist¬ 
ent and insidious of all politics. Your investigation into this 
department should be with the view of eliminating such dan¬ 
gers and bringing about a complete co-ordination of the schools 
of the system Avith appropriations relatively fixed. 



CLXIX 


The amount expended during 1914 by the State for educa¬ 
tional purposes was $3,344,131.20. This was more than one-half 
the total revenue of the State for that year. Yet the demand is 
always for more funds, under the plea that Alabama stands 
near the bottom of all the States, in the scale of illiteracy. Some 
one must be at fault. Perhaps it may be in our system, or the 
lack of system. The amount expended by the State, for educa¬ 
tional purposes during the year of 1906, was $1,113,989.26, or 
less than one-third of that paid in 1914. The total revenues 
collected by the State in 1906, were $3,776,546.94, while in 1914 
they were $6,607,001.12. 

These comparisons are made simply as a matter of informa¬ 
tion to show the ratio of growth in appropriations for educa¬ 
tional purposes. 

The total amount contributed to the educational system of 
the State for 1914, was $4,475,059.00. Of this amount $531,- 
937.00 was appropriated by the cities, and by the counties $559,- 
991.00 through their local one-mill tax, and by the State $3,- 
344,131.20. In addition to the above, private and denomina¬ 
tional schools enrolled 17,820 pupils in 1914, the expense, of 
which we have no record, but should be added to the above, to 
ascertain the total amount paid for the cause of education in 
1914. 

There are in Alabama 432,551 white children of school age 
and 342,475 negro children. The enrollment of the former in 
the public schools was 74% and of the latter 43% of the total 
number. This was an increase in the enrollment of each over 
the previous year of 9%, while the enrollment to private schools 
increased during the same period 13%. More than one-half of 
the enrollment to the white private schools were in the elemen¬ 
tary grades. Our school term for 1914 was 135 days, an in¬ 
crease of two days over 1913. 

COMMON SCHOOLS. 

In discussing our educational system, to determine what im¬ 
provement can be made, we should first agree upon what is to 
be the purpose in educating the children of the State at the pub 
lie expense. I believe you will join me in the opinion that our 
prime object, should be, to enable the child to maintain itself 
honestly, and to add to the wealth of the world. The State 
should not be satisfied with any system that does not accom¬ 
plish this end. This must come through the common schools, 
if at all, as only a small per cent of the children of the State 
attend any other institutions. Of the money devoted by the 



CLXX 


State to education in 1914 $2,273,436.47 was for the common 
schools and in addition thereto $112,000.00 was paid for the 
maintenance of the normal schools of the State, which was a 
part of the common school system. 

Competent teachers are the first requisite towards obtaining 
satisfactory instruction. There are 10,038 teachers in our pub¬ 
lic schools, 7,522 white and 2,516 negroes. Of the white teach¬ 
ers 1,930 held life and first grade certificates, and 2,468 second 
grade and 2,578 third grade. The negro teachers grade as fol¬ 
lows: Life and first grade 146, second grade 510 and third 
grade 1,754. The indicates that our teaching force on an aver¬ 
age is deficient in education and training. 

For the purpose of training teachers the State has estab¬ 
lished six white normal training schools and one for negro 
teachers, besides contributing to two other normal schools for 
negroes. The total enrollment in the white normal schools for 
the past two years, has been 4,417, an average of 2,208 annual¬ 
ly. Of this total number attending during the two years only 
256 received the full course. There was an enrollment of 3,317 
in the negro normal schools for 1914, and of them 24*8 received 
the full course. This indicates that either a small percentage 
of those attending the normal schools intend to adopt teaching 
as a profession, or they are content with slight preparation. As 
to the training these students receive from such a short attend¬ 
ance, I suppose the course of study will disclose. It is evident, 
however, to my mind, considering the grading of the teachers of 
our elementary schools, and from the small proportion receiv¬ 
ing the full course in the normal schools, that these schools are 
not fulfilling their mission. The reason for this should be 
sought by you. 

The trouble may have been largely with the law making 
power. Each Legislature creates an additional normal school 
with a small stipend, insufficient to properly conduct a high 
school, and the following session slightly increases the appro¬ 
priation, provided the school can show a good enrollment. As 
a result, they are filled with students doing high school work 
instead of devoting their energies to teacher training, and the 
real purpose of the creation and maintenance of normal 
schools, to a large extent, is ignored. There has been more nor¬ 
mal schools created than the State can support decently. The 
number should be reduced and those retained should receive 
such support from the State as their demands require and con¬ 
ditions will justify. There has been too great an indifference 
on the part of the law makers as to the results obtained from 
these institutions. The system is the correct one and in my 



CLXXI 


opinion, should be retained as a part of the common school 
system. 

For years the cry has been for better supervision of the pub¬ 
lic schools. If we had thoroughly equipped teachers this would 
not be so important, but it ■nail always be advisable. Under 
present conditions, every educator, and those charged with the 
supervision of the school system, will tell you that this is the 
greatest need of the elementary schools. Instead, however, of 
working to obtain this much needed reform, it is being continu¬ 
ously pushed further away. Regardless of the competency of 
county superintendents, it would be impracticable for them to 
undertake to give proper supervision, with the present number 
of schools, in their respective counties. There are 4,727 rural 
schools for whites and 2,026 schools for negroes. The first ques¬ 
tion then for us to consider it seems, is one of consolidation and 
concentration. Our thoughts should be devoted towards bring¬ 
ing this about gradually, and in such a way as to prevent fric¬ 
tion. The aid to school buildings, as distributed at present, is 
erecting a barrier to what is claimed to be a necessary requisite 
to an efficient school system. The application of this appropri¬ 
ation can be changed, so as to aid in bringing about the results 
so much desired. Such appropriations as may be made from 
the general fund should also be used as an incentive to the same 
end. I am simply calling your attention to some of the incon¬ 
sistencies of our educational system, that you may know how 
deep you must dig in relaying the foundation, before you can 
give thought to the superstructure. This foundation needs the 
work, and there is where your best talent should be devoted. 
Alabama is devoting a larger per cent of her gross revenue to 
education, than any other State, and has reached the limit for a 
time. Only 24% of the school fund is supplied by the localities, 
and the State pays 76%. There should be at least an equal dis¬ 
tribution of the expense between the State and the units served. 

High schools were created by the Legislature in 1907, and 
the appropriations for their maintenance were increased dur¬ 
ing the session of 1911. High schools are a valuable adjunct to 
an educational system, but are always considered local institu¬ 
tions, and the districts in which they are located should have 
been required to pay one-half the cost of maintenance. They 
are intended to be in the reach of those that they are expected 
to serve, and their enrollment will show this number to be very 
limited. Their establishment was premature, -but we have them, 
and they should be continued as part of the system in such way 
that they may produce the greatest possible benefit to the cause 
of education. The locations for these schools were naturally 



CLXXII 


fixed in towns or villages, where children were thickly congre¬ 
gated and where systems probably extending to the 10th, or 
12th grades were already in existence. The effect has been, in 
many instances, to weaken the elementary schools that exist in 
their respective localities, by lessening their supervision and 
decreasing the course of instruction. It appears to me that 
their usefulness would be increased, by consolidating them with 
the elementary schools of the same localities, and placing them 
under a common supervision.. I am sure, it would be to the ad¬ 
vantage of those whom they serve. In counties in which no 
high school has been located, if there be such, I would suggest 
that the present system, of establishing the high schools, be sus¬ 
pended, and in their stead, the amount of the appropriation 
made to each county, be used to develop consolidated schools, 
and to extend the curriculum of such schools to ten grades. 
Here is the opportunity and place for the department to test 
the virtues of consolidation. 

AGRICULTURAL AND MECHANICAL COLLEGES AND DISTRICT 
AGRICULTURAL SCHOOLS. 

If you have observed closely, you have discovered that the 
trend of my thoughts in outlining a system for the State’s af¬ 
fairs, is an arrangement according to the fiitness of things. 

The natural resources of Alabama are unlimited, and we 
have made rapid strides in increasing our wealth. Unto whom 
much has been given, of him much shall be required. Our re¬ 
sponsibilities are as great as our resources, and to discharge 
these duties commensurate with the demands upon us, calls for 
the development of the youthful mind into one of the self-reli¬ 
ance and independence, with a dvotion to the highest principles 
of life. Some of these schools are doing good individual work, 
while others are merely existing, but the usefulness of the bet¬ 
ter one can be greatly increased by a coordination with the com¬ 
mon-school system of the State. If this cannot be brought 
about satisfactorily to you, then you should pursue a different 
line of action. Make a common cause between all the institu¬ 
tions of learning, and create in each of them a desire to accom¬ 
plish the particular purposes for which they were established 
as a component unit in a greater system. 

MONTEVALLO SCHOOL. 

The school for training girls at Montevallo has a place of 
its own, near the heart of every Alabamian. It was designated 



CLXXIII 


to prepare young women to make their own way in the world, 
and is doing a splendid work. 

THE UNIVERSITY. 

We have great pride in our University. It has been growing 
at a rapid rate, and its influence is shown in manifold ways in 
every section of the State. It is the duty of the State to main¬ 
tain this great institution on a liberal scale, that facilities may 
be afforded to those who desire and seek advantages. 

You should enquire into and ascertain the manner of dis¬ 
posal and the results obtained from the increased appropria¬ 
tions for maintenance which have been made during the past 
several years, to the various educational institutions. The State 
has been liberal towards its higher institutions of learning be¬ 
yond its ability to maintain, and for the time being, they should 
be permitted to fully assimilate what has been extended to them 
that there be no waste. 


judiciary. 

The judiciary system is costing the State $259,447.28, rep¬ 
resenting an increase of $146,131.54 in eight years, or more 
than 135%, and yet we seem no nearer the solution of our trou¬ 
ble with the courts than before the increase in expense was in¬ 
curred. The right spot has evidently not been touched. 

The bar is responsible for the administration of the law, but 
they have been slow to agree on any measure of reform. It has 
been a subject of frequent discussion among the members of the 
bar, but the only results reached, are the expressions of its in¬ 
dividual members. 

Many courts have been created with the officers incident to 
their existence under the plea that they are needed to prevent 
undue delay in the administration of justice. The information 
has been given out, that some branches of the service have 
cleared their dockets for the first time in many years. 

From reading many opinions and decisions rendered by the 
courts, it would seem that our endeavors have been directed 
more towards perpetuating a system to avoid justice, rather 
than to see it prevail. This prolongs hearings and encourages 
litigation. If our legal procedure was changed, so that the 
merits of each case, rather than some technicality, engaged the 
skill of the attorneys it seems to me there would be fewer cases 
to be heard, and less labor devolving upon the courts. 

Every one charged with crime, or having a grievance against 
another, is entitled to a prompt hearing, but to secure this, it is 



CLXXIV 


not necessary to maintain the numerous courts we have estab¬ 
lished. Many of them have but little to do, while others are 
burdened with work. Those of us who are not a part of the sys¬ 
tem, and have little personal knowledge of the details, are nec¬ 
essarily dependent upon the advice and information to be 
gained from others. This should not cause us to defer the mat¬ 
ter, however, or shrink from our duties, because we all feel sure 
that reform is needed. 

It appears to me that a great injustice accrues from afford¬ 
ing litigants in matters of nominal value, appeals beyond the 
circuit court. The increase in the expense of the judicial de¬ 
partment, is spread from the highest to the lowest courts, and 
your attention is directed to the system as a whole. Since those 
who are accountable for the administration of the law, having 
failed to point the way, it is our duty to take the matter in 
hand, and institute such reforms in our methods of procedure, 
as well as in the organization of the courts, gathering our infor¬ 
mation from those who are well informed, as will justify de¬ 
cisive action. We should not hesitate or delay in bringing to 
the people the relief demanded. It would not be wise to rely 
upon the repeal of any particular courts. That would possibly 
bring relief in some instances, while in others the burden might 
be increased. Your action should contemplate the forming of 
a well rounded and equally proportioned system. To do this 
your action should contemplate a revision of the judiciary sys¬ 
tem as a whole, including every county and city court. 

AGRICULTURE. 

No interest that we have, directly affects so large a number 
of our citizens as agriculture. It is not only those who are en¬ 
gaged in this particular occupation, who feel the pulsating in¬ 
fluence of the harvest, but those in every avocation and walk in 
life within our boundaries. There has been a great advance in 
our methods during the past few years, but there is still much 
greater room for advancement. 

The national government is doing a good work in developing 
the intensive system of farming, and disseminating valuable in¬ 
formation regarding improved methods of agriculture, in all its 
branches. 

The State, however, has been rather backward in the move¬ 
ment and has given little aid that tends to the increase in the 
productive power of the soil. It is true we have our agricul¬ 
tural department, but under the compelling influence of the 
times, it has been looked upon as being of greater value on ac- 



CLXXV 


count of the large revenue it produces, than for its direct ben¬ 
efit to those engaged in agriculture. The receipts of this de¬ 
partment for 1914, were $193,692.14. This is the largest amount 
collected by it during its history. Present conditions would in¬ 
dicate that the revenues of this department for 1915 will likely 
be reduced one-half. This revenue is derived from a tax of thri- 
ty cents per ton on fertilizers, every dollar of which should be 
returned to the source from whcih it is derived, in teaching bet¬ 
ter methods, securing improved varieties of farm products, in 
locating the best markets, and in many other ways that would 
result to the direct benefit of those paying the tax. To use this 
money otherwise, makes class taxation, and has no place in our 
government with its declaration of equal benefits and advan¬ 
tages. 

It seems to me that much of these funds have been wasted in 
the past. Being an indirect tax it is easily collected and the 
department has been the omnibus to care for appropriations 
that the Legislature would not pay from the general fund. Let 
us not be satisfied with a department because it may have 
reached efficiency along other lines that are foreign to the pur¬ 
pose for which it was instituted, but insist that perfection can 
°W be attained by each department maintaining the highest 
efficiency in its own sphere of the government. 

CONVICT SYSTEM. 

The question of handling our annual army of convicts is a 
complex one. We are here dealnig with human units that oc¬ 
cupy a place distinct in our social structure. 

There are almost as many different theories to deal with the 
convict prbolem as there are varieties of crime. But in the 
practical handling of a large number of human beings, however 
kindly disposed and philanthropic we may endeavor to be, we 
cannot pay heed to impracticable, or visionary plans. 

It is not so long since, when State convicts were all confined 
within walls constructed for that purpose at one point. Here 
they were employed on adjacent farms, or assigned to such work 
as could be provided for them. The expense of the up-keep, 
however, exceeded the revenue derived from the labor, and the 
whole convict system of the period, developed into a serious 
drain upon the finances of the State. 

From this system there has gradually been evolved the pres¬ 
ent system, whcih is a combination of contract work with the 
old and original system. It has proven to be a great improve¬ 
ment, both in the care of the convicts and in its financial re- 



CLXXVI 


suits. The State employs a large number on its farms and in 
its cotton mills at Speigner, and though the farms have never 
proven to be profitable, it is well that a certain number of con¬ 
victs should be continued at this work. 

The average number of convicts in 1914 was 2,500, with an 
average manitenance cost for each of $338.36, per annum, or 
$28.19 per month. The receipts from the convict department 
for the past fiscal year were $1,162,493.18, the largest in the 
history of the department, while the expenses were $845,909.75, 
leaving a net revenue to the State of $316,583.43. This has been 
quite an item towards supplying funds to the ever increasing 
demand from appropriations. As with the State, so it is with 
the individual. Whenever success crowns your efforts with a 
balance on the right side of the ledger, it requires almost as 
much effort to protect the outcome of your success from the 
insistent demand of the public, as was required in its creation. 

The propaganda has been spread that the State’s exploiting 
its convicts for the purpose of profit, and in the heat of discus¬ 
sion, it has been charged that the result of the management was 
blood money, drawn from the toil of suffering and hopeless hu¬ 
manity. It has been demanded that our convicts should be em¬ 
ployed in the construction of our highways by which the State 
would be benefited and the condition of the convict improved. It 
has also been demanded that the convicts should not be em¬ 
ployed in any branch that would place them in competition 
with free labor, and that also is used as an argument that the 
proper employment of convicts is road building. I fully be¬ 
lieve that it should not be the sole purpose of the State to em¬ 
ploy its convicts for profit. But the practical side of adminis¬ 
tering the convict system must not be lost sight of. To be sure 
the safety and physical comforts of the prisoner must be pro¬ 
vided for. Sanitary laws must be observed, and the future of 
the convict after he leaves his prison, due regard must be paid. 
But if we are to apply humanitarian principles to criminals, 
the same principles must be applied to law abiding society at 
large against whom the criminal has offended. The criminal 
has been consigned to the care of the State to serve in punish¬ 
ment of violation of its laws. Thus a part of the expiation of 
his crime, is the labor and the servitude that is demanded of 
him, in such manner as will inculcate steady and industrious 
habits, at the same time, while the servitude is brought home to 
the law-breaker as his due reward. This must be accomplished 
within the best ability of the administration, without produc¬ 
ing the least drain upon the finances of the State, for the pro¬ 
tection and maintenance of its institutions. This can best be 



CLXXVII 


done, where conditions are such that the expense for guards will 
not be excessive. 

To prevent our convicts from competing with free labor, is a 
difficult proposition. They will strike at free labor no matter 
in what they may engage. It is claimed that certain road work 
may not be done unless it is performed by convicts, but that 
holds good with other branches of labor as well. 

In # performing contract work, the unit price should not be 
so low as to depress the wage scale of free labor. If any of the 
counties should desire the convicts for road work, they can be 
accommodated on liberal terms under State supervision. It is 
a fact, however, that but few counties work their own convicts 
on public roads. 

While we are grappling with a problem difficult of solution, 
we must cherish and aim at an ideal that finally may accom¬ 
plish our hopes. An ideal convict system, worthy to strive for, 
would be one that makes every provision for the physical wel¬ 
fare of the unfortunate convict. There he should be secluded 
from the outside world and provided with employment suffi¬ 
ciently remunerative, to pay all the expense incident to his sen¬ 
tence and servitude, and yet leave sufficient as an aid fund for 
the relief of his dependents and to provide for his maintenance 
for a reasonable length of time after his release. This would 
aid him in securing employment, to become self-sustaining with 
the promise of becoming a better citizen. Let us hope that such 
conditions be attained and that our endeavors in this depart¬ 
ment may be crowned with success. 

PUBLIC ROADS. 

More than 85% of our internal traffic must be conveyed at 
some stage of its distribution over our wagon roads. Nothing 
can be said that will give greater emphasis to the importance of 
improving our public roads. 

Every phase of our social and business life is so closely al¬ 
lied with the progress of road construction, that we can no 
longer treat with indifference the condition of our thorough¬ 
fares. 

The Legislature of 1911 created a highway commission, and 
made an appropriation of $134,000.00 per annum to be distrib¬ 
uted equally among the 67 counties of the State, on condition 
that the counties appropriate a like amount. This has proven 
a great incentive to road building. Scarcely a county in the 
State that has not availed itself of this opportunity to improve 
its highways. The result of this work can be seen in every sec- 

7 GA 



CLXXVIII 


tion of the State, in the general improvement of the farms ad¬ 
joining these improved highways. 

The maintenance of many of the roads which have heen con¬ 
structed at considerable cost, are seriously neglected. No road 
can be permanent, unless it has constant care, and the system 
must be applicable to the particular materials of which it is 
constructed, and the topography of the country through which 
it extends. Provision should be made for their preservation in 
as good condition as when completed, or there should be less 
expended on the original work. Unless we make provision for 
the care of the roads, we may awake to find ourselves with thou¬ 
sands of miles of improved roadways, and no funds for their 
maintenance. Maintenance should mean an improved condi¬ 
tion with each year, or else we are losing part of the original in¬ 
vestment. By the adoption of a proper system for maintenance, 
the poorer dirt-road, in the course of time, can be converted 
into one of splendid condition. Entertaining this view. T would 
recommend that the State suspend construction and work out 
a system of maintenance and ascertain the cost, and that such 
appropriation as may be made for the next four years, except 
possibly for the maintenance of the department, be confined to 
the amount received from the automobile license tax, and that 
it be used exclusively for maintenance. 

INSURANCE DEPARTMENT. 

There are other things that we should expect from this de¬ 
partment besides the collection of revenues. The office to which 
this department has been consigned, was created for duties en¬ 
tirely foreign from those we expect from an insurance commis¬ 
sioner, and it is impossible to obtain from this dual position, 
the results secured elsewhere. There was nothing to be saved 
from such an arrangement and much to .be lost in efficiency. 
Our insurance laws are not what they should be. Those who 
pay the premium for insurance, pay the license taxes, and there 
should be some legislation and machinery through Avhich result¬ 
ing benefits may accrue to them in return. 

LEGAL DEPARTMENT. 

The legal department of the State is looked after by the at¬ 
torney general and two assistants. In addition to the natural 
increase in the expense of this department by the addition of 
two assistants, there has been paid out of the treasury large 
sums annually for the hire of attorneys. 



CLXXIX 


If the present arrangement does not secure suitable talent 
to represent the State in important cases, we should change to 
some other method. 

There is no profession in which special training shows to a 
better advantage than in the practice of the law. The State is 
entitled to the best in everything. Instead of two assistants, if 
we had only one, designated as States counsel and whose en¬ 
gagement was dependent upon good behavior, we then could 
have an attorney trained in the service and ready to represent 
the State on any occasion. To secure the best talent, this should 
be one of the main purposes sought, the salary would have to be 
commensurate, but it would not be necessary for it to approach 
the sum paid out by the State during any one of the past eight 
years. 


PUBLIC UTILITIES. 

Our laws are ample for the supervision and control of the 
railroads. But as all public utilities are of necessity monopo¬ 
listic, there must be some restraining agency to protect the pub¬ 
lic against the possibility of oppression and extortion. If this 
regulation is to be of practical service, however, it must be just 
to the public utility company as well, for it should not in its 
terms become tyrannical so that it would destroy and strangu¬ 
late private enterprise. There are some who harbor extreme 
views and they desire that regulation should be carried to the 
full extent of the limit, regardless that such policy would make 
it impossible to procure private capital and to enlist enterprise 
for construction, the operation and the maintenance of public 
utilities. 

In order that a proper solution of the problem be accom¬ 
plished, it is necessary to confer upon regulating authority the 
power to prevent such abuses as utility companies are apt to 
practice, when left to absolute freedom. There is a vast field 
open for development of our State which needs must remain 
dormant, without the necessary capital. The welfare of the 
public and the successful regulation of any law depends alto¬ 
gether upon the ability and the discretion of the commission in 
charge of the duties to administer the law. The most liberal 
laws can be made oppressive so as to arrest development of our 
resources and produce utter stagnation. Thus greater evils 
may be brought to trouble us than any that could have existed 
under a system without control. The framers of the law can¬ 
not provide against such contingencies and must rely on the 
good sense of the public in selecting men of experience in af- 



CLXXX 


fairs, of good judgment and high character for the administra¬ 
tion of such laws as are enacted. 

The additional duties created by such legislation should be 
placed on the railroad commission. Within this legislation, 
there should be included the authority to control the stock and 
bond issues of utility corporations. Such regulations would be 
of two-fold value. It would confer protection to the investing 
public against excessive and worthless issues in one instance, 
and in the other, it would be reflected finally in better equip¬ 
ments, better accommodations and in moderate rates for service 
charged. It is my belief, that it will be good for the State, and 
it will bring about the more rapid development of its resources, 
if all proposed issues of stocks and securities of corporations 
within the State of whatever nature, be required to submit their 
plans to some commission for its approval, before they are au¬ 
thorized to issue such securities. Nor should the stock of cor¬ 
porations formed in other States, be permitted to be offered for 
sale within the State, until it has been approved by the State 
commission. . 

The purpose is not to restrict too much the issuance of se¬ 
curities of merit, but to protect the public from worthless stocks 
and at the same time to protect he corporations from them¬ 
selves. One disastrous scheme with its stocks in possession 
among a wide circle of people throughout the State, can do 
more to prevent the promotion of worthy enterprises, than the 
success of five good institutions. Instead of directing capital 
of our small investors to foreign securities, we should aim to 
present an inviting field for investment to our own people, with¬ 
in the borders of our own State. 

INDUSTRY, LABOR AND CAPITAL. 

That government is best which promotes the welfare and 
happiness of its people. It is therefore necessary that those in¬ 
terested with the government should be familiar with every 
walk of human life. Without such knowledge, it would be dif¬ 
ficult to attempt to reconcile the differing interest by which we 
must undertake to place the State in the front rank of commer¬ 
cial activity. 

Society is composed of elements of which each have its own 
cares and interest. Each of these elements have its claims 
which often conflict with those of others, and yet the composi¬ 
tion of society is such that one element depends upon the other. 
Within society there are therefore conflicting aims and when 
legislation is called in to enforce its arbitrament, it is difficult 



CLXXXI 


to say whether it will provide success on one side or content¬ 
ment on the other. Questions that involve the welfare of so¬ 
ciety cannot be solved offhand. They have to be approached 
with care and weighed at the time, until we have attained that 
condition where differences will be minimized and all friction 
adjusted by impartial bodies. 

The present system of dealing with those injured in pursuit 
of their daily labors is not only wasteful and uncertain, but 
productive of anatgonism between the workman and employer 
An equitable compensation law would not only bring about im¬ 
proved relations between employer and employee, but would 
promote the safety of the workman. But of greater importance 
than compensation, is really the accomplishment of safety to 
the workmen. If this aim is kept in view, such conditions as 
are liable to produce injury will pass away and experts will be 
employed to minimize danger, by the introduction of safety ap¬ 
pliances and preventives of accidents. The safety of the em¬ 
ployees should form a part of the fixed charges on the product 
of industry, whereby the cost is divided between the employer, 
the employee and the consumer, and so minimized that it prac¬ 
tically does not make itself felt. 

Perhaps with the industrial advancement of our State we 
may be permitted to build the hope of the eventual introduction 
of compulsory accident insurance in our factories, when the 
premium is graduated and adjusted between the employer and 
the employee and added to the cost of the product. The amount 
paid under our present system by the employer consequent to 
injuries, no doubt exceeds in the aggregate the claims that 
w r ould accrue under an equitable compensation act, but of the 
amount paid, only a small percentage reaches the injured or his 
dependents. 

Our State is rapidly becoming an industrial country and it 
devolves upon your action whether the courts shall be filled 
with damage suits, resulting in great economic waste to those 
engaged in industrial pursuits. I would recommend that you 
enact an equitable compensation law that the benefits which 
are to be derived from such legislation may ensue. 

Many of our working people from necessity have to resort 
to the “loan shark” to tide them over a short period before their 
regular pay day. Instead of continuing legislation against the 
loan company, it appears to me, the object of such legislation 
can be more certainly obtained by shortening the regular time 
in which the pay envelope is given the laborer, to two weeks 
instead of four. 



CLXXXII 


CHILD LABOR. 

The factory inspector who is charged with the duty of en¬ 
forcing the child labor laws of the State, in his report for 1912, 
in reference to these laws, says, “The laws pertaining to the em¬ 
ployment of children in Alabama are conspicuous by their am¬ 
biguity, inefficiency, inexplicitness and inadequacy.” We have 
regulated the railroads and public utiltiy corporations, to pro¬ 
tect the public from unreasonable exactions and abuses, and to 
husband the resources of these enterprises. We have also laws 
for the protction and perpetuation of our game, and laws to 
conserve our natural resources, but at the time, we are neglect¬ 
ing those for whose benefit these great properties are supposed 
to be in waiting. Human conservation should be the first con¬ 
sideration of those charged with making the laws. We may 
hoard our millions, our factories may supply the great markets 
of the world with their wares, and our navy may rule the seas, 
but the trend of our civilization depends upon the policies 
which the men with such authority as you possess, put into exe¬ 
cution, for the uplifting and protection of those upon whom we 
must depend to maintain and perpetuate our institutions. It is 
a question that should be dealt with in a way to secure uniform¬ 
ity of legislation by all the States. This cannot be done quick¬ 
ly, but we cannot afford to be indifferent, or inactive. I recom¬ 
mend that you enact such laws on this subject as will place Ala¬ 
bama fully abreast with the most advanced State, exposed to 
similar influences. 


THE CONFEDERATE SOLDIER 

It has been half a century since the Confederate soldier, 
after four years of bitter warfare in defense of principle, 
turned his face towards that which is dearest on earth, home; 
there to revive his fortunes, and start anew life’s struggles. 
Many of them were maimed and diseased, and have proven un¬ 
equal to the tasks. They have not many more years to be with 
us, and it is the duty of the State to extend its protecting hand, 
that their declining years may be passed in peace and comfort. 

The amount paid for pensions by the State, in 1914, was 
$1,013,432.30, which was derived as follows: One mill tax 
$575,284.49 and the balance of $438,147.81 additional appropri¬ 
ation. In addition to the above there was appropriated and 
used at the soldiers’ home located at Mountain Creek $19,- 
322.58. I would suggest that it be required of the judges of 
probate, to have the pension warrants delivered direct to the 



CLXXXIII 


beneficiaries. The R. F. D. carriers can be constituted notary 
publics for the purpose of attesting the signatures of the payee, 
when the warrants are sent by post. 

PRIMARY ELECTION LAW 

Our primary laws were instituted for the purpose of afford¬ 
ing each individual citizen an equal opportunity to designate 
his choice, in the selection of candidates to represent the polit¬ 
ical party with which he might be allied. 

As to whether this has been accomplished our primary elec¬ 
tion laws, is a subject of frequent discussion. Primary 
elections for nominating candidates, has won its wav into pub¬ 
lic favor, and has come to stay. It may have objectionable fea¬ 
tures, and by degrees, we may be able to eradicate them, but, I 
confess I see at this time, no satisfactory remedy. 

I commend to you a careful study of our primary election 
law for such action as you may determine will improve the sys¬ 
tem, but unless some definite remedy appears to you clearly will 
bring the needed relief, it would be wiser to leave it alone, that 
longer experience may suggest the proper course to be pur¬ 
sued. 


VARIOUS INSTITUTIONS AND DEPARTMENTS. 

The eleemosynary institutions of the State should receive 
your careful consideration. You cannot afford to be parsimo¬ 
nious in their management but you should ascertain facts as to 
their conduct, and grant what is needed. 

The law cretaing the banking department has had a most 
wholesome effect in the State, and the condition of our banks 
and trust companies have greatly improved under the wise pro¬ 
visions of this law, and the enforcement thereof. Many new 
banks have been organized, deposits have greatly increased and 
public confidence in State banks much improved. This branch 
of State government, therefore, has become one of the most 
important that you will have to consider. Depositors in banks 
are entitled to be protected to the fullest extent, and the wis¬ 
dom of the Legislature of 1911 in passing this law, is best evi¬ 
denced by the fact that few banks have failed and depositors 
therein have lost but little since the banking department was 
created. 

The fish and game law was intended as one for the conser¬ 
vation of the birds and other game. This law became necessary 
in this day of improved firearms and the destructive tendencies 
of man. Instead of being regarded as a department for revenue 



CLXXXIV 


it should be required to use its funds to produce and propagate 
more game. 

The authority given the department of jail and factory in¬ 
spector is to oliberal. The State has virtually lost all control 
and has subjected itself to unlimited demands for maintenance. 
There is no greater reason why this condition should continue 
with this department than there would be to apply the same 
principle generally, and make them applicable to every depart¬ 
ment of the State government. This same principle in the op¬ 
eration of our health department to a certain extent, extends to 
the counties and burdens are frequently created with no corre¬ 
sponding benefits. The paymaster should be permitted to ex¬ 
ercise some restraining hand, to prevent the dissipation of the 
funds and to secure a full measure of service in return for the 
expense. 

It is your duty and privilege to scrutinize every department 
of the State, that you may act with intelligence in putting into 
effect the economies demanded by the people. There are some 
departments that stand out prominently as being of doubtful 
benefit .and such should be discontinued. 

Of these I will mention the cotton statistician. This work if 
performed, would be a duplication of that done by the national 
government, and could be of no value to us. 

There is some demand for the retention of the immigration 
bureau under the claim that this will be an opportune time to 
secure desirable immigrants. This department to be of value 
would require a much larger amount for its disposal than it 
commands at present, but as the State cannot at this time de¬ 
vote a greater sum to this cause, it would be advisable to with¬ 
draw from it the support heretofore given. 

There are many other questions affecting the State’s welfare 
that should be discussed, but as this privilege extends to the 
executive throughout your session, I will reserve the right for 
future occasions. 

In conclusion let us offer up our spirit in the service of the 
State. Let us pledge our steadfast desire to help and serve the 
people of our great State. I would like to help and serve the 
people of our great State. I would like to share our responsibili¬ 
ties with all the people of Alabama, and therefore invite their 
co-operation, their voice, their help, and their advice, to give 
the State the service for which we have solemnly dedicated our 
time and our abilities. 

Chas. Henderson, 

Governor ; 



GENERAL LAWS 


AN ACT 


(H. 5. 


To promote temperance and suppress the evils of intemperance; to discour¬ 
age the use and consumption of alcohol, alcoholic, spirituous, vinous, 
malt, brewed and fermented liquors and other liquors, liquids, bitters 
apd beverages defined and set forth in the act, and substitutes or de¬ 
vices therefor; and to prohibit the manufacture, sale, offering for sale, 
keeping or having in possession for sale, barter, exchange, giving away, 
furnishing or otherwise disposing of the said liquors, liquids and bev¬ 
erages, (except the sale of alcohol in certain defined cases and upon 
certain defined conditions,- and except the sale of wine for sacramental 
purposes), the carrying on of the business of a brewer, distiller, recti¬ 
fier of spirits, or retail or wholesale dealer in liquors or retail or whole¬ 
sale dealer in malt liquors, and the keeping or maintaining of unlawful 
drinking places, which are declared to be common nuisances and are to 
be abated as such. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the term “prohibited liquors and bever¬ 
ages” shall include and be deemed to embrace the following: 
(1) alcohol, alcoholic liquors, spirituous liquors, and all mixed 
liquors any part of which is spirituous; foreign or domestic 
spirits or rectified or distilled spirits, absinthe, whiskey, bran¬ 
dy, rum and gin; (2) vinous liquors and beverages; (3) malt, 
fermented or brewed liquors of any name or description manu¬ 
factured from malt wholly or in part, or from any substitute 
therefor; beer, lager beer; porter and ale; and other brewed or 
fermented liquors and beverages by whatever name called; hop- 
jack, hop-ale, hop-weiss, hop-tea, malt tonic or any other bever¬ 
age which is the production of maltose or glucose, or in which 
maltose or glucose is a substantial ingredient; (4) any other 
drinks, liquors or beverages containing one-half of one per cent 
of alcohol or more by volume at sixty degrees Fahrenheit ; or 
any other liquors or liquids, manufactured or sold, or other¬ 
wise disposed of for beverage purposes containing said amount 
of one-half of one per cent of alcohol or more; (5) any intoxicat¬ 
ing bitters or beverages by whatever name called; but nothing in 
this act contained shall be construed to prohibit the making of 
wine from grapes, or cordials or other fruit, grown and raised by 
the person making the same for his own domestic use. 

Sec. 2. That the term “retail dealer in liquors” shall mean 
and be deemed to designate every person, firm, association or 


1 GA 



2 


corporation that sells, or offers for sale, any foreign or domestic 
distilled spirits or wines in less quantities than five gallons at 
the same time; and the term “wholesale dealer in liquors” shall 
mean and be deemed to designate every person, firm, association 
or corporation that sells, or offers for sale, foreign or domestic 
distilled spirits or wine in quantities of not less than five gal¬ 
lons at the same time; and the term “retail dealer in malt 
liquors” shall mean and be deemed to designate every person, 
firm, association or corporation that sells, or offers for sale, 
malt liquors in less quantities than five gallons at one time; and 
the term “wholesale dealer in malt liquors” shall mean and be 
deemed to designate every person, firm, corporation or associa¬ 
tion who sells, or offers for sale, malt liquors in quantities of 
not less than five gallons at the same time; and the term 
“brewer” shall mean and be held to designate every person, 
firm, association or corporation that manufactures fermented 
liquors of any name or description from malt wholly or in part, 
or from any substitute therefor; and the term “distiller” shall 
mean and be held to include every person, association or cor¬ 
poration that produces distilled spirits, or who brews or makes 
mash, wort, or wash fit for distillation, or for the production of 
spirits or who by any process of evaporation separates alcoholic 
spirits from any fermented substance, or who, making or keep¬ 
ing mash, wort, or wash, has also in possession or use a still. 

Sec. 3. That it shall be unlawful for any person, firm, or 
corporation or association within this State to manufacture, 
sell, offer for sale, keep or have in possession for sale, barter, 
exchange, give away, furnish at a public place or elsewhere, or 
otherwise dispose of the prohibited liquors and beverages de¬ 
scribed in section 1 of this act, or any of them, in any quantity, 
except as hereinafter provided; but this inhibition does not in¬ 
clude, and nothing in this act shall affect the social serving of 
such liquors or beverages in private residences in ordinary so¬ 
cial intercourse. Any violation of this section of this act shall 
be a misdemeanor punishable by a fine of not less than fifty nor 
more than five hundred dollars, to which, at the discretion of 
the court or judge trying the case, may be added imprisonment 
in the county jail or confinement at hard labor for the county 
for not more than six months for the first conviction; and on 
the second and every subsequent conviction of a violation of 
this section the offense shall, in addition to a fine within the 
limits above named, be punishable by confinement at hard labor 
for the county for not less than three nor more than six months, 
to be imposed by the court or judge trying the case. 



3 


Sec 4. That it shall be unlawful within this State to carry 
on the business of a brewer, distiller, rectifier of spirits, or re¬ 
tail or wholesale dealer in liquors, or retail or wholesale dealer 
in malt liquors; and any violation of this section, whether a 
first or a subsequent offense, shall be punishable as prescribed 
in section 3 for violations of that section. The carrying on bus¬ 
iness as such brewer, distiller or rectifier of spirits, or retail or 
wholesale dealer in liquors, or retail or wholesale dealer in malt 
liquors, shall for each separate day that it is carried on consti¬ 
tute a separate offense, to be punished as prescribed herein. 

Sec. 5. That it shall be unlawful for any person, firm, asso¬ 
ciation or corporation, directly or indirectly to keep or main¬ 
tain, or in any manner to aid or abet in keeping or maintaining, 
any of the following places, which are hereby declared to be 
unlawful drinking places; (1) any place or resort where the 
prohibited liquors or beverages or any of them are kept to be 
drunk upon or about the premises by persons resorting there 
for that purpose; (2) any club room or other place in which 
are received or kept for the purpose of barter or sale, or use, or 
gift as a beverage, or for distribution or division among or fur¬ 
nishing to or for use by members of any club or association of 
persons by any means whatever the prohibited liquors and bev¬ 
erages, or any of them, referred to in section 1 of this act ; (3) 
any club room or room of any association of persons in which 
said prohibited liquors or beverages, or any of them, are kept 
or stored for the purpose of being drunk or consumed by the 
members of such club or other association of persons or their 
guests or others on the premises, or at or near the place where 
such liquors or beverages, or any of them, are kept or stored; 
(4) any place adjacent to or near the premises of any club, cor¬ 
poration or association, or other combination of persons to 
which members or their guests or others, by the permission of 
members, resort for the purpose of drinking the prohibited 
liquors and beverages, or any of them, that are kept at or near 
such place. Any of the places herein designated if kept or 
maintained shall be and constitute an unlawful drinking place, 
and the act of keeping or maintaining any such room or place 
shall be deemed a separate offense for each day that it con¬ 
tinues; and any violation of this section, whether a first or 
subsequent offense, shall be punishable as prescribed by section 
3 for violations of that section. Any place or room kept or 
maintained in violation of the provisions of this section shall be 
deemed to be a common nuisance and may be abated by writ of 
injunction issued out of a court of equity upon a bill filed in the 



4 


name of the State by the State attorney general, or any solicitor 
or prosecuting attorney whose duties require him to prosecute 
criminal causes on behalf of the State, in the county wherein 
the nuisance is maintained, or by any citizen or citizens of such 
county, such bill to be filed in the county in which the nuisance 
exists. And all rules of evidence and the practice and proced¬ 
ure that pertain to courts of equity generally in this State may 
be invoked and applied in any injunction procedure hereunder. 
Any chartered club or incorporated association or persons 
under the laws of Alabama that is guilty of violating any of 
the provisions of this section of this act, or maintains or keeps 
any such place as is hereinabove described, shall forfeit its char¬ 
ter, and such forfeiture may be declared by a proceeding in quo 
warranto against the club or incorporated association in a 
court of competent jurisdiction in the county where the unlaw¬ 
ful act is committed. 

Sec. 6. That wholesale druggists may sell in wholesale 
quantities to retail druggists and to public or charitable hos¬ 
pitals or to medical or pharmaceutical colleges, pure alcohol 
for medicinal purposes only, or grain alcohol to be used by 
chemists or bacteriologists actually engaged in scientific work, 
and for such purposes only, and such wholesale druggists shall 
at the end of each month in which any such sales have been 
made, file with the probate judge of the county in which they 
do business, a statement in writing giving the name of the pur¬ 
chaser, the price paid, the date of sale and the quantity and 
character of the alcohol sold. 

Sec. 7. That any retail druggist in this State who is him¬ 
self a registered or licensed pharmacist, or who regularly em¬ 
ploys a registered or licensed pharmacist, may sell in the man¬ 
ner herein set out, pure alcohol for medicinal purposes only; 
grain alcohol to chemists and bacteriologists actually engaged 
in scientific work and for such purposes only, and wine to be 
used for sacramental or religious purposes only; provided that 
nothing herein contained shall prevent such druggist from 
using alcohol in the compounding of prescriptions or other 
medicines, the sale of which would not subject him to the pay¬ 
ment of the special tax required of liquor dealers by the United 
States. Provided, that regularly licensed and practicing phy¬ 
sicians may purchase grain alcohol or pure alcohol in quanti¬ 
ties of not more than one gallon at one time, from wholesale or 
retail druggists and may use the same in compounding and 
dispensing remedies in the practice of their profession only. 

Sec. 8. That no sale of pure alcohol for medicinal purposes 



5 


shall he made except upon the prescription of a regular prac¬ 
ticing physician of this State, who before writing such prescrip¬ 
tion shall make an actual examination of the person for whom 
the prescription is issued, and said prescription shall be in sub¬ 
stantially the following form : State of Alabama, (. 

County). I, ., a regularly licensed and practic¬ 

al g physician under the laws of said State, do hereby certify 

rhat I have examined., a patient in my charge, 

and I do hereby prescribe for the use of said patient. 

of alcohol, and I further certify that the use of such alcohol is 
necessary to alleviate or cure the illness or disease from which 
such patient is suffering. Dated.. ., M. D. 

Sec. 9. No prescription shall be filled hereunder except 
upon the day upon which it is issued or the following day, and 
no more than one-half pint of alcohol shall be sold and deliv¬ 
ered on any one prescription, and when such prescription is 
filled it shall not be refilled, but shall be delivered to the drug* 
gist filling the same, and at the end of the month in which the 
same is filled, shall be filed by such druggist in the office of the 
probate judge of the county. In towns having a population of 
two thousand or more, no physician’s prescription shall be 
filled at any drug store of which he is the proprietor, or in 
which said physician has a financial interest, either as partner, 
stockholder or otherwise. 

Sec. 10. The retail druggists may sell in quantities not 
greater than five gallons, alcohol to be used in the arts or for 
scientific or mechanical purposes, and such druggist may sell 
in like quantities grain alcohol to chemists and bacteriologists 
engaged in scientific work and for such purposes only, and such 
druggists may sell in quantities not greater than one-half gal¬ 
lon, wine to be used for sacramental or religious purposes only. 
Any person desiring to purchase alcohol for the purposes set 
out in this section shall sign a written or printed statement giv¬ 
ing his name, residence and occupation, and the purpose for 
which he intends to use said alcohol, and he shall certify that 
said alcohol is purchased in good faith for such purpose and no 
other. 

Sec. 11. That it shall be unlawful to sell wine for sacramen¬ 
tal purposes, except to a minister, pastor, priest or officer of a 
regularly organized religious congregation or church, and any 
person desiring to make such purchase shall sign a written or 
printed statement giving his name and residence and the name 
and location of the church for which such wine is purchased, 
and he shall certify that said wine is purchased in good faith 









6 


to be used for sacramental or religious purposes and no other. 
The statements provided for in this and the next preceding sec¬ 
tion shall be filed at the end of each month by the druggist 
making the sale, in the office of the probate judge of the county. 

Sec. 12. All statements or prescriptions required by this act 
to be filed in the office of the probate judge shall be recorded 
and properly indexed by him in a book kept for that purpose 
which shall at all times be open for public inspection, and a cer¬ 
tified copy of such record, or the original statement or prescrip¬ 
tion with the certificate of the probate judge endorsed thereon 
showing that it has been recorded shall be prima facie evidence 
of the facts recited therein. For making such record the pro¬ 
bate judge shall be entitled to charge and collect for each pre¬ 
scription a fee of ten cents, and for all statements other than 
prescriptions, a fee of twenty-five cents, which shall be paid by 
the party filing the same. 

Sec. 13. That nothing in this act shall prevent the sale of 
wood or denatured alcohol. 

Sec. 14. That any person who violates any provision of this 
act shall be guilty of a misdemeanor. Any physician who issues 
any prescription hereunder, containing any false statement, or 
who sells, barters, exchanges or gives away any alcohol or uses 
the same, except in compounding and dispensing remedies in 
the practice of his profession, shall be guilty of a misdemeanor, 
and shall be debarred from the practice of his profession for 
one year; any person who shall sell any alcohol or wine in this 
State for any purpose other than herein allowed, or who shall 
fail to file in the office of the probate judge prescriptions and 
statements herein, shall be guilty of a misdemeanor, and any 
person who shall obtain any alcohol or wine in accordance with 
this act and convert the same to his use, shall be guilty of a 
misdemeanor, and any person so offending under any clause of 
this section, shall, on conviction, be punished by fine of not less 
than fifty nor more than five hundred dollars; and may also be 
imprisoned in the county jail or sentenced to hard labor for the 
county for not more than six months for the first conviction, at 
the discretion of the court or judge trying the case, and on the 
second and every subsequent conviction, in addition to the fine 
which may be imposed, shall be confined at hard labor for the 
county for not less than three nor more than six months, to be 
imposed by the court or judge trying the case. 

Sec. 15. That if any section or provision of this act shall be 
held to be void or unconstitutional it shall not affect or destroy 
the validity or constitutionality of any other section or provis- 



'< 

ion which is not in and of itself void and unconstitutional; and 
it is not intended by this act to interfere with the power of con¬ 
gress of the United States to regulate commerce with foreign 
nations and among the several States, and this act shall be so 
construed as to avoid conflict with that clause of the constitu¬ 
tion of the United States which confers upon the congress the 
power to regulate commerce with foreign nations and among 
the several States and with Indian tribes. 

Sec. 16. That this act shall be liberally construed so as to 
accomplish the purpose thereof, which is to promote temper¬ 
ance and reduce and discourage the use and consumption of the 
said prohibited liquors and beverages described in section 1 of 
this act, and any device or substitute for any of the prohibited 
liquors and beverages, including those beverages that are com¬ 
monly known and called “near beer,” such as White Top, Pabst 
Mead and other similar drinks and beverages, shall be held and 
deemed to be within the inhibition of this statute. 

Sec. 17. That all laws and parts of laws, general, local and 
special in conflict with the provisions of this act be and they are 
hereby repealed, and the following two acts are hereby expressly 
repealed, to-wit: (1) The act approved February 21st, 1911, 

(known as the Parks Bill) providing for elections to determine 
whether or not the manufacture and sale of spirituous, vinous 
or malt liquors should be legalized in counties voting thereon 
and whether such liquors should be sold by dispensaries or by 
private dealers, under license; and (2) the act approved April 
6, 1911, (known as the Smith Bill) regulating the manufacture, 
sale and other dispositon of spirituous, vinous and malt liquors, 
where authorized, regulating dispensaries, providing for excise 
commissioners and the disposition of license taxes, and for 
other purposes as therein stated: Provided, however, that the 
repeals herein provided for shall not affect any existing right, 
remedy, defense, or liability incurred, nor shall it affect any ac¬ 
tion or prosecution, civil or criminal, already commenced, or 
which may hereafter be commenced for any offense already 
committed,, or which may be committed prior to the taking 
effect of this act, nor any action or prosecution to enforce any 
right or penalty or punishment under any such repealed law; 
and as to all such cases the laws in force at the time of the 
enactment and taking effect of this statute shall continue in 
force. 

Sec. 18. That this act shall go into effect at 11 o’clock, P. 
M., on the 30th day of June, A. D., nineteen hundred and 
fifteen. 



8 


No. 2.) (H. 6. 

AN ACT 

To further suppress the evils of intemperance and to secure obedience to 
and enforcement of, and to prevent the evasion of, the laws of the State 
for the promotion of temperance and for the prohibition of the manu¬ 
facture of and traffic m or unlawful disposition of prohibited liquors 
and beverages; to provide for the abatement of liquor nuisances and the 
seizure and destruction of forfeited liquors and beverages, and to pre¬ 
scribe the procedure in such cases. 

Be it enacted by the Legislature of Alabama: 

Section 1. That if any person shall •willfully let or suffer 
any other person, firm or corporation to use any premises 
which he owns or controls for the illegal sale or manufacture, 
or other unlawful disposition, of spirituous, vinous or malt 
liquors, or any other liquors, liquids or beverages prohibited 
by the laws of Alabama to be manufactured, sold or otherwise 
disposed of in this State, or for use by a wholesale or retail 
dealer in liquors, or by a wholesale or retail dealer in malt 
liquors, or by a rectifier of spirits, or distiller, or for illegal 
storage or warehousing of such liquors and beverages he shall 
be guilty of a misdemeanor. 

Sec. 2. That the unlawful manufacture, sale, keeping for 
sale, giving away or otherwise disposing of any prohibited 
liquors or beverages contrary to the law of the State, or the 
carrying on the business of a retail or wholesale dealer in 
liquors, or retail or wholesale dealer in malt liquors, or the 
business of a brewer, distiller, or rectifier of spirits, shall at the 
option of the landlord or lessor, work a forfeiture of all the 
rights of any lessee or tenant under any lease or contract of 
rent of the premises where such unlawful act is performed, or 
such unlawful business is conducted by the lessee or tenant, or 
by any agent, servant, clerk or employee of the lessee or tenant 
with the latter’s knowledge or permission. 

Sec. 2i/ 2 . That the term, prohibited liquors and beverages, 
or the term, prohibited liquors or beverages, employed in this 
act shall include and be deemed to embrace the following: (1) 
alcohol, alcoholic liquors, spirituous liquors, and all mixed 
liquors any part of which is spirituous; foreign or domestic 
spirits or rectified or distilled spirits; absinthe, whiskey, 
brandy, rum and gin; (2) vinous liquors and beverages; (3) 
malt, fermented or brewed liquors of any name or description 
manufactured from malt wholly or in part, or from any substi¬ 
tute therefor; beer, lager beer; porter and ale; and other 



9 


brewed or fermented liquors and beverages by whatever name 
called; hop-jack, hop-ale, hop-weiss, hop-tea, malt tonic or any 
other beverage which is the production of maltose or glucose, or 
m which maltose or glucose is a substantial ingredient; (4) any 
other drinks, liquors or beverages containing one-half of one 
per cent of alcohol or more by volume at sixty degrees Fahren¬ 
heit; or any other liquors or liquids, manufactured or sold or 
otherwise disposed of for beverage purposes containing said 
amount of one-half of one per cent of alcohol or more; (5) any 
intoxicating bitters or beverages by whatever name called: in- 
cl tiding any device or substitute for any of the said prohibited 
liquors and beverages including those beverages that are known 
and called near beer, such as White Top, Pabst, Mead, and other 
similar drinks and beverages; but nothing in this act contained 
shall be construed to prohibit the making of wine from grapes 
or other fruit grown and raised by the person making the same 
for his own domestic use. 

Sec. 3. Whereas it is the public policy of the State to dis¬ 
courage the use and consumption of prohibited liquors and bev¬ 
erages, it is hereby made unlawful to advertise upon any street 
car or railroad car, or at any public place or resort, or upon any 
bill board, such prohibited liquors and beverages, or any of them, 
or the person, firm or corporation from whom, or the place 
where, or the price at which, or the method by which such pro¬ 
hibited liquors or beverages or any of them'may be obtained 
and any person, firm or corporation violating any provision of 
this section shall be guilty of a misdemeanor; and this section 
shall be liberally construed so as to prevent the evasion thereof. 
Any sheriff, constable or police officer is authorized to remove 
any such advertisement from any bill board or other public 
place, when it comes under his observation or is brought to his 
notice and shall do so upon the demand of any citizen. Any 
such advertisement containing the picture of a brewery, or a 
distillery or bottles, jugs, kegs, barrels, or boxes, represented 
as containing whiskey, beer, or other prohibited liquors and 
beverages shall be within the inhibition of this section. 

Sec. 4. That the keeping of liquors or beverages that are 
prohibited by the law of the State to be manufacturd, sold or 
otherwise disposed of in any building not used exclusively for 
a dwelling shall be prima facie evidence that they are kept for 
sale, or with intent to sell the same, contrary to law. 

Sec. 5. That the delivery of liquors or beverages prohibited 
by the law of the State to be manufactured, sold or otherwise 
disposed of, in or from any store, shop, warehouse, boat or other 



10 


vessel or vehicle of any kind, or any shanty or tent, or any 
building or place used for the purpose of traffic, or any dwell¬ 
ing house or dependency thereof if any part of the same is used 
as a public eating house, grocery or other place of common 
resort, shall be deemed prima facie evidence of sale or other un¬ 
lawful disposition. 

Sec. 6. That no sheriff, jailor, police officer, marshal or 
other person in charge of any jail or lock-up under any pretense 
whatsoever shall give, sell or deliver to any prisoner therein 
any spirituous, vinous or malt liquor, or any other liquor or 
beverage prohibited by the laws of Alabama to be sold, given 
away or otherwise disposed of, unless a reputable physician cer¬ 
tifies in writing that the health of such prisoner or inmate re¬ 
quires it; and in case of such certificate he may be allowed the 
use of the prescribed quantity of pure alcohol and no more; and 
any of said officers violating any provision of this section shall 
be guilty of a misdemeanor. 

Sec. 7. That every person who being employed upon any 
railway or street railway as engineer, conductor, baggage mas¬ 
ter, brakeman, switch-tender, flagman, motorman or signalman 
or person having charge of stations or the starting or regulat¬ 
ing or running of trains upon any railway or street railway, or 
being employed as captain, engineer or other officer of a vessel 
propelled by steam, shall be intoxicated while engaged in the 
discharge of any such duties, shall be guilty of a misdemeanor. 

Sec. 8. That every wife, child, parent or other person who 
shall be injured in person, or property or means of support by 
any intoxicated person, or in consequence of the intoxication of 
any person, shall have a right of action against any person who 
shall be selling, or giving or otherwise disposing of to another 
contrary to the provisions of law, any liquors or beverages, 
cause the intoxication of such person, for all damage actually 
sustained, as well as exemplary damages; upon the death of any 
party the action, or right of action will survive to or against his 
executor or administrator. The party injured, or his legal rep¬ 
resentatives, may bring a joint or separate action against the 
person intoxicated, or who furnished the liquor; and all such 
suits shall be by civil action in any court having jurisdiction 
thereof. 

Sec 9. That any person who conceals himself in any house, 
room, booth, enclosure, or other place and manufactures, sells, 
gives away, barters, exchanges or otherwise disposes of spirit¬ 
uous, vinous or malt liquors or any other prohibited liquors or 
beverages or who, by any device or subterfuge sells, gives away 



11 


or otherwise disposes of any of said prohibited liquors or bev¬ 
erages in violation or evasion of law, or who, in any house, 
room, booth, enclosure or other place, in such manner and un¬ 
der such circumstances as that he cannot be seen by persons 
from the exterior, manufactures, sells, gives away or otherwise 
disposes of any such prohibited beverages, contrary to law, 
shall be fined not less than fifty dollars nor more than five hun¬ 
dred dollars, and may also be imprisoned in the county jail or 
sentenced to hard labor for the county for not less than three 
months nor more than six months, at the discretion of the court 
or judge trying the case. 

Sec. 10. That if any person violates a provision of the fore¬ 
going section, upon complaint being made on oath before a 
justice of the peace or judge of the county court, or a judge of 
any other court, having jurisdiction of misdemeanors, or a re¬ 
corder of a town or city, that spirituous, vinous or malt liquors, 
or other beverages, or liquors prohibited by law to be sold, given 
away or otherwise disposed of in violation of law, and that the 
person committing such offense comes within the terms of the 
preceding section, and that such person is known or unknown 
to the person making the complaint, and that other parties 
present and participating in the tippling or drinking of liquors 
at such place are unknown to the person making the complaint, 
it is the duty of such justice or judge to issue forthwith a war¬ 
rant of arrest, for such party for the offense charged in the 
complaint and immediately place such warrant in the hands of 
a constable or sheriff, or chief of police, or police officer, who 
shall proceed at once to the place in which such violation of the 
law is alleged to have occurred, or to be occurring, and arrest 
all persons therein, and if such person executing the warrant is 
refused admittance, he shall force an entrance into the house or 
other place, and if necessary break in the door or other part 
thereof and arrest all persons found therein and carry them 
before the officer before whom the warrant is returnable, and 
thereupon such proceeding shall be had as if the warrant con¬ 
tained the name of each person so arrested, and a complaint 
may be framed and filed against the person so arrested, charg¬ 
ing them all as principals with the offense within the preceding 
section, and all persons present at such house and place loiter¬ 
ing therein, or drinking there, shall, with the keeper, be deemed 
guilty of the misdemeanor declared in the preceding section, 
and are punishable as therein declared. 

Sec. 11. That any person who is summoned as a witness 
before the grand jury to answer as to any violation of law for 



the suppression of intemperance, or prohibiting the manufac¬ 
ture, sale or other disposition of prohibited liquors or bever¬ 
ages, or the keeping or maintaining any unlawful drinking 
place, or liquor nuisance, and who fails or refuses to attend 
and testify in obedience to such summons, without good cause, 
to be determined by the court, is guilty of contempt and also of 
a misdemeanor and on conviction of such a misdemeanor must 
be fined not less than twenty nor more than three hundred dol¬ 
lars and may also be imprisoned in the county jail, or sen¬ 
tenced to hard labor for the county for not more than three 
months, at the discretion of the court or judge trying the case. 

Sec. 12. The witnesses before the grand jury to give evi¬ 
dence may be required to answer generally as to any offense 
against the laws of Alabama for the promotion of temperance 
and the suppression of intemperance committed within their 
knowledge during the twelve months next preceding, or as to 
any violation within said time of any law of the State prohibit¬ 
ing the manufacture, sale or other disposition of any of said 
prohibited liquors or beverages, or the maintaining of any un¬ 
lawful drinking place or liquor nuisance, and it shall not be 
necessary to first specially interrogate the witnesses as to any 
particular offenses, but a witness must not be prosecuted for 
any offense as to which he testifies before the grand jury; and 
the solicitor or any member of the grand jury may be a witness 
to prove that fact. 

Sec. 13. The judges of all courts empanneling grand juries 
shall give in special charge to said grand jury the liquor laws 
of the State, and those enacted for the purpose of promoting 
temperance and suppressing the evils of intemperance, and he 
shall instruct them to investigate and return indictments 
against all persons guilty of violating said laws or any pro¬ 
vision of them. 

Sec. 14 That grand juries shall have no discretion as to 
the finding of indictments for violations of the provisions of 
this act, or for violations of the provisions of any law of the 
State for the promotion of temperance and the suppression of 
intemperance, and it shall be cheir duty, if the evidence justi¬ 
fies it, to find and present indictments for every such violation. 

Sec. 15. That no clerk, servant, agent or employee of any 
person accused of a violation of the laws to promote temper¬ 
ance and to suppress intemperance, or prohibiting the sale, 
manufacture or other disposition of liquors, or beverages, shall 
be excused from testifying against his principal for the reason 
that he may thereby incriminate himself, nor shall any princi- 



13 


pal be excused for the same reason from testifying against any 
clerk, servant, agent or employee in such cases; but no testi¬ 
mony so given by any of said parties shall in any manner in any 
prosecution be used as evidence directly or indirectly against 
him, nor shall the party testifying be thereafter prosecuted for 
any offense so disclosed by him. 

Sec. 16. That it shall be unlawful for any person, firm or 
corporation engaged in the business of selling beverages to 
keep or store on the premises where said beverage business is 
conducted any prohibited liquors or beverages, the sale, offer¬ 
ing for sale, or other dispositon of which is prohibited by the 
law of Alabama, and any person so violating this section shall 
be guilty of a misdemeanor; and this section is enacted to pre¬ 
vent evasions of the law and to remove opportunity of evading 
the law by selling prohibited beverages under cover of the legit¬ 
imate beverage business. 

Sec. 17. That any person who within the State solicits or 
receives any order for spirituous, vinous or malt liquors, or any 
other liquors or beverages prohibited by the law of the State to 
be sold, or offered for sale, or otherwise disposed of in this 
State, in any quantity to be shipped into the State, or to be 
shipped from one point in this State to another point in this 
State, shall be guilty of a misdemeanor; and if such order be in 
writing parol evidence thereof is admissible without producing, 
or accounting for the absence of the original; and the taking or 
soliciting such orders is within the inhibition of this section, 
although the orders are subject to approval by some other per¬ 
son and no part of the price is paid, nor any part of the goods 
delivered when the orders are taken. 

Sec. 18. That the sheriffs of the various counties shall at 
least once every month, between the first and tenth days of the 
month, procure from the office of the United States internal 
revenue collector for the State the name of each person, firm, 
dr corporation to whom a United States internal revenue 
license, or tax stamp, has been issued as a wholesale or retail 
liquor dealer, or a wholesale dealer or retail dealer in malt 
liquors, or a brewer or rectifier of spirits, and the name of each 
person, firm or corporation that has complied with the laws of 
the United States to become or carry on the business of a dis¬ 
tiller in his county, and such sheriff shall immediately there¬ 
after cause to be published for two successive weeks in some 
newspaper in his county in such black type as will call special 
attention thereto the names of said parties, together with the 
location of their places of business, giving street number when 



14 


obtainable. For such services the sheriffs shall each receive the 
sum of twenty-five dollars per annum, and the expense and 
costs of publishing the same to be paid out of the general funds 
of his county. Any sheriff who shall fail, neglect or refuse to 
comply with the provisions of this section shall be guilty of a 
misdemeanor and shall be punished upon a conviction by a fine 
of not less than fifty nor more than five hundred dollars and 
may in the discretion of the judge or court trying the case be 
sentenced to hard labor for the county for not exceeding six 
months. 

Sec. 19. That the following are hereby declared to be com¬ 
mon nuisances and may be designated as liquor nuisances: (1) 
any rooms or structures used for the unlawful manufacture, 
sale, furnishing, distilling, rectifying, brewing or keeping of 
liquors or beverages that are prohibited by the laws of Alabama 
to be manufactured, sold or otherwise disposed of in this State; 
(2) all houses, shops or places where such prohibited liquors 
and beverages, or any of them, are sold, bartered, exchanged or 
otherwise disposed of to be drunk on or near the premises, or 
where such prohibited liquors, liquids or beverages are kept for 
the purpose of sale or other disposition thereof in violation of 
law; (3) all places of resort where persons are permitted to 
resort for the purpose of drinking such liquors or beverages on 
or about the premises; (4) any unlawful drinking place that 
is kept or maintained in violation of the law of the State; (5) 
all restaurants, hotels, and public eating places where the pro¬ 
hibited liquors and beverages, or any of them, are sold or served 
for beverage purposes; (6) all places where business is carried 
on by a wholesale or retail dealer in liquors, or by a wholesale 
or retail dealer in malt liquors or by a brewer or distiller or rec¬ 
tifier of spirits in violation of the law of the State; (7) all 
warehouses or storage places where the prohibited liquors and 
beverages, or any of them, are kept or stored or received on con¬ 
signment, or for distribution or delivery, contrary to the laws, 
of the State. The bill to be filed to abate such nuisances may 
be filed against any person, firm or corporation who maintains 
or aids in maintaining such nuisance, including agents, ser¬ 
vants and employees, as well as officers of corporations. 

Sec. 20. That the nuisances named in the preceding section 
may be abated by a proceeding in equity in a court of competent 
jurisdiction, and the State attorney general, or the circuit or 
other solicitor, or deputy solicitor, or any prosecuting officer 
within a county where his official duties require him to prose¬ 
cute criminal causes on behalf of the State, or any citizen, or 



15 


citizens, of the county wherein such nuisance exists, or is main¬ 
tained, may upon their relation file a bill in the name of the 
State of Alabama in the chancery court, or other court possess¬ 
ing equity jurisdiction, in the county where the nuisance ex¬ 
ists, to abate and perpetually enjoin the same. The bill or peti¬ 
tion shall state the facts upon which the application is based 
and shall be verified by the affidavit of the officer or citizen 
filing the suit either upon knowledge or information and belief, 
as the circumstances may warrant, and in case the bill is filed 
by any one of the officers named and he be unwilling to make 
the affidavit, the verification may be made by any citizen or cit¬ 
izens, in the same manner and terms, as if the bill had been 
filed by him or them. No bond shall be required as a condition 
precedent to the issuance of a preliminary injunction when the 
suit is brought by the attorney general of the State, or solicitor, 
deputy solicitor or any other prosecuting official. When a bill 
making a prima facie case and properly verified is presented to 
the chancellor or judge of the court wherein the bill is filed, or 
is to be filed, or other judge authorized by the law of the State 
to grant a fiat for a preliminary injunction, such chancellor or 
judge may order an appropriate preliminary injunction to issue 
in accordnace with the prayer of the bill, and the chancellor or 
judge may direct the terms of the preliminary injunction so as 
to carry out the purposes of this section, which is to secure re¬ 
straint and abatement of such liquor nuisances on the prem¬ 
ises. The owner of and all persons interested in the building 
or premises w 7 here the nuisance exists, or any agent renting the 
same, as well as the keeper thereof, may be joined with the 
keeper as parties defendant to the proceedings, and all such own¬ 
ers, keepers, parties interested or agents who may be found to 
have knowingly assented to the keeping or maintaining of such 
nuisance on the premises at any time within six months prior to 
the commencement of the suit, and their servants, lessees, and 
tenants shall be perpetually enjoined from maintaining and 
keeping, or suffering to be kept and maintaining such nuisance, 
or any liquor nuisance, upon the said premises. The court 
shall have full power and authority to maintain its jurisdiction 
and by all suitable orders and writs to enforce its decrees in 
respect to the subject matter of the suit, and to so shape and 
mold its decrees, as to accomplish the purpose of the bill; and 
all the rules of evidence, practice and procedure, except as oth¬ 
erwise herein provided, that pertain to courts of equity gener¬ 
ally, or that exist by virtue of any law of this State may be in¬ 
voked and applied in any such injunction proceeding instituted 



16 


hereunder. Upon the final hearing of the case instituted to 
abate a liquor nuisance if it shall appear that the bill has been 
sustained by the evidence, or has been taken or confessed, the 
court shall order an abatement of the nuisance, which order 
shall direct the destruction of all such prohibited liquors and 
beverages, as are found upon the premises,* together with all 
signs, screens, bars, bottles, glasses, and other movable prop¬ 
erty used in keeping and maintaining said nuisance and the 
destruction of all such liquors and beverages, and such movable 
property as may have been seized under authority of the court 
pending the hearing of the cause. If the bill shall pray for a 
writ of seizure authorizing the sheriff to seize all prohibited 
liquors and beverages on the premises together with all signs, 
screens, bars, bottles, glasses, and other movable property used 
in keeping and maintaining said nuisance, the officer, or citi¬ 
zen, or citizens, filing the bill may at the time they apply for a 
preliminary injunction make application to the judge who 
grants the fiat, or to the judge or chancellor of the court in 
which the bill is, or to be, filed, or they may at any time pending 
the hearing make such application, to said judge or chancellor 
for such writ of seizure, and said writ may be ordered to issue 
when probable cause is shown, supported by oath or affirma¬ 
tion, for the issuance of said writ, and that the officer or person 
making the application or filing the bill has probable cause to 
believe, and does believe, that said prohibited liquors and bev¬ 
erages are manufactured, sold, furnished, given away, kept or 
offered for sale in violation of law on or about said premises, 
and the said officer or citizen, making the application may sup¬ 
port the same by the production of affidavits in writing sworn 
to and subscribed by the persons making them, and the judge 
may order said writ of seizure when he is satisfied from the affi¬ 
davit of the officer or citizen, or of others, one or both, that 
facts have been produced affording probable cause for believing 
the grounds of the application to exist. Such writ shall name 
or describe the person or other party whose premises are to be 
searched, and shall describe as near as may be the liquors or 
beverages that are to be seized, and the place where said liquors 
and beverages are to be seized as hereinafter prescribed for 
other search warrants. Whenever it shall be finally decided in 
the cause that the liquors seized as aforesaid are forfeited, and 
that they were kept or stored for an illegal purpose the decree 
shall order the officer having said liquors in custody to forth¬ 
with destroy the same, together with the vessels containing the 
same, and other movable property used in keeping and main- 



17 


taining the nuisance, and immediately thereafter to make re¬ 
turn of said order to the court whence it issued with his doings 
endorsed thereon, but if it shall finally be decided that any 
liquors or beverages so seized are not liable to forfeiture the 
court shall order the officer having the same in custody to re¬ 
store said liquors, with the vessels containing the same, to the 
place where it was seized as near as may be and to the person 
entitled to receive it, which order the officer shall obey and 
make return to the court of his acts thereunder. 

Sec. 20%. There shall be allowed the officer making the 
seizure under such writ in an injunction case the sum of three 
dollars and the sum of ten cents for every mile traveled in mak¬ 
ing the seizure, together with such reasonable sum as the court 
may deem just for necessary expenses incurred in transporting 
and providing storage for liquors and beverages and other mov¬ 
able property seized; all which costs shall be taxed in the bill of 
costs, and if not collected from a defendant then shall be taxed 
and paid as in criminal prosecutions in which the State fails; 
and the costs of such injunction case, unless charged against 
some party defendant by the court and collected from him, 
shall be paid as in criminal cases in which the State fails, upon 
the court making an order to that effect. 

Sec. 21. Prohibited liquors and beverages kept, stored or 
deposited in any place in this State for the purpose of sale or 
unlawful disposition or unlawful furnishing or distribution 
and the vessels and receptacles in which such liquors are con¬ 
tained, are hereby declared to be contraband and are forfeited 
to the State when seized and may be condemned for destruction 
as hereinafter provided, and prohibited liquors and beverages 
may be searched for, seized and ordered to be destroyed as here¬ 
inafter set forth. 

Sec. 21%. That in all criminal prosecutions against any 
person for violating a provision of this act or any other for the 
suppression of the evils of intemperance, the court or judge 
upon a conviction may order the destruction of such prohibited 
liquors or beverages as had been sold, offered for sale, or had or 
kept in possession for sale or otherwise disposed of by the de¬ 
fendant, or had been employed by him for use or disposition at 
any unlawful drinking place, or had been kept or used in con¬ 
ducting the business of a liquor dealer or malt liquor dealer, 
when such liquors or beverages have been seized for use as evi¬ 
dence in the case, and such court or judge shall have the like 
power upon conviction in case of the seizure for use as evi¬ 
dence of such prohibited liquors and beverages* in prosecution, 



18 


any person for unlawfully storing, accepting on consignment or 
delivering or transporting or shipping such prohibited liquors 
and beverages. 

Sec. 22. That a search warrant for the seizure of liquors 
and beverages that are prohibited to be sold or otherwise dis¬ 
posed of in this State, together with the vessel or other recepta¬ 
cles in which they are contained, may be issued as hereinafter 
prescribed, and the proceedings to secure the destruction of 
such liquors, beverages, vessels and receptacles upon the 
grounds herein defined shall be as follows: (1) The warrant 
may be issued by justices of the peace, judges of the county 
court, or any inferior court possessing the civil or criminal ju¬ 
risdiction of justices of the peace, by recorders or other munici¬ 
pal judges of towns or cities by whatever name called; and the 
word magistrate hereinafter employed shall include each of the 
officers authorized to issue warrants; also by the judges named 
in subdivision 14. (2) Said warrants may be issued only on 

probable causes supported by affidavit naming or describing the 
person or other party whose 1 premises are to be searched if 
known, and describing as near as may be the liquors and bev¬ 
erages to be searched for and the place to be searched, but the 
liquors or beverages may be described as prohibited liquors and 
beverages or spirituous, vinous or malt liquors if more specific 
description be not obtainable, and the affidavit may show that 
more specific description is not obtainable. The warrant may 
be executed by any one of the officers to whom it is directed, but 
by no other person except in aid of the officer, he being present 
and acting in its execution, but the complainant may accompa¬ 
ny the officer who executes the warrant and give information, 
and assist him in executing the writ. A writ addressed to a 
sheriff may be executed by a deputy sheriff. (3) The magis¬ 
trate before issuing a warrant must examine the complainant 
on oath and any other witnesses he may produce (if he pro¬ 
duces any) and take their deposition in writing, and cause the 
same to be subscribed by the person or persons making them; 
and the same must be set forth facts and circumstances or both 
tending to establish the ground or grounds of the application or 
probable cause for believing that a ground exists authorizing 
search warrant to issue. (4) If the magistrate is satisfied of 
the existence of ground or grounds for the application, or one of 
them, or that there is probable cause to believe the existence of 
them, or one of them, he must issue a search warrant signed by 
him directed to the sheriff or to any constable of the county, 
commanding him to forthwith search the place named for the 



19 


prohibited liquors and beverages and to bring them before the 
magistrate; if the warrant is sought to search a place whose 
keeper or owner is unknown, the affidavit may so state and the 
warrant may issue accordingly. The magistrate may direct the 
warrant to the chief of police or any police officer of a city 
when the place to be searched is within a city or within the 
police jurisdiction thereof. (5) The warrant may be in substan¬ 
tially the form prescribed by the Code of Alabama for other 
search warrants, and must, except as herein otherwise speci¬ 
fied, be executed in the manner and with the authority of the 
officer as prescribed by said Code in respect to other search 
warrants. (6) The warrant may be issued on any one of the 
following grounds: (a) When any person, firm, association of 
persons or corporation, or unknown person or other party, 
keeps a place where prohibited liquors and beverages, or any of 
them, are manufactured, sold, kept for sale or otherwise dis¬ 
posed of contrary to law, or when such liquors and beverages, or 
any of them, are stored for sale, delivery or distribution con¬ 
trary to law, or for other illegal purposes in any warehouse or 
other place, (b) When such prohibited liquors or beverages, 
or any of them, are in the possession of any person, firm, asso¬ 
ciation or persons or corporation conducting on the premises 
an unlawful drinking place or maintaining a liquor nuisaiice 
thereon by means thereof, (c) When any person, firm, asso¬ 
ciation or corporation is carrying on at the place the business 
of a retail or wholesale dealer in liquors (except bona fide drug¬ 
gists, who sell and keep for sale alcohol only under the regula¬ 
tions prescribed by law) or the business of a retail or whole¬ 
sale dealer in malt liquors, and said liquors are kept for sale 
by such dealer. (7) When an officer takes prohibited liquors 
and beverages under the warrant he must, if required, give a 
receipt to the person from whom they were taken or in whose 
possession they were found, and also a receipt for such recepta¬ 
cles or vessels as may be taken under the warrant, and the 
warrant must be executed and returned to the magistrate by 
whom it was issued within ten days from date, and after that 
time if it is not executed it is void. The officer in his return of 
the warrant to the magistrate must specify with particularity 
the liquors and beverages and other articles taken; and the 
applicant for the warrant and the person from whose posses¬ 
sion the liquors and articles were taken are entitled to a copy 
of the warrant, signed by the magistrate, which he must furnish 
them on their application therefor. The warrant may be exe¬ 
cuted at any time between eight o’clock in the morning and six 



20 


o’clock in the afternoon, or at any other time that the place or 
premises are open; but section 22 is not intended to secure the 
search of the premises of bona fide druggists who sell, or keep 
for sale alcohol only for medical, scientific or mechanical pur¬ 
poses, or wine for sacramental purposes as authorized by law, 
or of bona fide physicians who sell and keep for sale pure alco¬ 
hol only for medical purposes at the places that may be allowed 
and subject to the restrictions and regulations prescribed by 
law. (8) When liquors and vessels are seized by the officer 
they shall be held by him subject to the order of the magistrate 
or the court to which the proceeding may be carried by appeal; 
and upon final judgment in accordance with the procedure 
herein defined must be returned to the lawful owner or owners 
or be otherwise disposed of according to law. Liquors seized 
and vessels containing them shall not be taken from the cus¬ 
tody of the officer by writ of replevin or detinue or other 
process while the proceedings are pending; a final judgment of 
condemnation in all such cases is a bar to all suits for the re¬ 
covery of any liquors or vessels seized for the value of the same 
and for damages alleged to arise by reason of the seizure and 
detention thereof. The word vessel when used herein shall also 
include receptacles, and the word liquors shall also include 
other beverages that are seized. (9) Upon the return of the 
warrant to the magistrate showing a seizure thereunder, the 
magistrate shall issue a notice directed generally to all persons 
claiming any right, title or interest in such liquors, to appear 
before the magistrate issuing the warrant at a time and place 
therein specified not less than five nor more than fifteen days 
after the issuance of said notice and show cause why such 
liquors and vessels shall not be forfeited to the State and de¬ 
stroyed. A copy of such notice shall be delivered to the person 
or other party who kept the liquor or had possession of the 
liquors at the time of the seizure, and a copy shall also be deliv¬ 
ered to the party named in the affidavit for the warrant if a 
different party from the one who kept or had possession of the 
liquors at the time of the seizure, and the officer shall place an¬ 
other copy of such notice in a conspicuous place upon said 
premises. At the time and place specified in the notice any per¬ 
son claimng any right, title or interest in the liquors and ves¬ 
sels seized under such warrant may interpose a verified answer 
controverting the allegations of the complaint upon which said 
warrant was issued and controverting the ground or grounds 
upon which the warrant was issued, and shall propound in such 
answer what right, title or interest he claims in the liquors or 



21 


vessels seized. The issue thus framed shall be deemed an action 
pending in the court of the judge or justice who issued the war¬ 
rant between the State of Alabama on the relation of the com¬ 
plainant and the liquor and vessels so seized and against the 
party in possession of the liquor or against the party who in¬ 
terposes the claim and may be entitled in the name of the State 
of Alabama against the said party so appearing, if any, and if 
no one appears may be entitled as against sid liquors adding 
for identification the name of the person or persons mentioned 
in the affidavit for warrant. The said case shall be tried in 
court as other cases are tried therein. If no party appear to 
make a claim at the time specified in the notice, or if no verified 
answer controverting the allegations of the complaint and the 
grounds of complaint is interposed, the judge or justice shall 
proceed to hear the testimony in support thereof. If it be estab¬ 
lished upon the hearing before said judge or justice or upon the 
trial of the action if issue be joined, that the liquors so seized 
were kept, stored or deposited for the purpose of unlawful sale 
or other disposition or furnishing or distribution within this 
State, or if it appears that the complainant has established a 
ground for the issuance of such search warrant, judgment of 
forfeiture and destruction of said liquors and vessels shall be 
entered which judgment shall provide for the public destruc¬ 
tion of such liquors and vessels in which the same were con¬ 
tained by and under the direction of the officer who seized the 
same, or some other officer to be named by the court or judge. 
If the testimony produced on the hearing before the judge or 
justice or upon such trial before the judge or court shall fail to 
establish the complaint, or that a ground existed for the issue 
of the warrant, or that the liquors and vessels were kept, stored 
or deposited for the purpose of unlawful sale or other disposi¬ 
tion or furnishing, distribution or delivery within this State, 
judgment shall be entered dismissing such complaint and pro¬ 
viding that such liquors and the vessels containing the same 
be returned to the place from which or to the person from 
whom they were taken. If different parties appear and 
claim separate portions of the liquor seized, separate an¬ 
swers may be filed and separate issues may be framed and the 
trial had accordingly either before the magistrate or in the 
higher court to which the same may be carried by appeal. If 
judgment shall be against only one party defendant appearing 
he shall be charged to pay all the costs of the proceeding in the 
seizure and detention of the liquors claimed by him and the 
costs of the trial. But if judgment shall be rendered against 



22 


more than one party claiming distinct parts of or the interest 
in said liquors and vessels, then the cost of the proceedings and 
trial may be equitably apportioned among the defendants for 
the amount of cost to be adjudged against them according to 
the discretion of the magistrate or court. In the event no one 
appears to contest the order or forfeiture and condemnation, or 
if the complaint is not sustained and no judgment of forfeiture 
is obtained, the costs shall be taxed and paid as costs are taxed 
and paid in criminal prosecutions wherein the State fails, and 
this rule shall apply as to any separate claim when several par¬ 
ties appear, claim and contest, and such separate claim is sus¬ 
tained and there is failure to obtain judgment as to the part of 
the liquor so claimed. In the event no one appears to contest 
the order of forfeiture and condemnation or if the complaint is 
not sustained and no judgment of forfeiture is obtained, the 
costs shall be taxed and paid as costs are taxed and paid in 
criminal prosecutions wherein the State fails and this rule shall 
apply as to any separate claims when several parties appear, 
claim and contest and such separate claim is sustained and 
there is failure to obtain judgment as to the part of the liquor 
so claimed. Any appeal from such magistrate must be taken 
within five days from the date of judgment, and an appeal may 
be taken in behalf of the State to the circuit or other court of 
like jurisdiction by the solicitor or other prosecuting attorney 
by filing a prayer for an appeal with the magistrate. (10) Any 
person appearing and becoming party defendant as aforesaid 
may appeal from the judgment of forfeiture and condemnation 
as to the whole or any part of the liquors and vessels claimed by 
him and adjudged forfeited, to the circuit court or city court or 
other like court of civil or criminal jurisdiction as in cases ap¬ 
pealed from a justice of the peace or county court to such 
higher court, the appeal to be granted upon parties giving bond 
for the cost of appeal, and that will be incurred in such higher 
court, and upon written demand being made therefor endorsed 
on the appeal bond at the time said appeal is taken, the appel¬ 
lants may be entitled to a jury for the trial of the cause in said 
circuit or other like court. And said trial court shall proceed 
with the case de novo and may cause suitable issues to be 
framed for the determination of the cause. (11) Whenever it 
shall be finally decided that the liquors and vessels seized as 
aforesaid are forfeited and ordered condemned, the magistrate 
or court rendering final judgment of forfeiture shall issue to 
the officer having said liquors in custody, a written order di¬ 
recting him forthwith to destroy said liquors and vessels, and 



23 


immediately thereafter to make return of said order to the 
court whence issued with his doings endorsed thereon. When it 
is finally decided that the liquors so seized are not liable to for¬ 
feiture, the magistrate or the court rendering the decision shall 
issue a written order to the officer having the same in custody 
to restore the same with vessels to the place where seized as 
nearly as may be or to the persons who are entitled to receive 
them. (12) The payment of a retail liquor dealers or retail 
malt liquor dealer’s special United States internal revenue tax 
for the place and covering the period in which such liquors are 
seized, or the maintenance or posting in any place where such 
liquors are seized of a retail liquor dealers or retail malt liquor 
dealers special United States internal revenue tax stamps, or a 
wholesale malt or liquor dealers tax stamps in force and effect 
at the time of such seizure, or the posting, keeping or maintain¬ 
ing of a notice or sign of any kind on or about the premises 
where such liquors are seized indicating that prohibited liquors 
are there sold, kept or given away, shall be prima facie evi¬ 
dence that the liquors so seized are kept, stored and deposited 
for unlawful sale or unlawful furnishing, disposition or deliv¬ 
ery and shall constitute probable cause justifying the issuance 
of a search warrant to search the premises for prohibited 
liquors or beverages, and shall justify an injunction upon a bill 
filed in equity to abate a liquor nuisance at the place where the 
same is posted. The keeping of prohibited liquors in any build¬ 
ing not used exclusively for a dwelling shall be prima facie evi¬ 
dence that the same are kept to be sold or otherwise disposed 
of or delivered or furnished contrary to law, except as to bona 
fide wholesale and retail druggists selling alcohol as specified 
in section 22 of this act and who shall have filed with the pro¬ 
bate judge of the county a declaration in accordance with said 
section. No search warrant shall be taken out'or bill of injunc¬ 
tion filed against any wholesale or retail druggist paying such 
tax as a retail or wholesale liquor dealer until after the expira¬ 
tion of thirty days from the taking effect of this act unless other 
evidence be obtained showing probable cause other than the 
payment of such special tax, or the posting of such special 
stamps. But nothing herein is intended to prevent any action 
to be taken against any druggist at any time when there is 
evidence of a violation by him of any law for the suppression 
of intemperance or the promotion of temperance, or against the 
sale or other dispositon of prohibited liquors and beverages. 
(13) No person excepting one who answers claiming some 
right, title or interest in the liquors so seized shall be excused: 



24 


from attending and testifying or producing any books, papers 
or other documents before any court or judge or justice upon 
any such hearing or trial upon the ground or for the reason 
that the testimony or evidence, documentary or otherwise re¬ 
quired of him may tend to convict him of a crime or to subject 
him to a penalty or forfeiture; but no person shall be prosecut¬ 
ed or subjected to any penalty or forfeiture for or on account 
of any transaction, matter or thing concerning which he may 
so testify or produce evidence documentary or otherwise, and 
no testimony so given or produced shall be received against him 
upon any criminal investigation, trial or proceeding. (14) A 
search warrant subject to the rules and restrictions hereinabove 
declared may be likewise issued by any judge of a city, circuit, 
criminal or other like court of record possessing criminal juris¬ 
diction, returnable before the court in term time, and on the 
return of the warrant the same proceedings may be had before 
the judge sitting as a court as are prescribed hereinabove for 
the trial before magistrates issuing said warrants. Any de¬ 
fendant to the warrant in such court of record may have a jury 
trial upon demanding the same at the time he files his verified 
answer and claim. (15) Where an officer seizes liquors and 
vessels under a search warrant he shall appear on the day 
fixed for the hearing and prosecute the case on behalf of the 
State, and if there be in the county at that time a solicitor or 
his deputy, or other prosecuting attorney, he may notify such 
officer of the hearing, and such officer shall appear and prose¬ 
cute said case on behalf of the State in connection with the 
officer making the seizure and in connection with the com¬ 
plainant sueing out the search warrant, if the latter wishes to 
appear therein. (16) There shall be allowed the officer making 
the seizure under a search warrant the sum of three dollars, 
and also the sum of two dollars additional for every day that 
such officer shall necessarily be employed in attending court 
for the purpose of causing liquors seized to be condemned, and 
the sum of ten cents per mile for each mile he shall travel in 
executing the writ, together with such reasonable sum as the 
court may deem just for necessary expenses incurred in trans¬ 
porting and providing storage for liquors and vessels seized; 
all such costs shall be taxed in the bill of costs, and if not col¬ 
lected from the defendant or defendants, shall be taxed and 
paid as in criminal prosecutions in which the State fails, upon 
the court or judge or justice making an order to that effect. 
(17) That whenever in any search warrant proceeding for for¬ 
feiture and destruction of liquors and vessels, it shall appeal 



25 


to the judge or court that there has been any irregularity in the 
service of any process or notice, or any omission to post or 
serve notices required or any defect in the affidavit or notice or 
in the service or return of either, the judge or court may permit 
the same to be amended, and may direct such further service or 
process or of notice as will in the judgment of the judge or 
court be most effectual in securing notice of the proceeding to 
those who may be entitled thereto, and so that the proceeding 
may not fail for any irregularity or technicality. (18) A search 
warrant may be sued out and prosecuted in accordance with 
the rules and regulations hereinabove prescribed in case there 
is probable cause to believe and it is made to appear to the mag 
istrate or judge issuing the warrant that there is probable 
cause to believe that prohibited liquors and beverages, or some 
of them, are kept or deposited in or on a steam boat or water 
craft, of any kind, or in a depot, railway, car or land carriage 
or vehicle of any kind, for unlawful sale, furnishing, distribu¬ 
tion or other unlawful disposition. The place where such search 
is to be made should be described as near as may be in the affi¬ 
davit and warrant for purpose of identification. 

Sec. 22i/ 2 . Upon the trial of a complaint, warrant or in¬ 
dictment, or in any other judicial proceeding in which any per¬ 
son, firm or association or corporation is charged with having 
sold, or offered for sale, spirituous or malt liquors, or prohib¬ 
ited liquors and beverages, whether the sole charge or not, or 
with becoming a wholesale or retail dealer in liquors, or with 
being a wholesale or retail dealer in malt liquors, or with car 
rving on the business of such wholesale or retail dealers in 
liquors or malt liquors, or with maintaining a liquor nuisance, 
it shall be competent to prove that the party charged has for 
the place and period of time involved paid a wholesale or retail 
dealers, or wholesale or retail malt liquors dealer’s special 
United States internal revenue tax according as the charge may 
be; and it shall also be competent to prove that the party 
charged had posted at the place and time involved a liquors 
dealer’s, or a malt liquors dealers, special United States inter¬ 
nal revenue tax stamp on or about the premises, and parol tes¬ 
timony may be received of the payment of any such special 
United States internal revenue tax and of the existence of the 
special United States internal revenue tax stamp posted or kept 
on or near the premises, at the place, or on or about the prem¬ 
ises involved, and of the existence of any other fact made evi¬ 
dence by this section; and the fact of the payment of such 
wholesale or retail dealer’s or wholesale or retail malt liquor 



26 


dealer’s special United States internal revenue tax for the place 
and covering the period involved shall be deemed to be and 
constitute prima facie evidence that the party paying the same, 
or to whom it was issued, had sold, or offered for sale, the li¬ 
quors for which, or for the privilege of selling which, said spe¬ 
cial tax had been paid, and said special tax stamp obtained, 
and that at the place and during the time for which said tax 
was paid, and at the place at which said stamp tax was posted 
said party had carried on the business of a wholesale or retail 
liquor dealer or of a wholesale or retail malt liquor dealer, ac¬ 
cording to the terms of the special tax stamp; and the posses¬ 
sion of said special tax stamp on or about the premises shall be 
prima facie evidence to the same effect. In any prosecution of 
any person, firm or corporation, or in any judicial proceeding 
against such person, firm or corporation for carrying on the 
business of a brewer or distiller or rectifier of spirits, the fact 
may be shown in evidence by parol or other competent man¬ 
ner that the party charged has taken out a license from the 
United States as a brewer or distiller or rectifier of spirits, or 
has paid a special internal revenue tax as such brewer, dis¬ 
tiller or rectifier of spirits, or has complied with the laws of the 
United States entitling such party, so far as concerns said laws, 
to be a brewer or rectifier or distiller of spirits for the place or 
the period involved in the charge or in the case and shall be 
deemed prima facie evidence of the guilt of such party, accord¬ 
ing as the charge may be; and when the payment of such tax, 
or the posting of such stamp tax, is made to appear to the satis¬ 
faction of the judge or chancellor in any proceeding to enjoin 
or abate a liquor nuisance, the same shall be sufficient to jus¬ 
tify the chancellor or judge in awarding a preliminary injunc¬ 
tion restraining the maintenance of such liquor nuisance. The 
same evidence with like effect as that hereinabove referred to 
is admissible against any servant, agent, clerk, or employee of 
any principal who has paid the tax or posted the tax stamp, or 
qualified to do business as a distiller, brewer or rectifier under 
the laws of the United States when such servant, agent, clerk 
or employee was engaged in conducting, or in aiding in the con¬ 
duct of the business of the principal at the time and place in¬ 
volved and for which the tax was paid, or for which the prin¬ 
cipal qualified to do business as such distiller, brewer or recti¬ 
fier. But the rule of evidence herein declared by which the 
payment of the special tax or the posting of a tax stamp is 
made prima facie evidence shall not apply to bona fide whole¬ 
sale druggists selling alcohol only under the regulations of the 



law of the State and who have paid a special tax or taken out 
a special tax stamp from some internal revenue collector as a 
wholesale dealer in liquors, nor shall it apply to any retail 
druggist who is himself a registered or licensed pharmacist or 
who regularly employs a registered or licensed pharmacist, or 
to a bona fide physician who sells and keeps for sale alcohol 
for medicinal purposes, only, as authorized by law, and who 
sells alcohol only under the regulation prescribed by the law 
of the State and who has paid a special tax or has taken out a 
special tax stamp as a retail liquor dealer under the laws from 
such internal revenue collector. Provided, however, that the 
said druggist within thirty days after the passage of this act, 
or within fifteen days after paying such tax or taking such tax 
stamp, shall file a declaration under oath with the probate 
judge of the county in which their business is located and have 
same recorded to the effect that they paid said tax and obtained 
said stamp as such liquor dealer for the sole purpose of selling 
alcohol as authorized under the law of the State, and that they 
will not under said tax stamp or otherwise sell, offer for sale 
or keep for sale upon the premises where their business is con¬ 
ducted, any prohibited liquors or beverages except such alcohol 
as they are permitted by the laws of Alabama to sell; and pro¬ 
vided further that bona fide physicians who may pay such tax 
in order to obtain the right to sell alcohol as authorized by the 
law of Alabama, shall within fifteen days after paying such tax 
and obtaining a tax stamp, file with the probate judge of the 
county a declaration in the terms hereinabove provided for use 
by druggists. 

Sec. 23. It shall be unlawful for any person, firm, associa¬ 
tion or corporation to receive for storage, distribution or on 
consignment for another prohibited liquors and beverages or 
any of them, or to have or maintain any Avarehouse or other 
place for the receiving, storing or distribution of liquors for 
another, and any person violating this section shall be guilty 
of a misdemeanor. 

Sec. 24. It shall be unlawful for any person, firm, corpora¬ 
tion or association, whether a common carrier or not, to accept 
from another for shipment, transportation or delivery, or to 
ship, transport or deliver for another said prohibited liquors or 
beverages or any of them, when received at one point, place or 
locality in this State, to be shipped or transported to or deliv¬ 
ered to another person, firm or corporation at another point, 
place or locality in this State, or to convey or transport over or 
along any public street or highway any of such prohibited 



28 


liquors for another, and any person violating any provision of 
this section shall he guilty of a misdemeanor, but the provisions 
of this section shall not apply to those transporting and deliv¬ 
ering to druggists and physicians such alcohol as they are per¬ 
mitted by the laws of the State to sell or dispose of in accord¬ 
ance with the statutory regulations upon that subject. 

Sec. 25. No transfer company, traffic company, transporta¬ 
tion company, warehouse company or other like corporation 
chartered under or by the laws of Alabama shall have any right 
or power to engage in or carry on the business of delivering, 
transporting, storing or warehousing any prohibited liquors 
and beverages, and any corporation of this State offending 
against this provision or engaging in such business shall forfeit 
its charter, which, however, may be declared upon a suit in quo 
warranto before a court of competent jurisdiction if any person 
or officer wishes to institute the suit. 

Sec. 26. That when any certificate of incorporation or dec¬ 
laration or other like instrument is filed with any probate judge 
in this State preliminary to the organization of or formation of 
any business corporation under the laws of the State of Ala¬ 
bama of the kind named in the preceding section or of any mer¬ 
cantile or beverage company, the said instrument shall contain 
a paragraph to the effect that the corporation to be organized 
shall have no right, power or authority to manufacture, sell, 
keep for sale or otherwise dispose of or store, warehouse, de¬ 
liver, or transport any prohibited liquors or beverages, or to be 
in any wise concerned in the traffic therein, unless it be a decla¬ 
ration to organize a bona fide drug company which must state 
that it has no right, power or authority to sell or keep for sale 
or offer for sale any prohibited liquor or beverage except alco¬ 
hol in the quantity and subject to the restrictions prescribed 
by the State law; and the said declaration shall also contain a 
statement to the effect that if such corporation shall do or per¬ 
form any act which it has specified above it can not do or en¬ 
gage in, it will forfeit its charter which may be declared in a 
suit brought against the corporation in a court of competent 
jurisdiction in quo warranto if any person or officer wishes to 
bring such suit; it being the intent and purpose of this statute 
by this section to provide against creating corporations under 
the laws of the State of Alabama that may intend to violate her 
laws for the suppression of intemperance, or that will engage 
in or be concerned in any way whatever in the traffic in prohib¬ 
ited liquors and beverages, or in transporting, delivering or 
storing the same. No probate judge shall receive any declara- 



20 


tion, certificate of incorporation or other like instrument for 
the organization of any such corporation which does not con¬ 
tain the declaration hereinabove described. 

Sec. 27. Any person who shall publicly drink spirituous, 
vinous or malt liquors or other prohibited liquors and bever¬ 
ages in the presence of passengers on a railway passenger car, 
or street car or at any passenger waiting room or waiting place 
of any carrier of passengers, shall be guilty of a misdemeanor; 
but tills shall not apply to any closet or smoking compartment; 
and conductors and superintendents of waiting rooms and wait¬ 
ing places must exercise the powers of a police officer for the 
enforcement of this section. 

Sec. 28. When a sheriff obtains from the internal revenue 
collector a list of persons who have paid United States special 
tax as a wholesale or retail liquor dealer or malt liquor dealer 
or as a brewer, or have qualified under the laws of the United 
States to be a rectifier or distiller of spirits in his county, he 
shall promptly furnish the solicitor, his deputy or other prose¬ 
cuting officer or attorney who prosecutes criminal cases in the 
county on behalf of the State, with said list or a copy and it 
shall thereupon be the duty of such solicitor or other prosecut¬ 
ing attorney so notified to take active steps to secure the con¬ 
viction of such persons and the prevention of a continued viola¬ 
tion of the law of the State by such person or party, and he 
shall proceed by injunction, search warrant or criminal prose¬ 
cution, one or all, according as his judgment dictates shall be 
most effective in securing the enforcement of the law against 
such party or parties, if lie is willing and able to make the affi¬ 
davit required by law, and if he is not he shall proceed by such 
injunction or search warrant and criminal prosecution, if any 
reputable citizen offers to make or will make the affidavit neces¬ 
sary to secure the warrant, search warrant, or preliminary in¬ 
junction, in which cases he shall superintend the preparation 
of the papers and the prosecution of the cause; and any solic¬ 
itor or other prosecuting attorney or sheriff who fails to com¬ 
ply with the requirements of this section, shall forfeit the sum 
of five hundred dollars to the State for each dereliction; but 
the said officers need not unless they have other evidence to jus¬ 
tify it proceed against any bona fide druggist or any regular 
practicing physician or practicing physician who pays such 
special tax for the purpose of selling alcohol according to the 
statutory regulations upon that subject and who has complied 
with the provisions of this act in respect to filing a declaration 
in the office of the probate judge of the county as to the pur¬ 
pose for which said tax was paid. 



ilO 


Sec. 29. That any solicitor or other prosecuting attorney 
in the county whose duty it is to prosecute criminal cases on 
behalf of the State, shall not be prohibited from commencing 
prosecution on his own affidavit against any party violating 
any provision of this statute or any other law of the State of 
Alabama for the suppression of the evils of intempernace, and 
it shall he the duty of every such solicitor upon receiving infor¬ 
mation giving him probable cause to believe that there has 
been a violation of any statute upon the subject named, to pro¬ 
ceed to lay the matter before the grand jury or to institute a 
criminal prosecution against said party by affidavit before a 
court or judge of competent jurisdiction if he is willing and 
able to make such affidavit for the institution of a criminal 
prosecution, or if he is not he must superintend the prepara¬ 
tion of the papers and the institution of the prosecution if any 
citizen is willing to make an affidavit for the institution of a 
criminal prosecution against any party for such violation, pro¬ 
vided the solicitor is of opinion upon the facts at hand that 
there is reasonable ground to believe that the offense has been 
committed. And sheriffs are charged with the duty of being on 
the alert for violations of any said statutes and of co-operat¬ 
ing with the solicitor and prosecuting attorneys in bringing 
violators to justice. 

Sec. 29 y 2 . That in an indictment, complaint or affidavit for 
selling, offering for sale, keeping for sale or otherwise disposing 
of spirituous, vinous or malt liquors, it is sufficient to charge 
that the defendant sold, offered for sale, kept for sale or other¬ 
wise disposed of spirituous, vinous or malt liquors contrary to 
law; and in an indictment, complaint or affidavit for selling, 
offering for sale, keeping for sale or otherwise disposing of pro¬ 
hibited liquors and beverages, it is sufficient to charge that the 
defendant sold, offered for sale, kept for sale, or otherwise dis¬ 
posed of prohibited liquors and beverages and on the trial un¬ 
der a charge in either form any act of selling in violation of law 
embraced in the charge may be proved, and the charge in each 
of said forms shall be held to include any device or substitute 
for any of said liquors. If any indictment, complaint, informa¬ 
tion, or affidavit, charging that prohibited liquors and bever¬ 
ages have been manufactured, sold, offered for sale, kept for 
sale or otherwise disposed of, it shall not be necessary to set 
out the kind or quantity of the prohibited liquors and bever¬ 
ages, nor the person to whom such sale or offer to sell or other 
disposition was made, and in any prosecution for a second or 
subsequent offense it shall not be requisite to set forth in the 



31 


indictment, information, complaint or affidavit, the record of a 
former conviction, hut it shall be sufficient briefly to allege such 
conviction, and the person purchasing or to whom prohibited 
liquors and beverages or any of them have been sold or other¬ 
wise disposed of shall in all cases be a competent witness to 
prove the unlawful act, and no person who testifies with respect 
to any unlawful act under this statute or other statute for the 
suppression of the evils of intemperance shall be prosecuted in 
respect to any act to which he testifies nor shall his evidence so 
given be used against him in any criminal proceeding. 

Sec. 30. Indictments, informations, complaints or affida¬ 
vits for any violation of this statute, or any provision thereof, 
or of any other statute of the State for the suppression of the 
evils of intemperance, may set out several charges in separate 
counts, and the accused may be convicted and punished upon 
each one as upon separate informations, indictments, com- 
pliants or affidavits and judgment shall be rendered on each 
count under which there is a finding of guilty. 

Sec. 31. The term, prohibited liquors and beverages, em¬ 
ployed in this act, shall include all liquors, liquids, and bever¬ 
ages now or hereafter prohibited by the law of the State to be 
manufactured, sold or otherwise disposed of, or any devise or 
substitute for any of them, and shall also be so understood in 
any warrant, process, affidavit, complaint, indictment, judg¬ 
ment, decree or pleading in any judicial proceeding; and the 
term “otherwise disposed of” following the words, sell, offer 
for sale or keep for sale, and the term “otherwise disposed of” 
following the Avords sold, offered for sale, kept for sale, when 
employed in any warrant, process, affidavit, indictment, infor¬ 
mation or complaint, or in any bill in equity or other pleading 
in any judicial proceeding or in any judgment or decree shall 
include and be deemed to include barter, exchange, giving away, 
furnishing or any manner of disposition by which said liquors 
and beverages may pass unlawfully from one person to another; 
and the term person or the term party when employed alone in 
this act shall include a firm, corporation or association of per¬ 
sons. 

Sec. 31 y 2 . That in all affidavits, informations, complaints 
or indictments against any party or parties for maintaining an 
unlawful drinking place as defined by the law of this State, it 
shall be sufficient to charge that the defendant maintained an 
unlawful drinking place contrary to law or to the statutes in 
such cases made and provided, and under such indictment it 
shall be competent to prove any act of the defendant which 



32 


under the law of the State constitutes the keeping of an 
unlawful drinking place. 

Sec. 32. That all prosecutions for a violation of any pro¬ 
vision of this act, or of any other act, now or hereafter enacted, 
for the suppression of the evils of intemperance, or of an act to 
promote temperance and to suppress the evils of intemperance,- 
and to prohibit the manufacture, sale, offering for sale, keeping 
or having for sale or otherwise disposing of prohibited liquors 
and beverages and keeping unlawful drinking places may 
be begun by affidavit as well as by indictment and that 
when begun by affidavit the person charged shall not have 
the right to demand that a grand jury shall prefer 
indictment for the alleged offense, but the prosecution may 
continue no matter in what court or before what judge 
the trial shall be had upon the affidavit upon which it was 
originally begun, and the said affidavit or any complaint 
that may be filed in such prosecution may be amended to meet 
the end of justice and to prevent a dismissal, of the case upon 
any informality, irregularity or technicality. If the prosecu¬ 
tion is begun in a court in which jury trials are provided for, the 
defendant may at the time he gives bond or within five days 
thereafter file in the cause a demand for trial by jury, or if iie 
does not give bond he may within five days after his 'arrest file 
in the court a demand for a jury trial, in which event such jury 
trial shall be allowed. If the prosecution is begun before a 
court or judge as to which or whom no provision is made for a 
jury trial, the court or judge of it or he has jurisdiction to try 
the case and to find a party charged guilty or not guilty, shall 
proceed with the trial, and if the party charged is convicted, he 
may appeal to the circuit court or other court of record of like 
jurisdiction in the county, having jurisdiction in cases of appeal 
from the county court or from a judgment of a justice of the 
peace, in such form and in such manner and subject to such 
restrictions as govern appeals under the Code of Alabama from 
such justices of the peace or county court, and the party may 
demand and be entitled to a jury trial in such higher court 
under the same terms and conditions that jury trials are obtain¬ 
able in cases of appeals from such justices of the peace or 
county court to said circuit court or other court of like juris¬ 
diction ; but this section shall not alter the practice in respect 
to any preliminary proceeding, authorized by law before a 
justice of the peace. Nor is it intended hereby to take away 
from the circuit court of any county any exclusive jurisdiction 
it may have to try cases against and to punish violators or pro- 



33 


hibitory liquor laws, and any circuit court that may have exclu¬ 
sive jurisdiction by any law applicable to the county to try 
cases against and to punish violators of prohibitory or other 
anti-liquor laws shall continue to have its present jurisdiction, 
and shall have such exclusive jurisdiction of violations of this 
act or of acts hereinabove referred to and all other laws of 
this State for the suppression of intemperance and the promo¬ 
tion of temperance. 

Sec. 3214 . That in all prosecutions against any persons for 
manufacturing, selling, offering for sale, keeping or having in 
possession for sale, bartering, exchanging, furnishing, giving 
away, or otherwise disposing of prohibited liquors and bever- 
ages, and for any one of the said acts, it shall be competent for 
the State to give in evidence the fact that the beverage which 
the evidence may tend to show the defendant had manufactured, 
sold, bartered, exchanged, furnished, given away, or otherwise 
disposed of, possessed or possesses the same color, odor and 
general appearance, or the same taste, color and general appear¬ 
ance of a prohibited liquor or beverage such as whiskey, rum. 
gin, ale, porter, beer, and any other prohibited liquor or bever¬ 
age, and the fact that the beverage in question as above stated, 
is of the same color, odor and general appearance or same taste, 
color and general appearance as beer, shall constitute prima 
facie evidence that the beverage is a beer or malt liquor 
or a substitute or device therefor, and within the inhibition of 
the statute for the suppression of intemperance; and the like 
rule of evidence shall apply in respect to whiskey and the other 
beverages named, and in the event the defendant claims that 
the beverage in question as above referred to is not within the 
inhibition of the statute when it possesses the same color, odor 
and general appearance or the same taste, color and general 
appearance as a prohibited liquor or beverage such as whiskey, 
beer or the other beverages named hereinabove, the burden of 
proof shall be upon him to establish to the reasonable satisfac¬ 
tion of the judge, court or jury trying the case that the bev¬ 
erage in question is not within the inhibition of the said statute, 
and that it is a beverage not prohibited by the statute to be 
manufactured, sold, offered for sale or otherwise disposed of. 
The same rule of evidence shall be applicable in all cases for 
the abatement of liquor nuisance by bills in equity and in all 
prosecutions for violations of statutes of the State for the sup¬ 
pression of the evils of intemperance when it becomes necessary 
to determine whether the liquor or beverage in question is a 
prohibited liquor or beverage. 


2 GA 



34 


Sec. 33. That any person who shall act as agent or assisting 
friend of the seller or buyer in procuring an unlawful sale of 
any prohibited liquors and beverages shall be punishable as 
if he had sold said prohibited liquors and beverages, and con¬ 
viction may be had of such agent or assisting friend upon an 
indictment, affidavit or complaint against him for selling pro¬ 
hibited liquors and beverages contrary to law. 

Sec. 33' i / 2 . That no dealer in beverages shall post or place 
about the premises any sign or signs containing the name of 
any prohibited liquors or beverages or indicating that any pro¬ 
hibited liquors or beverages, are kept on or about the premises 
for sale or other disposition, nor shall, any dealer in beverages 
employ the word “saloon,” “buffet” or “bar” in designating the 
business or the place where the beverage business is conducted, 
and in case of any charge or prosecution against any dealer in 
beverages for violating the law against selling, offering for sale 
or keeping for sale or otherwise disposing of prohibited liquors 
and beverages, it shall be competent to make proof in the cause 
that said party had posted such signs on or about the premises 
or that the word saloon, buffet or bar was employed to designate 
the business or the place where the business was conducted. 
That any person violating any provision of this section shall be 
guilty of a misdemeanor. 

Sec. 34. That if any prohibited liquors and beverages are 
delivered to a carrier to be by the carrier transported and 
delivered C. O. D. to any person at a point in this State, mean¬ 
ing thereby to collect on delivery by the carrier for the con¬ 
signor the amount of the purchase money for such liquors, then 
and in every case the carrier shall be deemed and held the agent 
of the consignor, and all such prohibited liquors and beverages 
shall remain the property of the consignor until actually deliv¬ 
ered and the money paid to the carrier therefor; and the servant 
or agent of the carrier who knowingly delivers any such liquors 
or receives pay therefor within the State shall be guilty of a 
misdemeanor. 

Sec. 35. That any violation of any provision of this act 
where no other penalty is provided for, shall be punishable by 
a fine of not less than fifty nor more than five hundred dollars, 
to which may be added in the discretion of the judge or court 
trying the case, imprisonment in the county jail or at hard 
labor for the county for not less than six nor more than twelve 
months, this being the general penal clause of the act. 

Sec. 36. That if any section or provision of this act shall 
be declared to be void or unconstitutional it shall not affect.or 



35 


destroy the validity or constitutionality of any other section or 
provision which is not in and of itself void or unconstitutional - , 
and it is not intended by this act to interfere with the exclusive 
power of the Congress of the United States to regulate com¬ 
merce with foreign nations and among the several States; and 
this act shall be so construed as to avoid conflict with that clause 
of the constitution of the United States which confers upon the 
Congress of the United States the power to regulate commerce 
with foreign nations and among the several States and with 
Indian tribes. 

Sec. 37. This act shall be liberally construed so as to accom¬ 
plish the purpose thereof, which is to further suppress the evils 
of intemperance and secure obedience to and the enforcement 
of the laws of the State for the promotion of temperance and 
for the suppression of the manufacture of and traffic in pro¬ 
hibited liquors and beverages and to prevent evasions and sub¬ 
terfuges by w r hich such laws may be violated. 

Sec. 38. That all laws and parts of laws, general, local and 
special, in conflict with the provisions of this act be, and the 
same are, hereby repealed, but no such repeal or any repeal 
provided for by this section shall effect any existing right, 
remedy, defense or liability incurred, nor any action or prose 
cution, civil or criminal, already commenced or which may be 
hereafter commenced for any offense already committed, or to 
enforce any right, penalty or punishment under any repealed 
law, and as to all such cases the laws in force at the time of the 
enactment and taking effect of this statute shall continue in 
force. 

Sec. 39. That this act shall go into effect at 11 o’clock P. M., 
on the 30th day of June, A. D. Nineteen Hundred and Fifteen. 

Approved January 23rd, 1915. 


No - 3- ^ IS. 3. 

AN ACT 

To authorize and empower the Chief Justice and every Associate Justice of 
the Supreme Court of Alabama to administer oaths and take affidavits. 

Be it enacted by the Legislature of Alabama: 

That the chief justice and every associate justice of the 
Supreme Court of Alabama, be and they are hereby authorized 
and empowered to administer any oaths and take any affidavits 
authorized, or required by law. 

Approved January 16, 1915. 



36 


No. 4.) (S. J. R. 11.) 

S. J. R. 

Requesting the active efforts of Senators and Representatives of Alabama 
in the Congress of the United States to secure the passage of laws ex¬ 
cluding from the United States mail all advertisements or solicitations, 
orders, and literature concerning intoxicating liquors and beverages as 
well as such beverages themselves. 

Be it resolved by the Senate, the House of Representatives 
concurring, that the senators and representatives in the Con¬ 
gress of the United States are hereby urgently requested to use 
their endeavor to secure the passage of a law or laws excluding 
from the United States mail all advertisements or solicitations 
orders and literature concerning intoxicating liquors and bev¬ 
erages, as well as such beverages themselves. 

Passed by the Senate and House January 26, 1915. 


No. 6.) (H. J. R. 19. 

A RESOLUTION. 

Resolved by the Legislature of Alabama, That the auditor 
and the treasurer are hereby requested to furnish to the Sen¬ 
ate and House, as quickly as the data can be collected and 
tabulated, in parallel columns, in triplicate for each House, 
the following information: 

In the first column, opposite appropriate side titles, every 
item of money actually paid out of the treasury in the fiscal 
year ending of September 30th, 1910, and then in four parallel 
columns the amount paid out for every item in the years 1911, 
1912, 1913, and 1914. They shall also report the full sum of 
money in the treasury or in any depositary, subject to the check 
of the treasurer, and the amount of all outstanding warrants 
on the treasury at the date 17 January, 1911, together with the 
amount of any temporary loan. Also the total amount of re¬ 
ceipts for every year, from 1906 to and including 1914, and the 
total sum in the treasury on January 18th, 1915, with the total 
amount of outstanding and unpaid warrants and temporary 
loans, and they shall add every other item of information neces¬ 
sary for a clear understanding of the financial operations of 
the treasury for the past eight years, so as to enable any one to 
see how much the expenses of the government have been, and 
when and for what the increases, if any, occurred. 

Passed by House Januarv 21, 1915; by the Senate January 
26, 1915. 



37 


A RESOLUTION. 

No - 7 -) (H. J. R. 34. 

Resolved by the House, the Senate concurring, that a com¬ 
mittee of three, two from the House and one from the Senate, 
be raised for the purpose of ascertaining whether or not, all 
State officials required to furnish bond, have complied with 
law governing said bonds. 

Resolved further , that this committee shall ascertain whether 
bonds are properly made and filed. 

Passed by the House January 22, 1915, the Senate concur¬ 
ring January 26, 1915. 


No. 9.) 


AN ACT 


(S. 65. 


To further promote temperance and suppress the evils of intemperance; to 
prevent the advertisement of or solicitation of orders for alcoholic, 
spirituous, vinous or malt liquors, such as brandy, whiskey, wine, rum, 
gin, beer and other intoxicating liquors and beverages, and other 
liquids, liquors and beverages prohibited by the laws of Alabama to be 
manufactured, sold or otherwise disposed of in this State; to provide 
for the removal of such advertisements in defined cases, and to provide 
for the prevention of the continuation and repetition of the acts hereby 
made unlawful; and to prescribe remedies, procedure, penalties and 
punishment. 

Be it enacted by the Legislature of Alabama: 

Section 1. Whereas, It is the public policy of this State to 
discourage the use and consumption of prohibited liquors and 
beverages, and to secure the strict enforcement of the law 
against the manufacture, sale, keeping for sale, or other dis¬ 
position thereof within this State; that is to say, alcoholic, 
spirituous, vinous or malt liquors, such as brandy, whiskey, 
wine, rum, gin, and beer, and other intoxicating liquors and 
beverages, and all the other liquors, liquids, and beverages pro¬ 
hibited by the laws of Alabama to be manufactured, sold or 
otherwise disposed of in the State. Therefore, it is hereby 
made unlawful, (1) to advertise upon any street car, railroad 
car or other vehicle of transportation, or at any public place 
or resort, or upon any sign or bill board, or by any circulars, 
posters, price lists, newspapers, periodicals or otherwise within 
this State, said liquors and beverages, or any of them, or to 
advertise the manufacture, sale, keeping for sale or furnishing 



38 


of any of them, or the person from whom or the firm or cor¬ 
poration from which, or the place where, or the price at which, 
or the method hy which the same or any of them may be ob¬ 
tained; (2) to circulate or publish any newspaper, periodical, 
or other written or printed matter in which any advertisement 
in this section specified shall appear, or to permit any sign, 
or bill board containing such advertisement to remain upon 
one’s premises; or to circulate any price lists, order blanks or 
other matter for the purpose of inducing or securing orders for 
such liquors, liquids and beverages, or any of them, no matter 
where located. Any sheriff, constable or police officer is author¬ 
ized to remove any such advertisement from any sign, bill board, 
or other public place when it comes to his notice, and shall do 
so upon demand of any citizen. 

Sec. 2. That any advertisement or notice containing the 
picture of a brewery, distillery, bottle, keg, barrel, or box, or 
other receptacles represented as containing any of said liquors 
or beverages, or designed to serve as an advertisement thereof, 
shall be within the inhibition of section 1. 

Sec. 3. That where and when any violation of any of the 
provisions of section 1 of this act shall have occurred, the con¬ 
tinuation or repetition of the unlawful act or any of like kind 
by the offending person, firm or corporation, may be prevented 
by a writ of injunction issued out of a court of equity upon a 
bill filed in the name of the State of Alabama by the State At¬ 
torney General, or by any solicitor or prosecuting attorney in 
the county, or hy any citizen or citizens of the county, in which 
the offense lias been committed; and all rules of evidence, prac¬ 
tice and procedure that pertain to courts of equity generally 
in this State may he invoked and applied, as well as the rules 
and practice prescribed for bills in equity to abate liquor nui¬ 
sances, as far as the same are adaptable. All persons whether 
agents, servants or officers of corporations, or agents or ser¬ 
vants of individuals aiding or abetting in the commission of 
the offense, may be made parties defendant to such bills. 

Sec. 4. That any violation of any provision of section 1 
of this act shall be punishable by a fine of not less than fifty 
nor more than five hundred dollars; to which may be added in 
the discretion of the court or judge trying the case imprison¬ 
ment in the county jail or at hard labor for the county for not 
more than six months. 

Sec. 444- That since this act has a broader field of opera¬ 
tion than section 3, of an act, approved August 25th, 1909, to 
further suppress the evils of intemperance, and for other pur- 



39 


poses, known as the Fuller bill; and, also, amend the corre¬ 
sponding section of a similar act, enacted at this session, and 
approved January 23, 1915, to take effect June 30tli, 1915, said 
two sections of said two acts are hereby expressly repealed. 

Sec. 5. That this act shall take effect from and after its 
final passage and enactment into law, the public welfare requir¬ 
ing it. 

Passed by the Senate and House February 10, 1915. 


No. 10.) (S. 55. 

AN ACT 

To further promote temperance and suppress the evils of intemperance, and 
to restrict the consumption of spirituous, vinous, malted, fermented, or 
other intoxicating liquors in this State; to prevent shipments into this 
State and delivery herein for unlawful purposes of said liquors from 
points or places without this State; also the delivery thereof to ficti¬ 
tious consignees or the giving of orders for such liquors to enable the 
person other than the consignee to obtain such liquors for himself, or 
others; to prevent the delivery of such liquors to others than the con¬ 
signees without written orders or to minors; to require persons trans¬ 
porting and delivering such liquors to file certain statements with the 
probate judge in regard thereto, prescribing the duty of the probate 
judge in reference thereto, requiring parties transporting and deliver¬ 
ing such liquors from without the State to keep certain records in ref¬ 
erence thereto, and prescribing the persons that may have access to 
them; prohibiting banks, bankers and others from handling drafts, bills 
of exchange, or orders to pay money attached to which, or accompany¬ 
ing which are bills of 'lading, orders or receipts for such liquors, or 
other prohibited liquors and beverages; prescribing certain facts which 
shall constitute prima facie evidence that certain prohibited or defined 
liquors are received or kept or had in possession for sale contrary to law 
or other unlawful disposition thereof, restricting the quantity of liquors 
that may be received or had or possessed at one time or within the 
period of four consecutive weeks; prohibiting the division or breaking 
upon the premises of delivering carriers or persons of packages con¬ 
taining defined liquors and beverages; making it unlawful to induce 
any transporting agency, by concealment of the nature of the shipment 
to carry prohibited liquors and beverages from one point in the State 
to another point therein; regulating procedure and fixing punishment 
and penalties. 

Be it enacted by the Legislature of Alabama: 

Section 1. That, it shall be unlawful for any railroad com¬ 
pany, express company, or other common carrier, or any officer, 
agent or employee or any of them, or any other person to ship 
or to transport into, or to deliver in this State in any manner, 
or by any means whatsoever, any spirituous, vinous, malted, 
fermented or other intoxicating liquors of any kind from any 
other state, territory or district of the United States, or place 
noncontiguous to, but subject to the jurisdiction of the United 



40 


►States, or from any foreign country, to any person, firm or cor¬ 
poration within the territory of this State, when the said spir¬ 
ituous, vinous, malted, fermented or other intoxicating liquors, 
or any of them, are intended by any person interested therein 
to be received, possessed, sold, or in any manner used, either in 
the original package, or otherwise, in violation of any law of 
this State now in force, or in violation of any law that may be 
hereafter enacted in this State, or take effect therein. 

Sec. 2. That, it shall be unlawful for any railroad company, 
express company, or any other common carrier, or any officer, 
agent or employee of any of them, or any other person, to de¬ 
liver any liquors of the kind mentioned in section 1 of this act 
when brought into the State from any of the points or places 
mentioned in section 1 of this act, to any person whomsoever, 
where said liquor has been consigned to a fictitious person, firm 
or corporation, or to a person, firm or corporation under a fic¬ 
titious name. 

Sec. 3. That, it shall be unlawful for any person, firm or 
corporation to whom any such liquor mentioned in section 1 of 
this act has been consigned from any of the points or places 
mentioned in section 1 of this act, whether consigned to the 
party by the right name, or by a fictitious name, to give to any 
other person an order for such liquor to any railroad company, 
express company, or other common carrier, or any officer, agent 
or employee of any of them, or to any other person, where the 
purpose of such order is to enable such person to obtain or re¬ 
ceive such liquors for himself, or for any other person, firm or 
corporation than the consignee. 

Sec. 4. That, it shall be unlawful for any person, firm or 
corporation to accept from any railroad company, express 
company, or other common carrier, or any officer, agent or em¬ 
ployee of any of them, or from any other person any delivery 
of the liquors mentioned in section 1 of this act, or any of them, 
when transported into this State, or delivered in this State in 
any manner, or by any means whatsoever from the points or 
places mentioned in section 1 of this act, where the said person, 
firm or corporation so accepting such delivery intends to re¬ 
ceive, possess, or sell, or in any manner use either in original 
package or otherwise, the said liquors, or any of them, in viola¬ 
tion of any law of this State now in force, or of this act or of 
any law that may be hereafter enacted in this State or take 
effect therein. 

Sec. 5. That it shall be unlawful for any railroad company, 
express company, or other common carrier, or any officer, agent 



41 


or employee, of any of them, or any other person, to deliver any 
of the liquors mentioned in section 1 of this act, when brought 
into the State from any of the points or places mentioned in 
section 1 of this act, to any person other than the person to 
whom such liquors are consigned, without a written order in 
each instance by said consignee therefor; or to make such de¬ 
livery of said liquors as aforesaid when consigned to a firm or 
corporation, except to a member of said firm, or an officer or 
agent of such corporation, or upon a written order in each in¬ 
stance by the consignee therefor. 

Sec. 6. That it shall be the duty of every railroad company, 
express company, or other common carrier, and of every person, 
firm or corporation that shall carry or transport any of the 
liquors mentioned in section 1 of this act into this State from 
any of the points or places mentioned in section 1 of this act, 
and who shall deliver such liquors or any of them to any per¬ 
son, firm or corporation in this State, to file with the probate 
judge of the county in which said liquor is delivered, a statement 
either printed or plainly written, or typewritten on stout paper, 
correctly stating the date on which the liquor was delivered, the 
name and postoffice address of the consignee and consignor, the 
place of delivery, and to whom delivered, and the kind and 
amount of such liquor delivered, such statement to be filed 
within three days after the date of delivery of such liquor. If 
said statement is in writing, it shall be in a fair and legible 
hand, and the names of the consignee and consignor and of the 
party obtaining delivery shall be truly ascertained and fur¬ 
nished in such way as to avoid mistakes in names; but this sec¬ 
tion shall apply upon its enactment into law to all deliveries of 
liquors mentioned in section 1 at places and localities and 
within any territory in this State, where and within which it 
shall then be unlawful to sell, keep for sale or otherwise dispose 
of said liquors, and it shall become applicable to all deliveries 
of such liquors at other places and localities and within other 
territory when and as soon as it becomes unlawful to sell, keep 
for sale, or otherwise dispose of such liquors at such places or 
localities or within such territory. If any person, firm or cor¬ 
poration within the terms of this section shall neglect or refuse 
to file with the probate judge of the county as herein required, 
such statement or statements, then it shall be the duty of the 
probate judge to make written demand upon such person, firm 
or corporation to comply with the requirements of this section, 
such demand to be served by the sheriff and return made by him 
to the probate judge upon a copy of the original demand; and 



42 


upon further refusal or non-compliance, it shall be the duty of 
the probate judge to promptly inform the attorney general of 
the State of such failure or refusal, and it shall then be the duty 
of the attorney general, either himself to file, or to direct and 
secure some solicitor or prosecuting attorney whose duty it is to 
prosecute crime in the county, to file a suit in the name of the 
State on the relation of the officer filing same, in an appropri¬ 
ate court to secure a mandamus to compel the compliance with 
this section, or file a bill in equity for a mandatory injunction 
restraining the further non-compliance with this section on the 
part of the delinquent person, firm or corporation. Provided 
that the provisions of this section shall not require the filing of 
statements mentioned, in the probate judge’s office, as to deliv¬ 
eries of liquors mentioned in section 1 of this act, in quantities 
not exceeding those mentioned respectively in sections 12 and 
13 of this act, respectively. 

Sec. 7. It shall be the duty of the probate judge to immedi¬ 
ately file the statements required by the preceding section as a 
part of the files of his office, and (1) to permit any sheriff, dep¬ 
uty sheriff, constable, chief of police, or other police officer of a 
town or city, prosecuting attorney, or solicitor whose duty it is 
to prosecute crime in the county in which delivery is made, and 
any other peace officer of the county or officer charged with the 
duty of prosecuting violations of the law, to inspect the said 
statements as they may desire at any time the office of the said 
probate judge may be open, and especially to permit inspection 
thereof by any officer, or other duly authorized person seeking 
information for the prosecution of persons charged with, or sus¬ 
pected of crime, and especially of the crime of selling, giving 
away, bartering, keeping for sale, or otherwise disposing of 
liquors or any of them mentioned in section 1 of this act, or 
other liquors and beverages prohibited by the laws of the State 
to be sold, given away, kept for sale, or otherwise disposed of in 
such county, or in the State; and 12) to permit any and all 
other persons so desiring to inspect the said statements, to do 
so at any time the office of the probate judge may be open. It 
shall be the further duty of the probate judge to give a certified 
copy of such statements to any of said officers without charge 
or to other persons requesting or demanding the same upon the 
payment of lawful fees therefor, and the said original state¬ 
ments or certified copies thereof, shall be competent evidence 
upon the trial of any cause whatever in any of the courts of this 
State in which same may be relevant or material to the issue or 
issues involved. 



43 


See. 8. It shall be the duty of every railroad company, ex¬ 
press company, or other common carrier, and of every person, 
firm, or corporation that shall carry or transport any of the 
liquors mentioned in section 1 of this act into the State from 
any of the points or places mentioned in section 1 of this act, 
for the purpose of delivery, and who shall deliver such liquors, 
or any of them, to any person, firm or corporation in this State, 
to currently keep in a fair and legible hand, or typewritten or 
otherwise, so that same may be easily read, a record of such 
liquors, and of the delivery thereof, which shall set forth the 
date on which such liquors were received and delivered, the 
name and the post-office address of the consignor and con¬ 
signee, the place of delivery, and the person to whom delivered, 
and the kind and amount of such liquor delivered. 

Sec. 9. That, the record hereinabove required to be kept by 
common carriers, or persons, firms or corporations making deliv¬ 
ery of said liquors, or any of them in this State from any point 
or place mentioned in section 1 of this act, shall also be open 
to the inspection, (1) of the officers mentioned in section 7, 
and (2) of the duly authorized person seeking information for 
the prosecution of persons charged with or suspected of crime, 
and when application is made by any of the said officers or 
persons for permission to examine and take copies of such rec¬ 
ord, they shall be allowed to do so during the office or business 
hours of the persons or corporations keeping said record, and in 
such reasonable manner as not to interfere with the business of 
the corporation, or person keeping said record. The said record 
may be secured to be produced in court by any lawful process 
issued by any court of the State, or existing under the authority 
of the State, to be used as evidence, and said record shall be 
competent evidence, upon the trial of any causes whatsoever in 
any of the said courts, in which the record may be material or 
relevant to the issues involved. 

Sec. 10. That, it shall be unlawful for any railroad com- 
pany, express company, or other common carrier, or any per- 
son, agent, employee thereof, or any other person, to deliver to 
any minor in this State, any of the liquors mentioned in section 
1 of this act, that may be brought into this State from any point 
or places mentioned in section 1 of this act. 

Sec. 11. That, it shall be unlawful for any bank incorporat¬ 
ed under the laws of this State, or national bank or private 
banker, or any individual, firm or association, to present, collect 
or in any way handle any draft, bill of exchange or order to pay 
money, to which draft, bill of exchange, order to pay money is 



44 


attached a bill of lading, or order, or receipt for any spirituous, 
vinous, malted, fermented or other intoxicating liquors of any 
kind, or any liquor, liquids, or beverages prohibited by the laws 
of this State to be manufactured or sold, or otherwise disposed 
of in this State, or which draft is enclosed with, connected with, 
or in any related to, directly or indirectly, any bill of lad¬ 
ing, order or receipt for the said liquors in this section above 
mentioned, or any of them; and any person, firm, corporation, 
or bank, or banker violating the provisions of this act, shall be 
guilty of a misdemeanor; but this section shall apply upon its 
enactment into law to all acts of the kind prohibited by this 
section occurring at any place or localities and within any ter¬ 
ritory of this State where and within which it shall then be un¬ 
lawful to sell, keep for sale, or otherwise dispose of said liquor, 
and it shall become applicable to all such prohibited acts at 
other places and localities and within other territory in this 
State, when and as soon as it shall become unlawful to sell, 
keep for sale, or otherwise dispose of such liquors at such places 
or localities or within such territory. 

Sec. 12. That it shall be unlawful for any person, firm or 
corporation, (1) to receive or accept for delivery of, or to pos¬ 
sess or to have in possession at any one time whether in one or 
more places, and whether in original packages or otherwise, 
more than one-half gallon of spirituous liquors, or more than 
two gallons of vinous liquors, or more than five gallons of malt¬ 
ed liquors, when in kegs, or more than sixty pints in bot¬ 
tles, or more than one gallon of any other intoxicating or fer¬ 
mented liquors beyond those thus enumerated; or (2) to re¬ 
ceive, accept delivery of, possess, or have in possession more 
than one gallon of spirituous liquors, or four gallons of vinous 
liquors, or more than ten gallons of malted liquor, including 
beer and ale, when in kegs, or one hundred and twenty pints in 
bottles, or more than two gallons of any other fermented or in¬ 
toxicating liquors beyond those thus enumerated, within any 
four consecutive weeks, whether in one or more places, but this 
section shall not apply to the possession of wine or cordial made 
from grapes or other fruit grown and raised by the person mak¬ 
ing the same for his own domestic use, when such person keeps 
such wine or cordial for his own domestic use on his own prem¬ 
ises ; but this section shall apply upon its enactment into law 
to such receipt, or acceptance of deliveries, or possession of such 
liquors respectively, occurring at any place or locality or within 
any territory in this State, where and within which it shall then 
be unlawful to sell, keep for sale, or otherwise dispose of said 



45 


liquors, and it shall become applicable in respect to such receipt 
or acceptance of deliveries or possession of such liquors occur¬ 
ring at other places or localities, and within other territory in 
this State when and as soon as it shall become unlawful to sell, 
keep for sale, or otherwise dispose of such liquors at such places 
or localities or within such such territory; this section shall not 
affect or modify any existing law or any law enacted at this ses¬ 
sion of the Legislature in so far as it regulates the sale or keep¬ 
ing for sale of alcohol, or wine for a defined purpose, by whole¬ 
sale or retail druggists. 

Sec. 13. That any of the following facts shall constitute 
prima facie evidence that the liquors mentioned in the subdi¬ 
visions of this section, respectively, are kept, or had in posses¬ 
sion for sale, contrary to law, or for other unlawful disposition 
thereof, to-wit: (1) The possession of more than one-half gal¬ 
lon of spirituous liquors at any one time, whether in one or 
more places, or (2) The possession of more than two gallons of 
vinous liquors at any one time whether in one or more places, 
(3) The possession of more than five gallons of malted liquors, 
when in kegs, or more than sixty pints in bottles, at any one 
time, whether in one or more places. (4) The delivery to a per¬ 
son, firm or corporation, or any officer, agent or servant of any 
of them, of more than one gallon of spirituous liquors, or more 
than four gallons of vinous liquors, or of more than ten gallons 
of malted or fermented liquors including beer and ale, when in 
kegs or more than one hundred and twenty pints in bottles, with¬ 
in any four consecutive weeks, whether in one or more places. (5) 
The possession of more than two gallons of any intoxicating 
liquors other than those enumerated in the preceding subdivis¬ 
ions of this section, whether in one or more places; but this 
section shall not apply to the possession of wine or cordials 
made from grapes or other fruit grown and raised by the per¬ 
son making the same for his own domestic use, when such per¬ 
son keeps said wine or cordial for his own domestic use on his 
own premises, nor to alcohol or wine authorized by law to be 
sold by druggists for defined purposes. This section shall not 
repeal or modify any other statute of the State declaring what 
shall constitute the presumption of or prima facie evidence of 
guilt, of the violation of any law of the State for the promo¬ 
tion of temperance or for the suppression of the evils of intern* 
peiance, and this section is in addition to and supplemental to 
other statutes declaring such presumption or declaring such 
prima facie evidence of guilt. But this section shall apply upon 
its enactment into law to all possessions and deliveries of 



46 


liquors as hereinabove stated when occurring at any place or 
localities and within any territory of this State, where and 
within which it shall then be unlawful to sell, keep for sale, or 
otherwise dispose of said liquors, and it shall become applica¬ 
ble to such possessions and deliveries at other places and locali¬ 
ties, and within other territory in this State, when and as soon 
as it shall become unlawful to sell, keep for sale, or otherwise 
dispose of such liquors at such place, or localities or within 
such territory. 

Sec. 14. That, it shall be unlawful for any person to break 
open, or divide upon the premises of the delivering carrier or 
person, any original package or packages in which liquors men¬ 
tioned in section 1 of this act are shipped from any of the points 
or places mentioned in section 1 of this act into this State, or 
for any express agent, freight agent, or other employee of any 
express company, railroad company, or any other transporta¬ 
tion company, or for any person or corporation engaged in the 
business of transportation or transporting any of said liquors 
as aforesaid into this State, to allow any original package or 
packages in which such liquors are shipped, to be broken open 
or divided in any manner upon the premises of such company or' 
carrier, or person making the delivery, under the supervision 
of such agent, servant or employee or otherwise. 

Sec. 15. That, it shall be unlawful for any person, firm, or 
corporation to cause or induce any railroad company, express 
company, or other carrier, or any servant, agent or employee 
thereof, or any other person to carry, transport or ship from 
any one point or place in this State to another point or place in 
this State for delivery to himself or any other person in this 
State, any package, trunk or valise containing any liquors men¬ 
tioned in section 1 of this act, or any other liquors, liquids or 
beverages prohibited by the laws of this State to be sold, or oth¬ 
erwise disposed of in this State, by failing to notify the carrier 
its servant or agent, or by failing to notify any other person 
who carries the same of the true nature and character of the 
shipment; and this section applies to a shipment made from a 
point in a State to another point in the State to which it is un¬ 
lawful to transport such liquors or to which it may hereafter 
become unlawful to transport such liquors. 

Sec. 16. That this act shall not repeal any law of the State 
directed against intra state shipments of the liquors nientioned 
in section 1 of this act, or of other prohibited liquors and bev¬ 
erages, but this act is supplemental to the laws of the State in 
reference to intra-state shipments. 



47 


Sec. 17. That when a greater quantity than one quart of the 
liquors mentioned in section 1 of this act or of other prohibited 
liquors and beverages is received or had in possession in this 
State, in pint or half pint bottles, or receptacles, whether from 
w r ithin or without the State, this shall constitute prima facie 
evidence that such liquors are received for an unlawful purpose 
and that they are had in possession for sale, or for other unlaw¬ 
ful disposition; and it is further enacted that a greater quan¬ 
tity than one quart of such liquors shall not be received or pos¬ 
sessed at one time in pint or half pint bottles or receptacles, and 
a violation of this section shall be a misdemeanor, but this sec¬ 
tion shall not apply to beer or ale. But this section shall apply 
upon its enactment into law to all receipts or possessions of 
said liquors occurring at any place or localities or within any 
territory of this State where and within which it shall then be 
unlawful to sell, keep for sale or otherwise dispose of such 
liquors, and it shall become applicable to such possessions and 
deliveries at other places and localities, and within other terri¬ 
tory in this State when and as soon as it shall become unlawful 
to sell, keep for sale, or otherwise dispose of such liquors at 
such place or localities, or within such territory. 

Sec. 18. That, if for any reason any section, provision, 
clause or any part of this act shall be held to be unconstitu¬ 
tional or invalid, then that fact shall not affect or destroy the 
validity or constitutionality of any other section, provision, 
clause or part of this act, which is not in and of itself unconsti¬ 
tutional or invalid, and the remaining portion of the act shall 
be enforced without regard to the section, provision, clause or 
part so held to be invalid. This act shall be liberally construed 
so as to accomplish the purpose thereof, which is to further 
suppress the evils of intemperance, and to restrict the consump¬ 
tion of intoxicating liquors in this State, and to secure obedi¬ 
ence to, and enforcement of the laws of this State for promotion 
of temperance and suppress all traffic in intoxicating liquors 
and beverages, and other prohibited liquors and beverages. 

Sec. 19. That, this act shall be construed in harmony with 
all statutes of the United States relating to the transportation 
of the liquors mentioned in section 1 of this act into this State 
from points or places outside of the State mentioned in section 
1 of this act, and other Federal statutes bearing upon inter¬ 
state shipments of such liquors. 

Sec. 20. That, in the prosecutions of violations of this act 
or any law for the suppression of evils of intemperance or the 
promotion of temperance, any common carrier doing business in 



48 


the State of Alabama, or any person engaged in transportation 
in the State, or making deliveries in this State of the liquors 
mentioned in section 1 of this act, or of other prohibited liquors 
and beverages, is required to permit an examination of all his 
books, records, papers, bills of lading, and accounts pertaining 
to the shipment of such liquors, by any officer in this State 
whose duty it is to prosecute crime, or ferret out criminals, 
when such information is sought for the prosecution of persons 
charged with, or suspected of crime. 

Sec. 21. That no person shall be excused from testifying 
before the grand jury, or on the trial in any prosecution for any 
violation of this act, but no disclosure or discovery made by 
such person is to be used against him in any penal or criminal 
prosecution for and on account of the matters disclosed. 

Sec. 22. That, in all prosecutions under this act for unlaw¬ 
ful shipments of the liquors mentioned in section 1 of this act 
into this State, the offense shall be held to have been committed 
in any county of the State through which or into which said 
liquors have been carried or transported, or in which they have 
been unloaded, or to which they have been conveyed for de¬ 
livery. 

Sec. 23. That, any railroad company, express company, or 
other carrier, or any person or corporation violating any of the 
provisions of this act, or failing to comply with any require¬ 
ments thereof, shall be guilty of a misdemeanor, punishable by 
a fine of not less than fifty dollars, nor more than five hundred 
dollars, to which at the discretion of the court or judge trying 
the case, may be added imprisonment in the county jail, or con¬ 
finement at hard labor for the county for not more than six 
months for the first conviction; and on the second and every 
subsequent conviction of a violation of any provision of this act, 
the offense shall in addition to a fine within the limitations 
above named, be punishable by imprisonment in the county jail, 
or at hard labor for the county for not less than three, nor more 
than six months, to be imposed by the court or judge trying the 
case; and it shall be the duty of the solicitor or prosecuting at¬ 
torney in all cases of indictment by the grand jury to ascertain 
whether or not the charge made by the grand jury is the first or 
subsequent offense, and if the latter, it shall be so stated in the 
indictment and returned, and he shall introduce proper evi¬ 
dence before the trial court showing that it is a subsequent of¬ 
fense and shall not be permitted to use his discretion in charg¬ 
ing said second offense or in introducing evidence and proving 
the same on the trial. 



49 


Sec. 24. That this act shall take effect from and after its 
final passage and enactment into law, the public welfare re¬ 
quiring it. 

Passed by the House and Senate January 27th, 1915. 


No. 11.) (S. J. R. 47. 

Whereas, the Congress of the United States has passed an 
act approved by the President, May 8, 1914, entitled “An act 
to provide for cooperative agricultural extension work between 
the agricultural colleges in the several states receiving the bene¬ 
fits of the act of Congress approved July 2, 1862, and acts sup¬ 
plementary thereto, and the United States department of agri¬ 
culture,” and 

Whereas, it is provided in section 3 of the act aforesaid, that 
the grants of money authorized by this act shall be paid an¬ 
nually “To each State which shall by action of its Legislature 
assent to the provisions of this act,” therefore 

Be it resolved by the Senate, the House concurring, that 
the assent of the Legislature of the State of Alabama, be and 
is hereby given to the provisions and requirements of said act, 
and that the trustees of the Alabama Polytechnic Institute be 
and they are hereby authorized and empowered to receive the 
grants of money appropriated under said act, and to organize 
and conduct agricultural extension work which shall be carried 
on in connection with said Alabama Polytechnic Institute in 
accordance with the terms and conditions expressed in the act 
of Congress aforesaid. 

Adopted by the Senate and concurred in by the House Janu¬ 
ary 29,1915. 


No. 12.) 


(Report of the Joint Committee on Rules.) 

Resolved by the Legislature of Alabama : 

1. That the Legislature remain in session until the end of 
the 20th legislative day, and that the two houses, on that day, 
take a recess, and reconvene July 13th, 1915, at 12 o’clock M. 

2. That a special committee on judiciary, consisting of five 
members from the House, appointed by the speaker, and three 



50 


from the Senate, appointed by the President of the Senate, be 
appointed with instructions and directions to consider all 
questions concerning the judicial system of the State, organiza¬ 
tions of the courts, circuits, districts, re-organization, consolida¬ 
tion of courts, jurisdiction, procedure, officers, terms, juries and 
jury commissioners, times of meeting, and such other matters 
as affect the administration of the laws. That this special com¬ 
mittee also consider the question concerning workman’s com¬ 
pensation acts, and all questions concerning constitutional 
amendments pending at time of recessing; and shall report by 
bill or bills, or otherwise, as to them shall appear best. That 
this committee is authorized to employ one clerk, who shall be 
an expert stenographer and typewriter. 

3. That there be raised a special committee on finance and 
taxation, to be composed of eight members, five from the House 
of Representatives, to be appointed by the speaker of the House, 
and three from the Senate, to be appointed by the Lieutenant 
Governor, which committee shall sit during the recess, for 
the consideration of all questions of finance and taxation, and 
the raising of revenue of and for the State. The committee 
shall ascertain and report the cost of operating the several 
departments in the State government, and shall also report 
upon the present efficiency of the various departments, and 
their employees, and shall recommend such economies as, in 
the judgment of the committee can be put into effect without 
detriment to the public service. The said committee shall also 
prepare and report to the Legislature upon the reconvening of 
same, a complete revision of the system for raising revenue of 
the State by taxation, or otherwise and the findings of the 
committee Shall be embodied in a bill to be submitted to the 
Legislature, which bill shall supplant and repeal all existing 
laws in regard to the raising of revenues for the State. The 
said committee shall also investigate the cost of the operation 
of the convict department, and its management, and report 
thereon to the Legislature by bill or otherwise. The said com¬ 
mittee shall have authority to call to its assistance the heads of 
the various departments of the State government, and including 
the examiners of public accounts, who are directed to render 
to such committee all aid in their power when not conflicting 
with the performance of their public duties. The committee 
shall have authority to employ a clerk, who shall be a stenog¬ 
rapher, and such expert and clerical assistance in addition to 
that herein provided for, as may be necessary to accomplish 
the purpose of this resolution, and pay the necessary traveling 
expenses of the members and clerks of the committee. 



51 


4. That each of committees shall be authorized to admin¬ 
ister oaths, and send for persons and papers. 

5. That the members of the committees and all clerks 
whom the committees are authorized to employ, shall receive 
four dollars per day while engaged on the work assigned such 
committee, and also receive the same mileage they receive for 
attending the Legislature, and also necessary traveling expenses. 
The chairman of each of said committees shall certify to the 
auditor what amount is due each member, or clerk, who must 
draw his warrant therefor on the State treasurer. 

Passed by the Senate February 1st, 1915. 


No. 14.) H. 63. 

AN ACT 

To authorize women to serve on boards of education of counties, and cities 
and towns. 

Be it enacted by the Legislature of Alabama: 

1. That on and after the passage of this bill women shall 
be eligible to serve on the boards of education of incorporated 
cities and towns and on county boards of education. 

2, All laws and parts of laws, local, general or special in 
conflict with the provisions of this act be and the same are 
hereby repealed. 

Approved February 1, 1915. 


No. 17.) (S. J. R. 57. 

Be it resolved by the Senate, the House of Representatives 
concurring: 

That the Senators and Representatives of Alabama, in the 
Congress of the United States, are hereby memorialized and 
requested to do all within their power to secure the immediate 
passage of the administration bill to secure ships for transporta¬ 
tion of American products to the markets of the world. Our 
cotton is the greatest sufferer from want of transportation. 
We urge prompt action by our senators and representatives. 

Passed by the Senate and concurred in by the House Feb¬ 
ruary 3, 1915. 



52 


No. 27.) (H. 117. 

AN ACT 

To amend section 3510 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 3510 of the Code be amended so as 
to read as follows: 3510. How to dissolve a corporation. When¬ 
ever the holders of all the capital stock of any corporation shall 
desire to dissolve the corporation, they may do so by an agree¬ 
ment to that end signed by all the stockholders, and acknowl¬ 
edged or proved by the president of the corporation as in case 
of deed to real estate, and filed and recorded in the office of the 
probate judge of the county where the corporation was organ¬ 
ized, the corporation shall he dissolved and the board of direc¬ 
tors shall proceed to settle up and adjust its business and 
affairs. 

Approved February 9, 1915. 


No. 29.) (H. 166. 

AN ACT 

To amend an act entitled “An Act to provide and create a commission form 
of municipal government and to establish same in all cities of Alabama 
which now have or which may hereafter have a population of as much 
as twenty-five thousand and less than fifty thousand people, according 
to the last Federal census, or any such census Which may hereafter be 
taken; to regulate the selection and election of commissioners and their 
terms of office and recall from office, to fix their powers, duties and 
compensation, to punish improper conduct in connection with elections 
and petitions hereunder; to abolish police commissioners, aldermen and 
certain other city officials, and otherwise provide for the creation and 
^^ntenance of said commission form of government,” approved April 

Be it Enacted by the Legislature of Alabama : That an 
act, entitled “An Act to provide and create a commission form 
of municipal government and to establish same in all cities of 
Alabama which now have or which may hereafter have a pop¬ 
ulation of as much as twenty-five thousand and less than fifty 
thousand people, according to the last Federal census, or any 
such census which may hereafter he taken; to regulate the 
selection and election of commissioners and their terms of of¬ 
fice and recall from office; to fix their powers, duties and com¬ 
pensation ; to punish improper conduct in connection with 



53 


elections and petitions hereunder; to abolish police commis¬ 
sioners, aldermen and certain other city officials; and other¬ 
wise provided for the creation and maintenance of said commis¬ 
sion form of government,” approved April 6, 1911, be amend¬ 
ed so as to read as follows: 

Be it Enacted by the Legislature of Alabama: 

Section 1. All cities of the State of Alabama which have 
a population of as many as twenty-five thousand and less than 
fifty thousand people, according to the last Federal census, 
or which shall hereafter have such population according to 
any census that may be taken hereafter, shall become organiz¬ 
ed under the commission form of government, according to 
the terms of this act, and shall be known as cities of Class “C.” 

Sec. 2. In all cities of the State of Alabama which have 
such population, according to the last Federal census, the Gov¬ 
ernor is authorized, during the year 1911, and required to ap¬ 
point four persons, to hold office as commissioners of said city, 
who shall hold office from the second Monday in April, 1911, 
until the first Monday in October, 1915, and until their suc¬ 
cessors shall be elected and shall qualify as hereinafter pro¬ 
vided, but after the expiration of the terms of the first com¬ 
missioners, i. e., the first Monday in October, 1915, there shall 
be but three commissioners for any such city. The term of of¬ 
fice of each member of the board, including the president of 
commissioners, after the expiration of the term hereinbefore 
provided, shall be four years, and until their successors shall 
be elected and shall qualify as hereinafter provided. The may¬ 
or, or chief executive of every such city, shall be and become on 
the second Monday in April, 1911, as provided herein, the pres¬ 
ident of the board of commissioners of such city, and shall 
hold office until the first Monday in October, 1915. It is the 
intention of this section that the commissioners appointed by 
the Governor in 1911, to take office on the second Monday in 
April, 1911, shall hold office until the first Monday in October, 
1915, and that the board of commissioners of any such city 
shall thereafter consist of only three members, who shall be 
elected by the voters of such city on the third Monday in Sep¬ 
tember, 1915, and every four years thereafter. 

Sec. 3. The provisions of this act shall apply to and be¬ 
come operative in all cities not now having but which shall 
hereafter have a population of as many as twenty-five thousand 
people, according to any Federal census that may be taken 
hereafter, and election may be called and such cities may be¬ 
come organized under this act in the same manner, as cities 



54 


having the required population at the time of the passage of 
this act. 

Sec. 4. The president and the commissioners provided for 
in this act shall be known collectively as the “Board of Com¬ 
missioners of the City of...” (name 

of city to be inserted), and shall be the members of the board 
of commissioners, and it shall have the powers and duties here¬ 
inafter provided. The first commissioners appointed under 
the provisions of this act shall qualify for office in the manner 
prescribed by this act, and shall take office on the second Mon¬ 
day in April, 1911. As soon as they have qualified for office 
in any such city, then such city shall at that time and thereby 
be and become organized under the commission form of gov¬ 
ernment provided by this act, and said commissioners provid¬ 
ed for by this act shall forthwith take office and enter upon 
their duties. 

Sec. 5. The president of the board of commissioners and 
commissioners of such city, to be known as the board of com¬ 
missioners of said city, as provided, shall be municipal offi¬ 
cers only, and shall have, and possess and exercise, only the 
municipal powers, legislative, executive and judicial possessed 
and exercised by the mayor and board of aldermen, and any 
and all other boards, commission and officers of such city of 
any and of every sort whatsoever, except the powers conferred 
on the county board of health, and on the board of public safe¬ 
ty, hereinafter created, in so far as they apply to said city, by 
State law, or by existing ordinances enacted by said city, ex¬ 
cept whatsoever power they may possess, expressly or implied¬ 
ly as State officers, or such powers that are expressly or im¬ 
pliedly given by this act; and all such boards, commissions and 
officers, except those provided for by this act, shall then and 
there be abolished, and the terms of office of any and all such 
officers or officials shall then and thereby cease. Said board 
of commissioners shall not have, possess or exercise any legis¬ 
lative, executive, judicial or administrative powers of the State 
or county, except when acting as a recorder, and then only as 
a committing magistrate, nor shall the offices held by them be 
State offices, except herein provided; such city shall continue 
its existence as a body corporate under the name of “City of 

.-.” (inserting name of said city). It 

shall continue to be subject to all the duties and obligations 
then pertaining to or incumbent upon it as a municipal cor¬ 
poration not inconsistent with the provisions of this act, and 
shall continue to enjoy all the rights, immunities, powers, priv- 





55 


ileges and franchises then enjoyed by it, as well as those that 
may thereafter be granted to it, not inconsistent with the pro¬ 
visions of this act. All laws governing such city, and not in¬ 
consistent with the provisions of this act, shall apply to and 
govern said city after it shall become organized under the com¬ 
mission form of government provided by this act.. All laws, 
ordinances and resolutions lawfully passed and in force in 
any such city under its former organization not inconsistent 
with the provisions of this act, shall remain in force until al¬ 
tered or repealed, according to the provisions of this act. The 
territorial limits of such city shall remain the same as under 
its former organization, and all rights and property of every 
description which vested in it shall vest in it under the organ¬ 
ization herein provided for as though there had been no change 
in the organization of said city; and no right or liability either 
in favor of it or against it and no suit or prosecution of any 
kind shall be affected by such change, unless otherwise ex¬ 
pressly provided for by the terms of this act. All employees 
of said city and all officials except those whose terms of office 
are abolished by this act shall continue in office until other¬ 
wise provided by said board of commissioners or the board of 
public safety of said city, provided that this withdrawal or 
transfer of powers shall not apply to the powers conferred on 
the county board of health in so far as they apply to said city, 
by State law or by existing city ordinances, nor shall they ap¬ 
ply to the appointment of health officers for a city, nor to per¬ 
sons employed by such health officer to enforce quarantine 
under ordinances in force in the city. 

Sec. 5%. In cities having population of twenty-five thou¬ 
sand and less than fifty thousand, the management and control 
of the public schools therein shall be vested in a board of edu¬ 
cation, which shall be composed of five members, who shall 
serve without compensation, and shall be qualified electors and 
residents of the respective cities, and who shall not be members 
of the board of commissioners. At the first regular meeting of 
the board of commissioners after organization, or as soon 
thereafter as may be practicable, at any regular meeting, the 
board of commissioners shall elect the members of the board of 
education, whose term of office, respectively, shall be one, two, 
three, four and five years. Annually thereafter, at the first 
regular meeting in April or as soon thereafter as may be prac¬ 
ticable, at any regular meeting, the board of commissioners 
shall elect a member of the board of education, whose term of 
office, shall be five years, to succeed the member of the board 



56 


of education whose term expires that year. In the event of a 
vacancy in the membership of the board of education, by res¬ 
ignation or otherwise, the fact shall be reported to the board 
of commissioners, by the board, and the board of commission¬ 
ers shall elect a person to fill such a vacancy for the unexpired 
term. At its first regular meeting in May, after the election of 
said board of education, or as soon thereafter as practicable 
and annually thereafter, the board of education shall elect 
from its membership a president and vice-president. It shall 
also elect a clerk, who need not be a member of the board of 
education and may fix his compensation. The vice-president 
shall perform the duties of the president only when the pres¬ 
ident may be absent or unable to perform his duties. The 
board of education may fill any vacancy in any of the offices 
mentioned in this section. All property, real and personal and 
mixed, now held or hereafter acquired for school purposes, 
shall be held in trust for the use of the public schools of the 
city or town and. no sale or purchase of real estate shall be 
made by any other than the board of education of such city or 
town. The board of education shall have full and exclusive 
power, within the limits of the revenue appropriated for such 
purpose, or accruing to the use of the public schools, to pur¬ 
chase fixtures, furniture, apparatus, libraries, fuel and sup¬ 
plies for the use of the schools, and to sell the same, and to 
make expenditures for the maintenance and repair of the school 
grounds, buildings, and other property, to purchase sites and 
to establish and build new schools when such sites have been 
provided by the board of education and to superintend the erec¬ 
tion thereof; to make additions, alterations and repairs to the 
buildings and property devoted to school uses, and to make nec¬ 
essary and proper regulations, contracts and agreements in re¬ 
lation to such matters. All such contracts shall inure to the 
benefit of the public schools and in a suit at law or in equity, 
brought upon them and for the recovery and protection of 
money and property, belonging to and used by the public 
schools, or for damages, shall be brought by and in the name 
of the city. Each year the board of education shall make an 
estimate, in detail, of the amount of money required for the 
proper support and maintenance of the public schools during 
the next scholastic year, which shall be submitted to the board 
of commissioners, and the board of commissioners shall make 
annual appropriations for the support and maintenance of the 
schools that it may deem necessary and proper, in view of all 
other needs of the government of the city, and of the expected 



57 


revenues from taxes and otherwise. Money so appropriated, 
and all money received from the school fund of the State, poll 
taxes and the sale of school property, and the sale of bonds 
for school purposes, and from any other source whatever, for 
school purposes, shall be held by the treasurer of the city, as a 
special fund or funds for school purposes, and it shall be paid 
out by him on warrants drawn by the clerk of the board, and 
countersigned by the president, or vice-president, when act¬ 
ing as president of the board of education, and by the clerk of 
the city, and not otherwise. And no warrants shall be drawn 
unless in pursuance of a resolution of the board of education, 
entered upon its minutes. The board of education shall have 
full control of the public school of the city or town. It shall 
have power to establish schools, to discontinue any school, to 
consolidate schools; to prescribe courses of study and books to 
be used, not in conflict with the general law in reference to 
text-books, to divide the city into school divisions as circum¬ 
stances may require, to employ teachers and a superintendent 
of schools, and necessary employees, and to fix their salaries 
and wages, to establish and maintain high schools and pre¬ 
scribe rules, for the expulsion of pupils, to expel any pupil 
guilty of gross disobedience or willful misconduct; to dismiss 
any superintendent, teacher, or employee, when in its opinion 
the interests of the school require it, and generally to have 
and exercise all rights, powers and authority required for the 
management of a system of public schools. To designate 
amount to be paid by non-residents of the districts whether 
owners of property or not, who desire their children to be en¬ 
rolled ; provided, that wherever a non-resident of any such city 
owns property in any such city which has an assessed valua¬ 
tion of $500.00, then the child or children of such non-resident 
shall not pay more for the enrollment or attendance at the 
public schools in any such city than the child or children of 
a resident, and the board of education of any such city shall 
not have any power to designate an amount to be paid by a non¬ 
resident contrary to this provision. It shall be the duty of 
the board of education to examine or cause to be examined all 
persons at times and places fixed by it, offering as candidates 
for teachers’ places, and when found qualified to give them cer¬ 
tificates of qualification, gratuitously, to grant diplomas with¬ 
out charge to graduates of the high schools, to visit all schools 
as often as once a month, to establish and uniformly enforce 
proper rules and regulations, to enquire into the performance 
of their duties by the teachers and superintendent, and into the 



58 


progress of the pupils, and to prepare and submit to the board 
of commissioners an annual report showing the operation of 
the schools for the past scolastic year and suggesting their 
needs for the future. It shall be the duty of the board of edu¬ 
cation to elect a superintendent of schools, fix his term of of¬ 
fice and salary, prescribe his powers and duties. The super¬ 
intendent shall be required to give bond for the faithful per¬ 
formance of his duties which shall be payable to said city in 
the sum to be fixed by the board, not less than three thousand 
dollars, with surety or sureties to be approved by the presi¬ 
dent of the board, the bond to be filed with the clerk of the! 
city of town. The superintendent may be elected clerk of the 
board of education, and if so elected his bond shall stand as 
security for the faithful performance of his duties as clerk as 
well as superintendent however conditioned. It shall be the 
duty of the clerk of the board of education to keep full and 
correct detail account of all money received and expended. The 
superintendent shall attend to the taking of the school census, 
which shall be taken in the month of April, of each year, and 
it shall be his duty to make complete and accurate reports of 
the same to the superintendent of education of the State. Each 
incorporated city or town as a special district or embraced 
therein, shall receive its proportionate share of the public 
school revenue, to be paid over by the State superintendent of 
education direct to the city superintendent of schools, and by 
him paid over to the city treasurer. 

Sec. 6. Every city organized under the form of govern¬ 
ment provided for by this act, shall be governed and managed 
by the board of commissioners provided for herein, except as 
otherwise provided herein. Each and every officer and em¬ 
ployee of said city except the board of public safety, policemen, 
firemen and others holding under the board of public safety 
and the health officer and such persons as may be employed by 
him to enforce quarantine, and such other officers and employ¬ 
ees as are designated in this act shall be selected and employ¬ 
ed by the said board of commissioners, under its direction, and 
all salaries and wages paid by said city except as otherwise 
provided by the terms of this act, shall be fixed by said board 
of commissioners. Where not otherwise provided in this act, 
the commissioners shall prescribe and may at any time change 
the powers, duties and titles of all subordinate officers and 
employees of said city, except the title of city health officer and 
those holding under the board of public safety, all of whom, 
except those herein otherwise specified, shall hold office and 



59 


be removable at the pleasure of the board of commissioners, ex¬ 
cept the board of public safety, members of the police and fire 
departments, and except such other employees whose employ¬ 
ment, term of office, removal and the prescription of whose 
duties ai’e otherwise provided for in this act. The powers and 
duties of the board of commissioners in such cities shall be 
distributed into and among three departments, as follows: 
(1) Department of public affairs; (2) department of finance; 
(3) department of public works. The powers and duties per¬ 
taining to each of said departments shall be fixed by the said 
board of commissioners, and altered from time to time as they 
may deem best, and the departments of police and fire shall be 
under the board of public safety, as herein provided. 

Sec. 7. Said board of commissioners shall hold regular 
public meetings on Tuesday of each and every week at some 
regular hour to be fixed by said board from time to time, and 
publicly announced by it, and it may hold such adjourned, call¬ 
ed and other meetings as may be necessary or convenient. The 
president of the board, when present, shall preside at all meet¬ 
ings of said board, but shall have no veto power. A majority 
of the total number of members of said board shall constitute 
a quorum for the transaction of any and every business to be 
done by said board, and for the exercise of any and every pow¬ 
er conferred upon it ; and the affirmative vote of a majority of 
the total number of members of said board shall be necessary 
and sufficient for the passage of any resolution by law or or¬ 
dinance, for the transaction of any business of any sort by said 
board or the exercise of any of the powers conferred upon it 
by the terms of this act or that may be hereafter conferred 
upon it, by this act. This provision shall not be con¬ 
strued, however, so as to prevent the said board from delegat¬ 
ing or assigning to one or more of its members, or to such 
boards, commissions, officers or employees as may be created 
or selected by it, the performance of such executive or judicial 
duties, and powers that are by this act vested in such board 
of commissioners, as may be necessary or convenient, provided 
the same is done by resolution, by law or ordinance duly en¬ 
acted according to Die terms of this act, where not otherwise 
provided, provided the said board shall not have any power 
or authority that conflicts with the power and authority of the 
board of public safety. All meetings of said board of commis¬ 
sioners shall be open to the public. No resolution, by-law or 
ordinance granting any franchise, appropriating any money 
for any purpose, providing for any public improvements, en- 



60 


acting any regulations, concerning the public comfort, the pub¬ 
lic safety or public health or of any other general or permanent 
nature, shall be enacted, except at a regular or adjourned pub¬ 
lic meeting of said board, provided that a meeting of the board 

of commissioners of the city of.may be 

called at any time to consider and act upon an emergency that 
involves the public safety or public health, when not otherwise 
herein provided. Every motion, resolution or ordinance in¬ 
troduced at any and every such meeting shall be reduced to 
writing and read before any vote thereon shall be taken and 
the yeas and nays thereon shall be recorded, a record of the 
proceedings of every such meeting shall be kept in a well bound 
book and every resolution and ordinance passed by the board 
of commissioners must be recorded in such book and a record 
of the proceedings of the meeting be signed by at least two of 
the commissioners before the action taken shall be effective, 
such record shall be kept available for inspection by all citi¬ 
zens of such city, at all reasonable times. 

Sec. 8. No resolution, by-law or ordinance granting to 
any person, firm or corporation any franchise, lease or right to 
use the streets, public highways, thoroughfares, or public prop¬ 
erty of any city organized under the provisions of this act, 
either in, under, upon, along, through or over same shall take 
effect and be in force until thirty days after the final enact¬ 
ment of same by the board of commissioners, and publication 
of said resolution, by-law or ordinance in full once a week for 
three consecutive weeks, in some daily newspaper published 
in said city, which publication shall be made at the expense of 
the persons, firm or corporation applying for said grant. Pend¬ 
ing the passage of any such resolution, by-law or ordinance, or 
during the time intervening between the final passage and the 
expiration of the thirty days during which publication shall 
be made, as above provided, the legally qualified voters of said 
city may, by written petition or petitions, addressed to said 
board of commissioners, object to such grant, and if, during 
said period, such written petition or petitions signed by at 
least a thousand legally qualified voters of such city shall be 
filed with said board of commissioners, said board shall forth¬ 
with order an election at which election the legally qualified 
voters of said city shall vote for or against the proposed grant, 
as set forth in the said by-law, resolution or ordinance. In 
the call for said election, the said resolution, by-law or ordi¬ 
nance, making said grant, shall be published in said city, by 
one publication. If at such election, the majority of the votes 




61 


cast shall be in favor of said ordinance, and the making of the 
said proposed grant, the same shall thereupon become effective, 
but if a majority of the votes so cast shall be against the pas¬ 
sage of the said resolution, by-law or ordinance and against 
the making of said grant, the said by-law, resolution or ordi¬ 
nance shall not become effective, nor shall it confer any rights, 
powers or privileges of any kind, and it shall be the duty of the 
said the board of commissioners, after such result of said elec¬ 
tion shall be determined, to pass a resolution or ordinance to 
that effect. No grant of any franchise, or lease, or right of 
user, or any other right, in, under, upon, along, through or 
over the streets, public highways, thoroughfares or public prop¬ 
erty of any such city shall be made or given nor shall any such 
rights of any kind whatever be conferred upon any person, 
firm or corporation, except by resolution or ordinance, duly 
passed by the board of commissioners, at some regular or ad¬ 
journed public meeting and published as above provided for 
in this section; nor shall any extension or enlargement of any 
such rights or powers previously granted be made or given, ex¬ 
cept in the manner and subject to all the conditions, herein 
provided for, as to the original grant of same. It is expressly 
provided, however, that the provisions of this section shall not 
apply to the grant of side tracks or switching privileges to any 
railroad, or street car company for the purpose of reaching 
and affording railway connections and switch privileges to the 
owners or users of any industrial plant, store or warehouse; 
provided further that said side track or switch shall not ex¬ 
tend for a greater distance than one thousand three hundred 
and twenty (1,320) feet. All franchises or privileges hereto¬ 
fore granted, which are not in actual use or enjoyment or which 
the grantees thereof have not in good faith commenced to exer¬ 
cise at the time of the adoption of this act, are hereby declared 
forfeited and of no validity and it shall be the duty of the com¬ 
mission to carry out the provisions of this section by the en¬ 
actment of ordinances repealing said franchises, provided this 
section shall not apply to any franchise in which the ordinance 
granting the same shall have fixed a time within which work 
shall commence or he completed thereunder, and such time 
shall not have expired at the time of the adoption of this act. 
No exclusive franchise shall ever be granted, and no franchise 
shall ever be granted for a longer term than thirty years, and 
no franchise shall be renewed before one and one-half years of 
its expiration. When any person or corporation holding a 
franchise for the location, construction or operation of a rail- 



62 


road over a portion of any street, and said franchise has not 
expired, shall subsequently apply for a franchise to locate, con¬ 
struct or operate a railroad on any portion of the same street 
or upon any other street in connection therewith, said second 
franchise shall only be granted for the unexpired term of first 
franchise. No such grant, right, privilege or franchise shall 
ever be made to any person, firm, corporation or association 
unless it provides for adequate compensation or consideration 
therefor to be paid to such city, and in addition to any other 
form of compensation, any such grantee shall pay annually 
such fixed charge as may be prescribed in the franchise ordi¬ 
nance. Whenever any such grant, right, privilege or franchise 
provides for the payment of a per cent of the gross receipts, 
such grantee shall make and report to the commission all its 
gross earnings once in six months, and pay into the treasury 
the amounts due such city at the time said report is made. Said 
commission shall also have access to and the right to examine 
all books, receipts, files, records and documents of any such 
grantees to verify the correctness of such semi-annual state¬ 
ments and to correct the same if found to be erroneous. If 
such statement of earnings be incorrect, then such payment 
shall be made upon such corrected statement. Every ordi¬ 
nance granting any franchise may provide that at the expira¬ 
tion of the period for which the franchise was granted, or at 
any time before, as stated in the ordinance, the city, at its elec¬ 
tion and upon the payment of a fair valuation therefor, to be 
made in the manner provided in the ordinance making the 
grant, may purchase and take over to itself, the property and 
plant of the grantee in its entirety, but in no case shall the 
value of the franchise of the grantee be considered or taken 
into account in fixing such valuation Or it may be provided 
in the ordinance granting any franchise that the property and 
plant of the grantee shall at the expiration of the period for 
which the franchise was granted, become the property of the 
city, without any compensation to the grantee. Every ordi¬ 
nance granting any franchise may further provide that upon 
the payment by the city of a fair valuation in the manner pro¬ 
vided in the ordinance, the plant and the property of the gran¬ 
tee shall become the property of the city by virtue of the grant 
in payment thereunder, and without the execution of any in¬ 
strument or conveyance. Or in case it is provided in the ordi¬ 
nance granting any franchise that the property and plant of 
the grantee shall, at the expiration of the period for which it 
was granted, become the property of the city without any com- 



pensation to the grantee, the property and plant of the grantee 
shall then become the property of the city by virtue of the 
grant and without the execution of any instrument or convey¬ 
ance. No franchise granted by the city shall ever be leased, as¬ 
signed or otherwise alienated without the express consent of 
the city, and no dealing with the lessee or assignee on the part 
of the city to require the performance of any act or payment of 
any compensation by the lessee or assignee, shall be deemed to 
operate as such consent. Where the municipality is the owner 
of and operates a public utility plant, no franchise shall be 
granted to any person or corporation to operate any competi¬ 
tive plant unless approved first by a vote of the majority of 
the qualified electors of such municipality, at an election held 
in accordance with the provisions of this act. 

Sec. 8 y 2 . That for the advancement of the interest of the 
city the commissioners may make expenditures for the adver¬ 
tisement of the advantages of the locality and may make con¬ 
tributions together with its commercial organization for that 
purpose. 

Sec. 9. In every city which shall become organized accord¬ 
ing to the provisions of this act, an initial election shall be held 
on the third Monday in September, 1915, and when no majority 
is secured, then an election shall be had as provided in section 
10 of this act, and on the third Monday in September of every 
succeeding fourth year for the election of three commissioners, 
and of the three commissioners elected, that one who received 
the highest number of votes at the initial election shall be pres¬ 
ident of the commission, and shall have all the powers of the 
president herein provided for in this act. The commissioners 
then elected shall hold office for the term of four years from 
the first Monday in October, 1915, and until their successors are 
elected and shall qualify for office. Any person desiring to be¬ 
come a candidate at any election, except those by the commis¬ 
sion, which may be held according to the terms of this act for 
the office of commissioner to be elected, may become such can¬ 
didate by filing in the office of the judge of probate of the coun¬ 
ty in which said city is situated, a statement of such candidacy, 
accompanied by affidavit, taken and certified by said judge 
of probate, or by a notary public, that such person is duly qual¬ 
ified to hold the office for which he desires to become a candi¬ 
date. Such statement shall be filed at least twenty-one days 
before the day set for such election, and shall be substantially 

in the following form: State of Alabama, . 

County. I,., the undersigned being duly 





64 


sworn, depose and say that I am a citizen of the city of 

.in said State and county and reside at 

.in said city. That I desire to become 

a candidate for the office of.in the said city 

for the term of.years, at the election for said office to 

be held on the.day of., next; that I 

am duly qualified to hold said office if elected thereto, and I 
hereby request that my name be printed on the official ballot 

of said election. (Signed). Subscribed 

and sworn to before me by said.on this 

.day of.-., 19., and filed in this 

office for record on said day., judge of 

probate, or notary public as the case may be. Said statement 
shall be accompanied by a petition signed by at least one hun¬ 
dred persons, who shall be qualified to vote at said coming elec¬ 
tion, requesting that such person become a candidate for said 
office at said election. The signers to said petition shall set 
forth their names in full, and their residence addresses and 
said petition shall be substantially like the following form: 
We, the undersigned duly qualified electors of the City of 

_and residing at the places set opposite 

our respective names, do hereby request that the name of 

_be placed on the official ballot as a 

candidate for the office of..in said city for the 

term of.years, at the election to be held in this city on 

the..day of...., next. We further 

state that we know said.to possess the 

qualifications necessary for said office, and to be in our judg¬ 
ment a fit and proper person to hold the said office. Witness 

our hands on this the .day of. 

At every such election all ballots to be used by the voters shall 
be printed and prepared by the said city, and at its expense, 
and shall contain the names of all the candidates, placed in 
alphabetical order, directly underneath the words: “For Com¬ 
missioners for the term of.” “Vote for..” 

(Inserting number of commissioners to be elected.) No name 
shall appear upon the ballot as a candidate for election ex¬ 
cept the names of such persons as have become candidates ac¬ 
cording to the provisions as above set forth. And no ballots 
shall be used at any such election except the official ballot pre¬ 
pared by the city. The inspectors, clerks, and other officers at 
every such election shall be appointed by the board of public 
safety of any such city. Except as otherwise provided in this 
act, the election for members of the board of commissioners of 


























65 


any such city shall be held and conducted in the same manner 
and under the same conditions as provided by law for munic¬ 
ipal elections in cities and towns of this State, as provided in 
Art. 8, Chap. 32, of the Code of Alabama, 1907. 

Sec. 10. At every election each voter shall vote for one 
candidate for each office to be filled and no ballot shall be 
counted which fails to comply with this requirement, and the 
candidates receiving the highest number of votes for such of¬ 
fice shall be elected thereto, provided he receives a majority of 
all the votes cast for such office. In case no one or more of such 
candidates shall receive a majority of all such votes cast for 
the office for which he is a candidate another election shall be 
held on the same day of the following week for said office, at 
which not more than twice the number of candidates for the 
several offices to be filled shall be voted for, being those who re¬ 
ceived the highest number of votes in said election. The can¬ 
didate receiving the highest number of votes at such election 
shall be declared elected. 

Sec. 11. No person shall be eligible to the office of presi¬ 
dent or member of the board of commissioners of any such city 
who is under the age of twenty-five years, or who is not duly qual¬ 
ified to vote in said city, or who shall, either by election or ap¬ 
pointment, have held the office of president or member of the 
board of commissioners of any such city, three consecutive 
years, within the four years immediately preceding the date of 
the election for members of the board of commissioners. In 
case any person after he shall have been elected and duly quali¬ 
fied as such commissioner shall be declared ineligible, to hold 
such office, a successor shall be chosen as in case of a vacancy 
by death, resignation or any other cause. 

Sec. 12. Every person who shall be elected to the office of 
commissioner in any city organized according to the provisions 
of this act, shall on or before the first Monday of the month suc¬ 
ceeding his election, qualify by making oath that he is eligible 
for said office, and will execute the duties of the same accord¬ 
ing to the best of his knowledge and ability. Said oath shall 
be administered by the retiring mayor or president of the board 
of commissioners of such city, or by a notary public. The term 
of office of every said commissioner shall begin on the first Mon¬ 
day of October succeeding the election, except as may be other¬ 
wise expressly provided by this act. Each commissioner shall 
before entering upon the duties of this office, give a good and 
sufficient bond, which may be executed by a bonding company 
authorized to do business in Alabama, payable to and for the 

3 GA 



66 


use and benefit of any such city, in *the sum of five thousand 
dollars, conditioned for the faithful discharge of his duties, 
and that he will save such city harmless from all loss caused 
by his neglect of duty or misfeasance in office or for the willful 
expenditure of any moneys of such city, in violation of law, and 
said bond before being accepted, shall be approved by the 
judge of probate in and for the county wherein such city is 
situated. The premiums on said bond shall be paid out of the 
city treasury. No member of the commission nor any person 
holding an office of profit under them, shall hold any office of 
profit or trust under the laws of any State or the United States, 
or hold any county or other city office; nor shall the commis¬ 
sion or any commissioner ever be elected or appointed to any 
office created by or the compensation of which was increased 
or fixed by the commission, while he was a member thereof, 
within two years therefrom. 

Sec. 13. The qualified voters of any city organized accord¬ 
ing to the terms of this act, may at any time file with the board 
of commissioners of such city, at any regular meeting of said 
board, a petition or petitions asking for the resignation of any 
commissioner of said city. Such petition shall contain a gener¬ 
al statement of its object and each signer shall add, after his 
signature and opposite thereto his residence address. In case 
such petition shall be signed by at least one thousand voters, 
duly qualified to vote for a successor to said office, and said 
officer shall not on or before the next regular meeting of said 
board resign from office, then said board at such meeting, shall 
order an election to be held not less than thirty days or more 
than forty days from the date of said meeting, at which election 
a successor to such officer to hold office for his unexpired term, 
shall be voted for. At such election the person sought to be 
removed from office shall be a candidate to succeed himself and 
his name shall be placed upon the official ballot without any 
affirmative action on his part. Notice of such election shall 
be given by publication once a week for three successive weeks 
in some newspaper published in said city. The person who 
shall be elected to such office shall hold same for the unexpired 
term thereof, and if the person so elected be the incumbent 
whose removal has been requested, then he shall continue in 
office as though such petition had not been filed or such election 
held. 

Sec. 13%. No ordinance passed by the commission, except 
when otherwise required by the general laws of the State or by 
the provisions of this act, except an ordinance for the immedi- 



67 


ate preservation of the public health or safety, which contains 
a statement of its urgency and is passed by a unanimous vote 
of the commission shall go into effect before ten days from the 
time of the final passage, and if during said ten days a petition 
signed by electors of the city equal in number to at least twen¬ 
ty-five per centum of the entire vote cast at the last general mu¬ 
nicipal election held in said city protesting against the passage 
of said ordinance, be presented to the commission, the same 
shall thereupon be suspended from going into operation, and it 
shall he the duty of the commission to reconsider such ordi¬ 
nance, and if the same is not entirely repealed, the commission 
shall submit the ordinance to the vote of the electors of the 
city, either at the general election or at a special municipal 
election to be called for that purpose, and such ordinance shall 
not go into effect or become operative unless a majority of the 
qualified electors voting on the same shall vote in favor "thereof. 
Said petition and election shall be in all respects in accordance 
with the provision of section 13, except as to the percentage of 
signers, and be examined and certified to by the clerk in all re¬ 
spects as therein provided. Said board of commissioners shall 
have the exclusive right to regulate or permit within the police 
juiisdiction of any such city the playing of any game or amuse¬ 
ment on Sunday, and any law in conflict with this provision, in 
so far as same relates to any city of this class, is herebv re¬ 
pealed. 

Sec. 14. Whenever any vacancy shall occur in the office of 
the president of the board or other commissioner of any city 
organized under the terms of this act, then his successor shall 
be appointed by the Governor. Every person who shall be ap¬ 
pointed to the office of president of the board or other com¬ 
missioner of such city, under the provisions of this section, or 
of the preceding sections, shall qualify for office, as soon as 
practicable, after such appointment and shall be clothed with 
the duties and responsibilities and powers of such office imme¬ 
diately upon such qualification. He shall hold office for the 
unexpired term of his predecessor. 

Sec. 15. Until the first Monday in October, 1915, the salary 
of the president of the commission shall be forty-five hundred 
dollars per annum, payable in monthly installments at the end 
of every calendar month out of the city treasury. After the 
first Monday in October, 1915, the salaryof the president of the 
commission shall be $3,000.00 per annum, payable in monthly 
installments of $250.00 at the end of every calendar month out 
of the city treasury. The salary of each of the other commis- 



68 


sioners shall be $3,000.00 per annum each, and shall be paid out 
of the city treasury, in monthly installments of $250.00 at the 
end of each calendar month, provided, that absence for forty 
consecutive days of any commissioner from the county in Avhich 
any such city is situated, shall vacate his office, and the judge 
of probate of such county shall certify the vacancy to the 
Governor. 

Sec. 16. The employees of cities organized under this act, 
shall, except as herein otherwise provided, be elected by the 
commissioners solely on account of their fitness, and without 
regard to their political affiliations. It shall be unlawful to 
hold party caucuses or primaries for the purpose of nominating 
any commissioner or any officer or employee of such city and 
any person who shall solicit or accept a party nomination for 
said offices shall be thereby rendered ineligible for such office 
or any other office under said city for a period of one year 
thereafter. 

Sec. 17. It shall be unlawful for any candidate for office or 
any officer in such city directly or indirectly to give or promise 
any person or persons any office, position, employment, benefit, 
or anything of value, for the purpose of influencing or obtain¬ 
ing the political support, aid or vote of any person or persons. 
Every commissioner elected by popular vote in any such city 
shall, within thirty days after qualifying, file with the judge of 
probate of the county and the same shall be published at least 
once in a newspaper of general circulation in such city, his 
sworn itemized statement of all his election and campaigning 
expenses and by whom such funds were contributed. Any vio¬ 
lation of the provisions of this section shall be a misdemeanor, 
punishable by a fine of not more than three hundred dollars 
and be a ground for removal from office. 

Sec. IS. No officer or employee elected or appointed in any 
such city shall be interested, directly or indirectly, in any con¬ 
tract for work or material, for the profits thereof, or services 
to be furnished or performed for the city; and no such officer 
or employee shall be interested, directly or indirectly, in any 
contract for work or materials or the profits thereof or services 
to be furnished or performed for any person, firm, or corpora¬ 
tion operating interurban railway, street railway, gas works, 
electric light or power plant, heating plant, telegraph line, or 
telephone exchange, within the territorial limits of said city. 
No such commissioner or other official of such city shall be in¬ 
terested in, or any employee or attorney of any corporation op¬ 
erating any public service utility hereinabove mentioned and 



69 


described in this section within said city. No such officer of 
employee shall accept or receive, directly or indirectly, from 
any person, firm or corporation, operating within the territo¬ 
rial limits of said city, any interurban railway, railway, street 
railway, gas works, water works, electric light or power plant, 
heating plant, telegraph line, or telephone exchange, or other 
business using or operating under a public franchise, any 
frank, free pass, free ticket or free service, or accept or receive, 
directly or indirectly, from any such person, firm or corpora¬ 
tion, any gift or other thing of value or any service upon terms 
more favorable than are granted to the public generally. Any 
violation of the provisions of this section shall be a misde¬ 
meanor, and upon conviction thereof, the guilty person shall be 
punished by a fine of not less than one hundred nor more t han 
three hundred dollars, and may be imprisoned in the county jail 
for not more than ninety days. Every such contract or agree¬ 
ment shall be void. Such prohibition of free transportation 
shall not apply to policemen or firemen in uniform, nor to po¬ 
licemen in the discharge of their duty, nor shall any free serv¬ 
ice to city officials heretofore provided by any franchise or ordi¬ 
nance be affected by this section. Any officer or employee of 
such city, who by solicitation or otherwise shall exert his influ¬ 
ence, directly or indirectly, to influence other officers, or em¬ 
ployees of such city to favor any particular person or candidate 
for office of commissioner of said city or who shall in any man¬ 
ner ^contribute money, labor, or other valuable thing to aid in 
the election of any person as commissioner of said city shall be 
guilty of a misdemeanor and upon conviction shall bepunished 
by a fine of not exceeding three hundred dollars and may also 
be imprisoned in the county jail for a term not exceeding thirtv 
days. 

Sec. 181/2- That all police officers and policemen, all offi- 
cei s of the fire department and firemen in any city organized 
under the provisions of this act who shall have honorablv served 
in and been a member of the police or fire department of anv 
such city, or of the municipal organization, for twenty years 
continuously, which such city has immediatelv succeeded and 
who shall have attained the age of fifty years, shall upon his 
application in writing to the commission of such city, be re¬ 
lieved and retired from active service in such police department 
or fire department, upon half pay, that is to say, said policeman 
or fireman upon being so retired, shall receive and be paid for 
and during his natural life an amount of money equal to one- 
half the salary or pay which such policeman or fireman was re- 



70 


ceiving at the time of making such application, the same to be 
paid monthly out of any funds that may be in the treasury of 
such city, not otherwise appropriated, provided, that the 
amount to be paid to any one employee hereunder shall not 
exceed forty dollars per month. That any officer or policeman 
or fireman in any such city who shall have become permanently 
disabled, by reason of any injury received while in the service 
as a member of said police or fire department, shall, upon his 
application in writing to the board of commissioners be re¬ 
lieved and retired from active service in said police or fire de¬ 
partments upon half pay, that is to say such fireman or police¬ 
man, upon being so retired, shall receive each month an amount 
of money equal to one-half the salary or pay which such fire¬ 
man or policeman was receiving at the time of receiving such 
injury while in the discharge of his duties as an officer, the 
same to be paid, monthly, out of any funds in the city treasury. 
The board of commissioners shall determine and pass upon 
whether such disability complained of is permanent or not, and 
to this end shall receive any evidence in testimony offered by 
such applicant and may hear and consider any other testimony 
or evidence which the said commission or other body shall cause 
to come before it ; and shall render judgment in said cause, 
which shall be kept in the minutes of the proceedings of such 
commission, whenever it shall come to the knowledge of such 
commission that any fireman or policeman whom they had ad¬ 
judged to be permanently disabled has recovered from such dis¬ 
ability, so as to enable him to earn a livelihood, then the com¬ 
mission may reconsider its former action and withdraw from 
such firman or policeman for the future, the aforesaid half pay. 
Provided further, that the monthly payment to any fireman or 
policeman on account of permanent disability as provided in 
this section shall not exceed as to any one such fireman or po¬ 
liceman, the sum of forty dollars per month. The board of 
commissioners is authorized to make all necessary or proper 
rules and regulations effectuating the intention of this section. 
Any officer or policeman who shall avail himself of the provis¬ 
ions of this section, shall nevertheless remain members of said 
police department and while relieved of regular duty shall con¬ 
stitute a reserve of said police department, and be at all times 
subject to the performance of any duty that may be required by 
the governing body of said city; provided that no such fireman 
or policeman who possesses independent means of livelihood 
shall come within the provisions of this section. 

Sec. 19. The commission shall each month print in pam¬ 
phlet form a detailed statement of all receipts and expenses of 



71 


the city and a summary of its proceedings during the preceding 
month, and furnish printed copies thereof to the daily newspa¬ 
per of the city and to persons who apply therefor. At the end 
of each year the commission shall cause a full and complete 
examination of all the hooks and accounts of the city to be 
made by competent accountants and shall publish the result of 
such examination in the manner above provided for publication 
of statements of monthly expenditures. And the Governor is 
authorized at any time to have all the books and accounts of 
such city examined by State examiner of public accounts, the 
cost of such examination to be paid by such city, upon the pre¬ 
sentation to the president of the board of commissioners of such 
city of a duly verified statement of such expenses made by such 
examiner of public accounts, approved by the Governor. 

Sec. 20. Any person offering to give a bribe, either in money 
or other consideration, to any voter for the purpose of influenc¬ 
es^ 8 vote at any election provided for in this act, or any voter 
entitled to vote at such election, receiving and accepting such 
bribe or other consideration, any person making false answer 
to any of the provisions of this act relative to his qualifications 
to vote at said election (any election), any person willfully 
voting or offering to vote' at such election who has not been a 
resident of this State for two years next preceding such elec¬ 
tion, or who is not twenty-one years of age or not a citizen of 
the United States, or knowing himself not to be a qualified 
voter of such precinct, where he offers to vote, anv person 
knowingly procuring, aiding or abetting any violations thereof, 
shall be deemed guilty of a misdemeanor and upon conviction 
shall be fined a sum of not less than one hundred dollars nor 
moie than five hundred dollars, and may be imprisoned in the 
county jail for not less than ten nor more than ninetv days. 

Sec. 21. Any employee of any such city who solicits sup¬ 
port for any candidate for commissioner or any such employee 
who shall endeavor to influence any voter to vote for or against 
any candidate for commissioner, shall be deemed guilty of a 
misdemeanor, and on conviction shall be fined not less than ten 
tior more than fifty dollars, and may also be imprisoned in the 
county jail for not more than ten days. Justices of the peace 
and judges of the inferior courts shall, within their respective 
territories, have jurisdiction of this offense, and any person 
convicted of violating the provisions of this section, shall be in¬ 
eligible to hold office or employment under such city for two 
years succeeding such conviction. 

See. 2iy z . The board of commissioners shall not elect a re- 



corder in any such city, and the office of recorder therein as a 
separate office is hereby abolished, nor shall they pay for the 
services of any person as recorder, but the said board of com¬ 
missioners shall designate one of their number to act without 
compensation as recorder, which designation may be changed 
from time to time, and any of the commissioners may alternate 
in the performance of the duties of recorder, and when said 
commissioner is acting as recorder, he shall have the powers 
and jurisdiction conferred by law upon recorders by the laws of 
Alabama. No fines,'penalties or other final punishment fixed 
by such recorder shall be set aside except with the consent and 
sanction of two of the commissioners in writing, setting forth 
the reasons for such action. The commission shall keep a rec¬ 
ord of such remissions in a well-bound book, which shall be 
open to the public inspection. 

Sec. 22. All general laws of this State regulating and pre¬ 
scribing the conduct of municipal elections, and the qualifica¬ 
tions and registration of voters thereat, shall apply to elections 
hereinunder, except so far as expressly modified herein. 

Sec. 23. The judge of probate of the county in which are 
located the cities covered by this act shall record in a well- 
bound book kept for that purpose all papers required to be filed 
with him under the terms of this act, and shall receive therefor 
the compensation allowed by law for recording deeds. 

Sec. 24. It shall be unlawful for any candidate for com¬ 
missioner, or for any other person in his behalf, to hire, or pay, 
or agree to pay, any person to solicit votes at the polls on elec¬ 
tion, and unlawful for any person to accept such hire, or make 
such contract for pay to solicit votes for commissioner; and 
any person violating this section shall be guilty of a misde¬ 
meanor, and may be punished by a fine not to exceed five hun¬ 
dred dollars for each offense, and the candidate violating this 
section shall thereby be disqualified for and rendered ineligible 
to the office sought. 

Sec. 25. No candidate for the office of commissioner can 
lawfully expend more than one thousand dollars of his own 
funds, and of funds contributed by others in aiding his candi¬ 
dacy in any one election. Any person violating the provision 
of this section shall thereby be disqualified from holding said 
office, if successful, and his election may be contested on that 
ground. No person but a qualified voter shall sign any petition 
authorized by this act. All petitions must contain the certifi¬ 
cate of the probate judge as to the requisite number of voters re¬ 
quired and it shall be the duty of the probate judge of the county 



73 


to ascertain that such petition does contain the requisite number 
ot voters and attach his certificate to such petition. The pro¬ 
bate judge shall receive as compensation for such service ten 
cents for each name up to and including one hundred and two 
cerits for each name over that number which said petition 
may contain. Security for the payment of such cost to be ap¬ 
proved by the probate judge must be given at the time of the 
presentation of the petition by the person or persons filing the 


Sec. -6. The petitions provided by this act may be by a 
number of separate instruments as well as by one instrument. 
- o person but a qualified voter shall sign anv petition provided 
by this act. And no person shall sign the name of another to 
any such petition whether with or without authority; and no 
person shall sign more than one separate instrument as a peti- 
1011 for any single purpose herein provided. Any violation of 
t he foregoing provisions of this section shall constitute a mis¬ 
demeanor punishable by fine not to exceed three hundred dol¬ 
lars Ao qualified voter who has signed anv petition provided 
tor herein can withdraw his signature. 

Sec. 27. There is hereby created a “board of public safety” 
for every such city, whose term of office, except as otherwise 
piovided in this act, shall be four years, and until their succes- 
sors are elected and qualified. Said board shall take office on 
the first Monday after their election. The said board shall con- 
is of three members, to be elected as herein provided. The 
members of said board of public safety shall be elected by the 
State Senate of Alabama, on the first legislative dav after this 
act becomes effective, immediately after the approval of the 

Jnl lr «+ a i °a iai l inff an ® lec . tion on such on such other day as 
e State Senate may designate, to be elected by a majority vote 
of the members present and in like manner on the fifth legis¬ 
lative day of session of the Legislature of Alabama of 1919, and 
every four years thereafter on the fifth legislative dav of each 
subsequent session of the Legislature of Alabama, and the secre¬ 
tary of the Senate shall immediately certify such election to the 
Governor. The board of public safety so elected shall serve 
without compensation, and shall elect one of their number as 
chairman They shall each take an oath of office, before an 
officer authorized to administer oaths, to well and truly per¬ 
form the duties of their office, and to use all diligence and care 
]n en g a g in g m the police and fire departments of said citv only 
men of honesty, intelligence and ability, and to neither dis¬ 
charge or appoint any person for any consideration personal to 



74 


themselves. They shall then enter upon the discharge of their 
duties prescribed in this act.. No person shall be eligible to be 
a member of the board of public safety of any such city who is 
not a qulified voter of said city, or who is not over the age of 
twenty-five years. Said board of public safety shall elect a 
chief of the police department and a chief of the fire department 
of said city, each of whom shall be subject to removal or suspen¬ 
sion by a majority of said board of public safety. The said 
chiefs in their respective departments shall appoint and dis¬ 
charge and suspend all officers and members of the police de¬ 
partment and of the fire department in any such city, subject 
to the approval of the board of public safety. The board of 
public safety shall have complete and exclusive control and au¬ 
thority in and over said departments, and the operation of said 
departments, and upon the assumption of office of the board of 
public safety, said departments are hereby removed from the 
control or direction of the city commissioners, except as in this 
act otherwise provided. Each person appointed by said chief 
of the police department and chief of the fire department, re¬ 
spectively, subject to the approval of the board of public safety, 
shall possess such qualifications as may be prescribed by said 
board of public safety, and the chief of the fire department and 
the chief of the police department, respectively, subject to the 
approval of the said board of public safety, shall fill all vacan¬ 
cies in their respective departments with persons so qualified. 
The said board of public safety shall have the power to in¬ 
crease or decrease the number of officers and members of the 
police and fire departments, either temporarily or permanently, 
as in their discretion, they may deem best for the interest of said 
city. The said board of public safety shall adopt rules for the 
transaction of business and rules and regulations for the trial 
of charges against any officer or member of the police or fire 
departments, and for the general conduct and operation of such 
departments. A majority of the members of said board of pub¬ 
lic safety shall be sufficient to direct its action. The salary of 
the officers and members of said departments shall be paid out 
of the treasury of any such city upon the order of said board of 
public safety; said order shall be signed by the chairman or act¬ 
ing chairman of the said board of public safety, and shall state 
the name and position of the payee and the amount to be paid, 
and shall be addressed to the treasurer of any such city, or 
other disbursing officer of any such city who is hereby 
required to pay same out of the funds of the city; upon the pre¬ 
sentation thereof, on the endorsement of the payee therein. The 



75 


salary of the officers and members of said departments shall be 
as follows: In the police department, a chief at $185.00 per 
month; a captain $125.00 per month; detectives, $90.00 per 
month; sergeants, $100.00 per month; patrolmen, $75.00 per 
month for the first two years of their services, and $80.00 per 
month thereafter. In the fire department $185.00 per month 
for a chief; $112.50 per month for an assistant chief; $85.00 per 
month, for captains or engineers, each; $65.00 per month for 
firemen for the first two years of their service and $70.00 per 
month thereafter, and $75.00 per month for drivers; provided 
that the salaries designated above, in this section, may be 
changed by said board of public safety subject to the approval 
of the board of commissioners, of any such city. All of such 
salaries, except as in this section otherwise provided, to be paid 
as now provided by law for the payment of employees of any 
such city. . That the board of commissioners of any such city 
shall provide an appropriate office room for the meetings of 
and discharge of the business of, said board of public safety. 
That in the event of a vacancy occurring in said board of public 
safety, the Governor of Alabama shall appoint a qualified per¬ 
son to fill the vacancy for the unexpired term of his predeces¬ 
sor ; the resignation of any member of the board of public safe¬ 
ty shall be presented to the Governor of Alabama. That said 
board of public safety shall meet at least once each month, and 
oftener as they may themselves prescribe. The naming, desig¬ 
nating of duties, direction and control of the members of the 
police and fire departments in any such city shall lie in the 
chiefs of the respective departments, subject to the approval of 
the said board of public safety. It is hereby expressly made the 
duty of the said board of commissioners of any such city to 
make all proper provision and provide for the equipment, main¬ 
tenance, operation, quartering, supplies and appropriations to 
defray the expenses of operation of such department, to be paid 
out of the funds of the city, where not in conflict with the pro¬ 
visions of this act, within three days from the date such action 
is requested in writing of the board of commissioners bv the 
board of public safety. The board of public safety shall be'com- 
missioned by the Governor of Alabama, upon their election or 
appointment. No purchase of supplies or equipment for either 
of said departments exceeding five hundred dollars at one time, 
shall be made by said board of commissioners without the writ¬ 
ten approval of the board of public safety. The said board of 
public safety is hereby vested with the power and authority to 
employ counsel to make effective and to enforce the provisions 



76 


of this act, with reference to the board of public safety, when in 
the judgment of the board of public safety it becomes necessary 
so to do, and such city shall pay the reasonable value of such 
services. 

Sec. 271/2. Any city which shall have operated for more 
than four years under the provisions of this act, may abandon 
such organization hereunder, and accept the provisions of the 
general law of the State then applicable to cities of its popula¬ 
tion by proceeding as follows: Upon the petition of not less 
than two thousand qualified electors of such city, a special elec¬ 
tion shall be called at which the following proposition only 

shall be submitted: “Shall the city of...abandon 

its present organization and become a city under the general 
laws governing cities of like population?” If a majority of the 
votes cast at such special election shall be in favor of such prop¬ 
osition, the officers elected at the next succeeding biennial elec¬ 
tion shall be those then prescribed by the general law of the 
State for cities of like population, and upon the qualification of 
such officers, such city shall become a city under such general 
law of the State, and the terms of office of the city under the 
commission shall expire. The sufficiency of such petition shall 
be determined, the election ordered and conducted, and the re¬ 
sults declared as provided in this act for other special elections, 
in so far as the provisions thereof are applicable. If any sec¬ 
tion or provision of this act shall be held to be void or unconsti¬ 
tutional, it shall not affect nor destroy the validity or constitu¬ 
tionality of any other section or provision of such act which is 
not of itself void or unconstitutional. 

Sec. 28. All laws and parts of laws, both local and general, 
in conflict with the provisions of this act, are expressly re¬ 
pealed. This act shall take effect immediately. 

Passed over the Governor’s veto February 5, 1915. 


No. 30.) (S. 10—Lusk. 

AN ACT 

To repeal chapter 10 of the Code of Alabama (embracing sections 113 to 120 
inclusive) and to provide for the disposition of the records of the bu¬ 
reau of cotton statistics. 

Be it enacted by the Legislature of Alabama: 

Section 1. That chapter 10 of the Code of Alabama (em¬ 
bracing sections 113 to 120 inclusive) be and the same is hereby 
repealed. 




77 


Sec. 2. That the records and papers belonging to the 
bureau of cotton statistics shall remain as part of the records 
of the department of agriculture and industries. 

Approved February 9, 1915. 


33.) (H. 9—Chamberlain. 

AN ACT 

Authorizing the conversion of banks organized under the laws of Alabama, 

into national banks. 

Be it enacted by the Legislature of Alabama: 

Section 1. That any banking corporation organized under 
the general or special law of the State of Alabama may, with 
the consent of the holders of a, majority in amount of its stock, 
obtained at a meeting of the stockholders called therefor, be 
converted into a national bank in such manner as may, at the 
time of such conversion, be prescribed by the laws of congress, 
and the stock of said bank may be exchanged for stock in said 
national bank upon such terms as the consenting stockholders 
may, at the meeting at which the conversion is authorized, deter¬ 
mine, or upon such terms as the holders of a majority of the 
stock of said State bank may, at any other meeting called for 
such purpose, determine. 

Sec. 2. That all meetings of stockholders called for anv 
of the purposes provided for in the first section hereof shall be 
called by resolutions of the board of directors, and notice of 
such meeting and of the purpose thereof, shall be published once 
a week for thirty days prior to the date of such meeting in 
some newspaper published in the city, town or village in which 
the principal place of business of said bank is located, but, if 
no daily or weekly newspaper is published at said place, then 
the publication shall be made in a newspaper published nearest 
thereto. 

Sec. 3. That this law shall go into effect immediately upon 
its passage and approval. 

Approved February 8, 1915. 



78 


No. 34.) (H. 80—Harvey. 

AN ACT 

To repeal chapter 10 of the Code of Alabama (embracing sections 113 to 120 
inclusive); and to provide for the disposition of the records of the bu- 
reau of cotton statistics. 

Be it enacted by the Legislature of Alabama: 

Section 1. That chapter 10 of the code of Alabama (em¬ 
bracing sections 113 to 120 inclusive) be and the same is hereby 
repealed. 

Sec. 2. That the records and papers belonging to the bu¬ 
reau of cotton statistics shall remain as a part of the records of 
the department of agriculture and industries. 

Sec. 3. This bili shall go into effect immediately after its 
passage and approval by the Governor. 

Approved February 9, 1915. 


No. 35.) (H. 102—Carmichael, Colbert. 

AN ACT 

To appropriate the sum of fifty thousand dollars or so much thereof as may 
be necessary for the purpose of paying certificates of indebtedness is¬ 
sued by the Governor of Alabama to certain banks and individuals for 
purchasing and holding State warrants during four years, to-wit: 1911, 
1912, 1913 and 1914, and for the payment of interest on temporary loan 
of one hundred thousand dollars heretofore negotiated by the Governor 
of Alabama. 

Whereas, during the past four years, to-wit: 1911, 1912, 
1913 and 1914, it became necessary in order to meet the ordi¬ 
nary expenses of government, for the Governor of Alabama to 
make arrangements with individuals and banks whereby such 
individuals and banks agreed when there was not sufficient 
money in the treasury of the State of Alabama to meet all out¬ 
standing warrants of the State to purchase at par such war¬ 
rants and hold the same until there should be sufficient funds 
in the State treasury to pay such warrants. 

Andy whereaSy In order to make such arrangement, it was 
necessary for the Governor of Alabama to agree to pay such 
individuals or banks a reasonable compensation or interest on 
the money used for the purchase of these warrants. 

Andy tvhereaSy In a negotiation of such transactions the 
Governor issued to individuals and banks certificates of in¬ 
debtedness for such interest or compensation. 



79 


And, whereas, The faith and credit of the State of Alabama 
is pledged by such certificates of indebtedness; therefore: 

Be it enacted by the Legislature of Alabama: 

Section 1. That the sum of fifty thousand dollars or so 
much thereof as may be necessary is hereby appropriated out 
of any fund in the State treasury not otherwise appropriated, 
for the purpose of paying certificates of indebtedness hereto¬ 
fore issued by the Governor of Alabama within the past four 
years, which certificates were given by the Governor of Ala¬ 
bama for the purpose of arranging for the purchase and holding 
of State warrants by individuals and banks vdien there was 
not sufficient money in the treasury of the State of Alabama 
to pay such warrants on presentation. 

# Sec. 2. That out of the fifty thousand dollars herein appro¬ 
priated, the Governor is hereby authorized to pay interest on 
temporary loans not to exceed one hundred thousand dollars 
heretofore made by him under the provisions of Section 554 of 
the Code of Alabama. 

Sec. 3. That the State auditor is directed and authorized 
to draw his warrant on the treasurer of the State of Alabama 
for an amount up to and including fifty thousand dollars, on 
the order of the Governor of Alabama for the purpose of pay¬ 
ing the certificates of indebtedness heretofore issued by the 
Governor of Alabama in making arrangements for the purchas¬ 
ing and holding of warrants of the State of Alabama, and for 
the payment of interest on temporary loans not in excess of 
one hundred thousand dollars heretofore negotiated bv the 
Governor of Alabama. 

Approved February 9, 1915. 


No. 36.) 


AN ACT 


(H. 144—Weakley. 


To authorize the Governor to negotiate temporary loans to supply 
deficiency that may occur in the State treasury. 


any 


Be it enacted by the Legislature of Alabama: 


Section 1. That in order to supply any deficiency which 
may occur in the State treasury at any time, the Governor is 
authorized from time to time to negotiate a temporary loan or 
loans for and in the name of the State for an amount not to 



80 


exceed three hundred thousand dollars, or such less amount 
as may be necessary in his judgment to supply such deficiency. 
Approved February 8, 1915. 


No. 37.) (S. 168—Lee. 

AN ACT 

To provide for the creation of a commission for the removal of adult illt- 
eracy in Alabama, to be known as “The Alabama Illiteracy Commis¬ 
sion,” and to provide for the duties and powers thereof. 

Be it enacted by the Legislature of Alabama: 

1. That there is hereby created a commission to be known 
as “The Alabama Illiteracy Commission,” which shall be com¬ 
posed of five persons, both men and women, including the State 
superintendent of education, who shall be ex-officio a member 
thereof. The commissioners shall be appointed by the Governor 
and shall be selected for their fitness, ability and experience in 
matters of education, and their acquaintance with the condi¬ 
tions of illiteracy in the State of Alabama and its various com¬ 
munities. 

2. That the members of the commission shall be and are 
hereby constituted a body corporate with all the powers neces¬ 
sary to carry into effect all the purposes of this act. The com¬ 
missioners after their appointment and qualification, shall 
organize by electing from their membership a president and a 
secretary-treasurer. The secretary-treasurer shall execute a 
bond to the State of Alabama in a reputable bonding company 
and in such an amount as the commission may approve, for the 
faithful performance of the duties of his office for the proper 
handling and accounting of all properties and monies which 
may come into his hands by virtue of his office; provided, that 
the secretary-treasurer may be removed by the commission and 
a successor appointed by the commission in its discretion. 

3. That it shall be the duty of the commission and it shall 
have the power to make research, collect data, and procure the 
services of any and all communities of the State looking to the 
obtaining of a more detailed and definite knowledge as to the 
true conditions of the State in regard to its adult illiteracy, and 
report regularly the results of its labors to the Governor, and 
to perform any other act which in its discretion will contribute 
to the elimination of the State’s adult illiteracy by means of the 
education and enlightenment of illiterate persons in the State 



81 


of Alabama; and the commission shall expend any funds or use 
anything of value which it may receive in accordance with such 
regulations as it may from time to time adopt; provided, how¬ 
ever, that any or all funds which may come into the hands of 
the commission shall be expended in keeping with the general 
purposes of this act. 

4. That the commission shall adopt such rules and regula¬ 
tions as may seem expedient for carrying on its business in a 
manner which shall deem to it most satisfactory. 

5. That the members of this commission shall receive no 
compensation for their services nor expenses of any kind out 
of the State treasury, but they shall be reimbursed out of any 
funds which may come into the hands of the commission 
from other sources for the use of the commission for their actual 
traveling and other necessary expenses incurred in the perform¬ 
ance of their duties. 

Approved February 9, 1915. 


No. 40.) (H. 14—Sorrell. 

AN ACT 

To repeal chapter 25 of the Code of Alabama, section 827 to 837, inclusive. 

Be it enacted, by the Legislature of Alabama: 

Section 1. That chapter 25 of the code of Alabama, sections 
827 to 837, inclusive, be, and it is hereby repealed. 

Sec. 2. That all the records and papers now pertaining 
and belonging to the office of the immigration commissioner 
shall be deposited with the commissioner of agriculture and 
industries, who may certify to copies thereof upon payment of 
proper fees therefor. 

Sec. 3. The commissioner of agriculture and industries 
shall from time to time cause the publication of circulars of 
information and hand books on the resources of the State, and 
shall have charge of all work looking to the promotion of immi¬ 
gration in English and such foreign languages as the State 
board of horticulture may designate, in regard to localities, 
climate, resources and advantages which the State of Alabama 
has to offer to every good class of immigration, and more speci¬ 
fically to the inducement of capital and desirable immigration 
by the dissemination of information, relative to the advantages 
of soil and climate and to the natural resources and industrial 
opportunities offered in this State. 



82 


Sec. 4. The commissioner of agriculture and industries 
shall also collect from the farmers and land owners of the State 
and list the information as to the land, stating number of acres, 
location, the terms upon which they may be bought, leased or 
shared to desirable settlers. 

Sec. 5. The commissioner of agriculture and industries 
shall keep a land registry, and in connection therewith from 
time to time, publication shall be made descriptive of such listed 
agricultural, mineral, forest and trucking lands and factory 
sites as may be offered to the department for sale or share, which 
publication shall be in attractive form, setting forth the county, 
township, number of acres and the names and addresses of 
owners and such other information as may be helpful in placing 
home seekers in communication with land owners. All expenses 
incurred in this paragraph and the preceding paragraph shall 
be paid by the persons whose land or property is so advertised. 
The commissioner of agriculture and industries shall collect in 
the form of a hand book of the State to be issued when practi¬ 
cable, information showing the natural and industrial resources 
and advantages of the State of Alabama, dealing with soil, cli¬ 
mate and raw and manufactured products, agricultural and 
horticultural products, textile fabrics, manufacturing indus¬ 
tries, mines and mining, native woods and means of transporta¬ 
tion, cost of living, the market, and all the material and social 
advantages for those seeking homes and investments in agri¬ 
cultural or manufacturing industries. 

Sec. 6. In order to facilitate the collection and collation of 
exact information about the resources of the State of Alabama, 
on all lines, the heads of the several departments of the State 
and County governments and of the State institutions, shall 
furnish as far as practicable such information as may be at 
their command to the Commissioner of Agriculture and Indus¬ 
tries, when called upon for the same. 

Sec. 7. The commissioner of agriculture and industries 
may make such arrangements with any corporation, association 
or individual, as may desire to cooperate in any way with the 
board, as may best serve the interest of successful immigration 
into the State of Alabama, and may send an agent to any part 
of the United States or foreign countries for the purpose of 
inducing immigration to Alabama, and make such arrange¬ 
ments with railroads and oceanic steamers as may be neces¬ 
sary to carry out the provisions of this chapter, provided such 
corporations, firms, associations or individuals so cooperating 
with the board shall pay the expenses in carrying out the provi- 



88 


sions as herein set forth in this section. The commissioner of 
agriculture and industries shall use lawful means to prevent 
the induction into this State of immigrants of an undesirable 
class, and to this end shall investigate the conditions of the 
applicants for admission through the department, so as to dis¬ 
courage the coming in of an anarchistic tendency and paupers, 
persons suffering from contagious or communicative diseases, 
cripples without means and unable to perform mental or physi¬ 
cal service and idiots, lunatics, persons of bad character, or any 
persons who are likely to become a charge upon the charity of 
the State and all such that will not make good and law-abiding 
citizens. 

Sec. 8. Immigrants shall be sought from desirable white 
citizens of the United States first, and then citizens of English 
speaking and Germanic countries and France, and the Scandi¬ 
navian countries and Belgium, as prospective citizens of this 
State and conformable with the laws of the United States. The 
commissioner of agriculture and industries shall make and sub¬ 
mit to the Governor on or before the 10th day of January of 
each year a report covering the department’s work of the pre- 
ceeding year, and such report shall be printed and treated in 
the same manner as other public documents, or as shall other¬ 
wise be ordered. 

Approved February 11, 1915. 


No, 41.) (H. J. R. 78—Greene. 

A RESOLUTION 

Whereas, by joint resolution the Senate and House of Rep¬ 
resentatives of Alabama at the present session have earnestly 
requested the senators and representatives in the Congress of 
the United States from Alabama to use the best medium to 
secure the passage of a law or laws excluding from the mails all 
advertisements, solicitations of orders and literature concerning 
intoxicating liquors and beverages as well as such beverages 
themselves, 

Noio, Therefore, be it resolved by the House of Representa¬ 
tives of Alabama, the Senate concurring, that Samuel D. Weak¬ 
ley, Fred M. Jackson, Walter Sessions, R. M. Goodall and L. B. 
Musgrove, citizens of Alabama in accord with the purposes of 
said resolution, be and they are hereby designated as special 
commissioners from this State to proceed to Washington, D. 0., 



84 


without any cost to the State of Alabama and present a copy 
of said joint resolution to the senators and members of the 
House of Representatives in the Congress of the United States, 
from Alabama, also to the President of the United States and 
to the Postmaster General; and to request the cooperation of 
all of them in securing the legislation necessary to protect pro¬ 
hibition territory against liquor advertisements and solicita¬ 
tions of orders for intoxicating liquors and beverages whereby 
the public policy of this State may be successfully maintained* 
Approved February 11, 1915. 


No. 42.) (H. 145—Weakley. 

AN ACT 

To authorize the court of county commissioners, board of revenue, or other 
governing body of any county in this State which has outstanding a 
bonded indebtedness of any kind to settle, adjust and refund the same, 
and for that purpose to issue the bonds of said county. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the court of county commissioners, board 
of revenue or other governing body, of any county in this 
State, which may have outstanding a bonded indebtedness of 
any kind, may settle, adjust and refund the same upon the 
best terms obtainable and in order to carry into effect the set¬ 
tlement, adjustment and refunding of such bonded indebted¬ 
ness, the said court of county commissioners,, boards of revenue 
or other governing body, of any county in this State may issue 
the bonds of such county for such amount as may be necessary 
to settle, adjust and refund said outstanding bonded indebted¬ 
ness. 

Sec. 2. All bonds issued under the authority of this act 
may run for such length of time not exceeding thirty years and 
may bear such rate of interest not exceeding five per cent per 
annum payable semi-annually, and may be payable at such 
places, as the commissioners court, board of revenue, or other 
governing body of such county may designate; provided, how¬ 
ever, that said bonds shall not be issued for an amount exceed¬ 
ing the debt which it is proposed to settle, adjust and refund, 
and provided further, that said bonds shall not be sold at less 
than par. 

Sec. 3. All bonds issued under the authority of this act 
shall have all the security and protection to which the original 



85 


bonds were entitled, and where the levy of a special tax was or 
is authorized to be made to provide for the payment of the prin¬ 
cipal and interest of such outstanding bonded indebtedness, the 
said commissioners court, board of revenue or other governing 
body is authorized to levy a like tax, for the payment of the 
principal and interest of bonds which may be issued under the 
authority of this act, for the purpose of refunding the said out¬ 
standing bonds. 

Sec. 4. All bonds issued under the authority of this act 
shall be signed by the president or chairman of the board of 
revenue, commissioners court or other governing body, and 
shall be countersigned by the treasurer of said county, and shall 
have impressed thereon the seal of said county; and where no 
special seal has been provided by the county, the seal of the 
probate court of said county may be adopted and used as the 
county seal. 

Approved February 11, 1915. 


No. 43.) (H. 490—Welch. 

AN ACT 

Providing for the establishment of election districts, for dividing or subdi¬ 
viding election precincts into such districts, for designating how many 
voters shall be contained in such election districts, providing where vot¬ 
ers shall vote and making it unlawful for them to vote elsewhere, pro¬ 
viding for the numbers and boundaries of such election districts and the 
designating of places therein for voting, and the giving of notice as to 
the establishment of such districts and such voting places. 

Be it enacted by the Legislature of Alabama: 

Section 1. The counties in this State as now divided into 
the election precincts, and the boundaries of such precincts as 
now defined, shall so remain until changed by order of the 
court of county commissioners or board of revenue, or other 
governing board of the county, provided that whenever such 
election precincts as now existing contain more than five hun¬ 
dred legal voters, said eletcion precincts shall, as hereinafter 
provided, be divided or subdivided into election districts. 

Sec. 2. No election district within this State shall contain 
more than three hundred legal voters. 

Sec. 3. The court of county commissioners or board of 
revenue, or other governing board of the county, at the first 
regular meeting of said court or board held after the passage of 
this act, shall in their respective counties examine the registra- 



86 


tion and official list of voters as the same is on file in the office 
of the judge of probate of said county, and if it shall appear 
from such examination and from other available sources of 
information that there is in any election precinct as now con¬ 
stituted more than three hundred legal voters, they shall imme¬ 
diately divide said precinct into election districts so that no 
one district therein shall contain over three hundred legal 
voters. Whenever thereafter at any general or primary election 
in any election precinct or district over three hundred votes 
shall have been cast, the court of county commissioners or board 
of revenue, or other governing board of said county, shall again 
readjust the boundary lines of said election precincts or election 
districts and shall have the power to divide or consolidate any 
number of precincts or districts and resubdivide the same in 
order that not more than three hundred voters shall be con¬ 
tained in any one election district. 

. S e c. 4. Whenever any election precinct has been, as herein 
provided for, divided or subdivided into election districts, the 
court of county commissioners, or board of revenue, or other 
governing board of said county, making such division or subdi¬ 
vision shall immediately cause a description of the boundaries 
of said election districts to be filed in the office of the judge of 
probate, and shall post a copy thereof at the court house door 
of such county. 

Sec. 5. Be it further enacted, that such election districts 
shall be named and designated by said courts of county com¬ 
missioners, or boards of revenue, or other governing boards, by 
numbers, for example, as election district No. 1 of precinct 
No. 2. 

Sec. 6. Be it further enacted, that the courts of county 
commissioners, or boards of revenue, or other governing boards 
of said counties, shall designate the places of holding elections 
in the election districts established hereunder, provided there 
shall be in no election district more than one voting place, and 
said court of county commissioners, or board of revenue, or 
other governing body of said county, shall file with the judge 
of probate of said county, along with the boundaries of said 
districts, the names of places designated for voting, and shall 
also post such names at the court house door of such county. 

Sec. 7. Be it further enacted, that it shall be the duty of 
the judge of probate within five days after the courts of county 
commissioners, or boards of revenue, or other governing boards 
of said county, file with him the boundaries of such election dis¬ 
tricts and the names of the voting places therein, to give notice 



87 


of the same by publishing the same in some newspaper of gen¬ 
eral circulation published in said county and having the same 
posted by the sheriff at the court house door, and at two 
public places in said election district of such precinct. Such 
notice must describe such election district by its number and 
must specify the place therein where elections are to be held. 

Sec. 8. Be it further enacted, that where election precincts 
have been divided or subdivided into districts hereunder it shall 
be unlawful for any voter in any elections held hereafter to 
vote at any place other than the election district in which said 
voter is, at such time, registered as a qualified elector. 

Sec. 9. Be it further enacted, that nothing herein contained 
shall be construed as calling or providing for the election of 
justices of the peace or constables in said election districts, or 
the appointment of notaries publics ex-officio justices of the 
peace but said justices of the peace and constables shall only be 
elected or appointed as now provided for election precincts as 
they are now or may hereafter be established. 

Sec. 10. Be it further enacted, that all laws and parts of 
laws in conflict herewith be and the same are hereby repealed. 

Approved February 11, 1915. 


No. 45.) 


AN ACT 


(S. 235—Hartwell. 


To amend section 4926 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 4926 of the code be amended so as 
to read as follows: 4926 (2991) Disposition of Fees; Account¬ 
ing; Salary of Master. All the revenues arising to the harbor 
master and his wardens under the provisions of this article, and 
as commissioners of pilotage, shall constitute one fund, and be 
applied, first, to the payment of the expenses of printing and 
distributing all papers necessary to make known the port 
charges and the laws and rules governing the river and harbor 
of Mobile and vessels and crews coming into it; second, to the 
payment of office expenses; and the residue shall be divided as 
follows: One-third to the city treasury, and the remaining 
two-thirds of the residue to the port wardens, excluding the 
harbor master. The harbor master shall receive a salary from 
the city of Mobile of twelve hundred and fifty dollars per an- 



88 


num ? payable monthly, in the same manner as the salaries of 
other municipal officers. For his services in and upon that 
portion of Mobile river lying north of the corporate limits of 
Mobile and extending northivardly past the mouth Chickisa 
Bogue to the place at which part of the waters of the Mobile 
river tiow into the Spanish river, the harbor master shall receive 
a salary of twelve hundred and fifty dollars per annum, from 
the county of Mobile, payable monthly on Bie first of each 
month, for which the board of revenue and road commissioners 
of Mobile county shall make due provision. The said sum 
shall be the total compensation to be received by the harbor 
master, and he shall, neither directly nor indirectly, receive, or 
in any way participate in any fees or accept any other com¬ 
pensation for his services. It shall be the duty of the harbor 
master to file with the city clerk on or before the fifth of every 
calendar month a statement in detail of receipts and disburse¬ 
ments of all monies which shall have come into his hands in the 
discharge of the duties of his office during the preceding 
month, and shall submit the same with vouchers to the said 
clerk, who shall audit sa^d harbor master’s accounts, and see 
that the amount received for dues, after paying expenses as 
provided to be paid into the city treasury and to wardens as 
provided. The clerk shall make monthly reports to the mayor 
of collections and disbursements of fees, and the statement of 
receipts and disbursements, together with the city clerk’s re¬ 
port, shall be laid before the city commission at their first meet¬ 
ing after the completion of the report, and spread at length on 
the minutes of the council. 

Approved February 11, 1915. 


■^° 49.) (H. 365—Fite, Marion. 

AN ACT 

To a oo end the title and sections !» 4 > 5, 6, 9, 14, 15, 20, 21, 23, 25, 26, 30. 

33, 34, 39, 41, 45 and 46 and to repeal sections 31 and 32 of: An Act 
entitled “An Act to create a Banking Department of the State of Ala¬ 
bama, and through this Department to regulate, examine and supervise 
banks and banking, and to punish certain prohibited acts relating 
thereto,” approved March 2nd, 1911. 

Be it enacted by the Legislature of Alabama, That the title 
of “An Act entitled an act to create a banking department for 
the btate of Alabama, and through this Department to regu¬ 
late, examine and supervise banks,” be and the same is hereby 



89 


amended to read as follows: An Act to create a banking de¬ 
partment of the State of Alabama, and through this depart¬ 
ment to regulate, examine and supervise banks and banking, to 
punish certain prohibited acts relating thereto, to provide for 
the seizure and liquidation of banks, to provide for the levy of 
an assessment upon State banks for the support of the Bank¬ 
ing Department created hereunder, and to limit the amount of 
license tax which municipal corporations are permitted to levy 
upon State banks. 

Section 1. Be it enacted by the Legislature of Alabama } 
That section 1 of an act entitled “An Act to create a banking 
department of the State of Alabama, and through this depart¬ 
ment to regulate, examine and supervise banks and banking, 
and to punish certain prohibited acts relating thereto,” be and 
the same is hereby amended to read as follows: Section 1. 
There is hereby created a banking department of the State of 
Alabama charged with the execution of all laws relating to cor¬ 
porations and individuals doing or carrying on a banking busi¬ 
ness in the State of Alabama. The word “bank” as herein used 
means any person, firm, partnership or corporation doing or 
carrying on a banking business, including a branch bank, un¬ 
less used in such connection and way as to express a different 
meaning. The chief officer of the banking department shall be 
known as the superintendent of banks, and he shall be appoint¬ 
ed by the Governor, and his appointment reported by the Gov¬ 
ernor to the Senate, and before he is authorized to perform the 
duties of his office, his appointment must be confirmed by the 
Senate, and his term of office shall expire on the first day of 
February after the expiration of the term of office of the Gov¬ 
ernor making the appointment, or until his successor is ap¬ 
pointed and qualified, provided, however, that in the event, for 
any reason there should be a vacancy in the office while the 
Senate is not in session, the Governor shall appoint a superin¬ 
tendent of banks and such superintendent shall hold office and 
exercise the powers conferred by law upon him until the Sen¬ 
ate meets and passes upon the appointment, and if his appoint¬ 
ment is confirmed by the Senate, he shall continue in office, 
and if his appointment is disapproved of by the Senate, another 
appointment must be made by the Governor, and in like man¬ 
ner appointments made until appointment is confirmed by the 
Senate. The superintendent of banks shall be a man of "good 
character, and familiar with banking transactions, and shall 
not either directiy or indirectly be interested in or carry on 
business as an individual banker. The superintendent of banks 



90 


shall receive an annual salary of thirty-six hundred ($3,600) 
dollars to be paid monthly in the same manner as the salaries 
of the other State officers are paid. The superintendent of 
banks shall within fifteen days from the time of notice of his 
appointment, if his appointment is made when the Senate is not 
in session, or within fifteen days from his appointment and con¬ 
firmation by the Senate, take and subscribe the constitutional 
oath of office, file the same in the office of the secretary of State, 
and execute to the State a bond in the penalty of twenty-five 
thousand ($25,000) dollars; with a surety company or compa¬ 
nies as surety who are qualified to do business in the State of 
Alabama, to be approved by and delivered to and held by the 
secretary of State, conditioned for the faithful discharge of the 
duties of his office. The premium on said bond to be paid by 
the State on a warrant drawn by the Auditor on the treasurer 
payable to said surety company or companies. The superin 
tendent of banks may be removed from office for neglect of duty, 
malfeasance, misfeasance, extortion or corruption in office, 
incompetency, or intemperance in the use of intoxicating li¬ 
quors or narcotics to such an extent, in view of the dignity of 
the office and the importance of its duties, as to unfit him for 
the discharge of such duties, or for any offense involving moral 
turpitude while in office, committed under color thereof or con¬ 
nected therewith, in the same manner and way and by the same 
proceedings as is provided for the removal of sheriffs from of¬ 
fice. There is hereby created a banking board consisting of the 
superintendent of banks, who shall be ex-officio a member of 
the board, and two persons who shall be appointed by the Gov¬ 
ernor, by and with the consent of the Senate and the superin¬ 
tendent of banks shall be chairman of this board. The term of 
office of the two appointed members of the board shall expire on 
the first day of February after the expiration of the term of of¬ 
fice of the Governor making the appointment. Either of the two 
appointed members of said board may be removed from office 
upon the same grounds and in the same manner and way as is 
provided for the removal of the superintendent of banks. If by 
reason of death or removal from office a vacancy shall occur in 
said banking board, the vacancy shall be filled by appointment 
of the Governor. The two appointed members of said banking 
board shall be men of good character and experience in the 
banking business and connected with some State bank doing 
business as a bank under the laws of the State of Alabama as 
an officer or director of such bank. No person appointed as a 
member of said banking board shall receive any compensation 



91 


for his services except that each appointed member of said 
board shall receive twenty-five ($25.00) dollars per day and 
traveling expenses for each day that said banking board is in 
session, but in no event to exceed one hundred ($100.00) dol¬ 
lars for each member of said board during any one month. The 
compensation going to the two appointed members of the bank¬ 
ing board shall be paid as earned by the State treasurer on war¬ 
rants drawn by the State auditor in favor of each of them, 
which warrants are to be drawn on the certificate of the super¬ 
intendent of banks, which certificate shall certify that a meet¬ 
ing of said board was held, stating the time of the meeting and 
stating the amount to which each member of the board is enti¬ 
tled. 

Sec. 2. That section 3 is hereby amended so as to read as 
follows: Section 3. The superintendent of banks may from 
time to time, employ not.exceeding four persons as examiners, 
one office assistant and one stenographer, to aid him in the dis¬ 
charge of the duties imposed upon him by law. The examiners, 
office assistant and stenographer employed by the superinten¬ 
dent shall perform such duties as he shall assign them, and each 
of the examiners employed shall be paid a salary of one hun¬ 
dred and fifty ($150.00) dollars per month, the office assistant 
a salary of eighty-three and one-third ($83.33) per month, and 
the stenographer a salary of seventy-five ($75.00) dollars per 
month for the time that they are actually engaged in perform¬ 
ing duties under the direction of the superintendent of banks, 
such salary to be paid monthly on the certificate of the superin¬ 
tendent of banks on warrants drawn by the State auditor on 
the State treasurer. 

Sec. 3. That section 4 is hereby, amended so as to read as 
follows: Section 4. The necessary traveling expenses in the 
discharge of their duties, of the superintendent of banks, office 
assistant, and the examiners employed by him shall be audited 
by the State auditor and paid monthly by warrants drawn by 
the Auditor on the treasurer in favor of the superintendent of 
banks. 

Sec. 4. That section 5 is hereby amended so as to read as 
follows: Section 5. The Governor of the State shall assign to 
the superintendent of banks a suitable room or rooms in the 
capitol building for conducting therein the business of the 
banking department of the State, and this department shall be 
furnished with the necessary furniture, stationery, postage, 
lights, telegraph and telephone service and other proper and 
necessary expenses and conveniences and clerical assistance in 



92 


the same manner and way as is furnished to other State depart¬ 
ments. 

Sec. 5. That section 6 is hereby amended so as to read as 
follows: Section 6. Each bank carrying on a banking busi¬ 
ness in the State of Alabama shall, on the call of the superin¬ 
tendent, annually pay into the treasury of the State between 
the first day of January and the first day of April of each year, 
to be used as an aid in defraying the expenses of the banking 
department of the State in proportion to the capital, surplus 
and undivided profits of the bank as follows: Where the capi¬ 
tal, surplus and undivided profits is $25,000 or less, $25.00; 
where the capital, surplus and undivided profits is more than 
$25,000 and not over $50,000, $42.00; where the capital, surplus 
and undivided profits is more than $50,000, and not over $75,- 
000, $57.00; where the capital, surplus and undivided profits is 
more than $75,000 and not over $100,000, $75.00; where the 
capital, surplus and undivided profits is more than $100,000 
and not over $125,000, $92.00 ; where the capital, surplus and 
undivided profits is more than $125,000 and not over $150,000, 
$108.00; where the capital, surplus and undivided profits is 
more than $150,000, and not over $175,000, $125.00; where 
the capital, surplus and undivided profits is more than 
$175,000 and not over $200,000, $142.00; where the capi¬ 
tal, surplus and undivided profits is more than $200,000 
and not over $225,000, $160.00; where the capital, surplus and 
undivided profits is more than $225,000 and not over $250,000, 
$180.00; where the capital, surplus and undivided profits is 
more than $250,000 and not over $500,000, $250.00; where 
the capital, surplus and undivided profits is in excess of 
$500,000, $335.00; a bank having branches shall pay a 
total of not less than $25.00 for each office or branch. No 
other assessment or license of any kind shall be levied against 
or collected from any bank or banking institution as such, ex¬ 
cept the ordinary taxes assessed against property in general, 
and except that after January 1st, 1912, municipalities may 
levy a license in proportion to the capital, surplus and undivid¬ 
ed profits of the bank, of not more than the following amounts, 
to-wit; Where the capita], surplus and* undivided profits is 
$25,000 or less, $10.00; where the capital, surplus and undivid¬ 
ed profits is more than $25,000 and not more than $50,000, 
$20.00; where the capital, surplus and undivided profits is more 
than $50,000 and not over $75,000, $30.00; where the capital, 
surplus and undivided profits is more than $75,000 and not 
over $100,000, $40.00; where the capital, surplus and undivided 



93 


profits is more than $100,000 and not over $125,000, $50.00, 
where the capital, surplus and undivided profits is more than 
$.125,000 and not over $150,000, $60.00; where the capital, sur¬ 
plus and undivided profits is more than $150,000 and not over 
$175,000, $70.00; where the capital, surplus and undivided prof¬ 
its is more than $175,000 and not over $200,000, $80.00; where 
the capital, surplus and undivided profits is more than $200,000 
and not over $225,000, $90.00; where the capital, surplus and 
undivided profits is more than $225,000 and not over $250,000, 
$100.00; where the capital, surplus and undivided profits is 
more than $250,000 and not over $500,000. $150.00; where the 
capital, surplus and undivided profits is in excess of $500,000, 
$200.00; and on each branch bank, ($10.00) ten dollars. The 
term “undivided profits” as used in this section, shall be con¬ 
strued to mean the undivided profits as shown by the books of 
the bank. All payments to be based on the report made by the 
banks to the superintendent of banks next preceding January 
1st. Each bank failing to make payments within the time pro¬ 
vided in this section, shall forfeit to the State $5.00 for each 
day that it is in default; such forfeit together with the amount 
due from the bank, may be collected from the bank by suit in 
the name of the State, and it shall be the duty of the superin¬ 
tendent of banks to enforce payment of the amount that should 
be paid and of the forfeit to the State under the provisions of 
this section by suit in the name of the State against the default¬ 
ing bank, if payments are not made as herein required. 

Sec. 6. That section 9 is hereby amended so as to read as 
follows: Section 9. Whenever the superintendent of banks 
shall have reason to believe that the capital stock of any corpor¬ 
ation or capital of any individual banker is reduced by impair¬ 
ment or otherwise below the amount of its paid-up capital 
stock, it shall be his duty to require such corporation or indi¬ 
vidual banker to make good the deficit within thirty days after 
the date of the requirement by him, which requirment shall be 
in writing. The superintendent may examine or cause to be 
examined into the affairs of any such bank to ascertain the 
amount of such impairment or reduction of capital and 
whether the deficiency has been made good as required by him. 

Sec. 8. That section 14 is hereby amended so as to read as 
follows: Section 14. In the event the superintendent takes 
charge of the business and affairs of any bank, as herein au¬ 
thorized, or in the event a proceeding is instituted to forfeit the 
charter of any bank, the report of the examiner of such bank on 
file in the office of the superintendent of banks, or a copy 



94 


thereof duly certified by the superintendent of banks under his 
official seal, may be used in any court, either by the bank exam¬ 
iner or by the bank, as evidence to the extent that the same is 
competent as evidence, or as an aid to arriving at the true con¬ 
dition of the bank. 

Sec. 9. That section 15 is hereby amended so as to read as 
follows: Section 15. All banks doing business in this State 
shall make to the superintendent of banks, on the call of the 
superintendent for such report, not less than two reports dur¬ 
ing, each year, according to the form which may be prescribed 
by the superintendent, such report must be verified by the oath 
or affirmation of the executive officers or agents thereof, and in 
case of corporations, by the president or cashier or secretary, 
and must be attested by the signature of at least three direc¬ 
tors of the corporation. Each of such reports shall exhibit in 
detail and under appropriate head the resources and liabilities 
of each bank at the close of business on any past day specified 
by the superintendent, not more than five days prior to the 
issue of superintendent’s call, which day for report shall be uni¬ 
form throughout the State, and shall be transmitted by the 
bank to the superintendent within five days after the receipt of 
a request or requisition therefor from him, and the same shall 
be published by the bank once in a newspaper in the city or 
town in which the bank is located, at the expense of said bank; 
if no newspaper is published in the town where the bank is lo¬ 
cated, publication must be made in a newspaper published in 
the nearest city; proof of such publication shall be furnished 
by the bank to the superintendent as may be required by him, 
including the clippings of the report as published in the news¬ 
paper. It shall be the duty of the superintendent to prescribe 
to the bank the form for the published report, made by the bank, 
which form shall contain such items as is deemed necessary by 
the superintendent to inform the public as to the financial con¬ 
dition of the bank, and such form shall be uniform throughout 
the State, and it shall be the duty of the superintendent to see 
that each bank has published its report in accordance with the 
form prescribed, and to check such published report, using the 
newspaper clipping furnished him by the bank with the sworn 
report of the bank filed with the superintendent. If the report 
is not published by the bank the superintendent shall, at the 
expense of the bank, publish the report. In the event that there 
are discrepancies in the published rpport of the bank and the 
sworn report furnished to the superintendent, if in the opinion 
of the superintendent the discrepancies are due to clerical 



95 


errors, it shall be the duty of the superintendent to notify the 
bank to republish its report so as to conform with the sworn 
report filed with the superintendent, and it shall be the duty of 
the bank to make such re-publication. If, in the opinion of the 
superintendent, the discrepancies in the published and sworn 
reports are not due to clerical errors, it shall be the duty of the 
superintendent to forthwith publish a true and correct report 
as shown by the sworn report filed with the superintendent, 
stating in such publication that the published report of the 
bank did not conform to the sworn report on file with the super¬ 
intendent, and it shall be the further duty of the bank to pay 
the cost and expenses of such publication. 

Sec. 10. That section 20 is hereby amended so as to read as 
follows: Section 20. No bank shall lend money to any salaried 
officer or agent or employee or director of the bank, nor to any 
firm or corporation in which any salaried officer, agent or em¬ 
ployee of the bank owns an interest, without the loan being sub¬ 
mitted to and approved by the board of directors (where the 
bank is a corporation) in writing, and filed in the archives of 
the bank, and to all the officers of the bank where the bank is 
not a corporation, nor shall any such loan be made without 
good security; provided, however, if the board of directors of a 
corporation has delegated the power to pass on loans to a com¬ 
mittee, the approval of such loans and of the security to secure 
the loan by such committee may be made in lieu of the ap¬ 
proval by the board of directors. And in no event shall any 
director, salaried officer, agent or employee of a bank be per¬ 
mitted to borrow more than 20% of the capital, surplus and 
undivided profits of said bank. 

Sec. 11. That section 21 is hereby amended so as to read as 
follows: Section 21. No bank shall lend to any one person, 
firm or corporation (including loans to a firm, loans to the sev¬ 
eral members thereof) more than ten per cent of its capital, 
surplus and undivided profits, unless such loan is amply se¬ 
cured and shall be approved in writing by a majority of the 
board of directors, (in case of a corporation) or the loan com¬ 
mittee, and by all of its officers if not a corporation. 

Sec. 12. That section 23 is hereby amended so as to read as 
follows: Section 23. No bank incorporated under the laws of 
this State shall have authority or power to increase or decrease 
its capital stock, or consolidate or merge with any other bank, 
except in pursuance of the provisions of law, and before such 
increase or decrease of the capital stock of any bank, or before 
the consolidation or merger of any bank into another bank, a 



96 


written application must be filed by the bank desiring to in¬ 
crease or decrease its capital stock or consolidate or merge 
with another bank, with the superintendent of banks, stat¬ 
ing the facts in regard thereto, permission in writing 
obtained from him to make such increase or decrease in the 
capital stock, or enter into such consolidation or merger, 
and before such increase or decrease of the capital stock 
or merger or consolidation becomes effective, the super¬ 
intendent of banks must examine into the proceedings to 
increase or decrease the capital stock or the consolidation 
or merger, and must issue his certificate in duplicate, cer¬ 
tifying that the increase or decrease of the capital stock, or 
consolidation or merger has been in pursuance of the require¬ 
ments of law, one of the duplicates of which certificates must 
be kept on file in the office of the superintendent, and one of the 
duplicates of the certificate must be filed for record at the ex¬ 
pense of the bank, in the probate office of the county in which 
is located the principal place of business of the bank. The su¬ 
perintendent of banks shall issue his certificate if the require¬ 
ments of law have been complied with for such increase or de¬ 
crease of the capital stock, or for such consolidation or merger, 
but shall refuse to issue his certificate unless the requirements 
of law have been complied with; provided however that the cap¬ 
ital stock of no bank shall be decreased below the minimum 
amount required by law for the incorporation of banks in this 
State. 

Sec. 13. That section 25 is hereby amended so as to read as 
follows: Section 25. After notice of intention to incorporate 
has been published the parties named as proposed stockholders 
in the published notice of the proposed corporation shall make 
an affidavit before some officer authorized to administer oaths, 
and in said affidavit set forth the fact of publication of the no¬ 
tice, as required by section 24 hereof, and attach to the affidavit 
a copy of the published notice, and each proposed stockholder 
in said affidavit shall state for himself that he bona fide intends 
to become a stockholder in the proposed bank. This affidavit 
shall be filed with the superintendent of banks, and at the time 
of filing this affidavit, the proposed incorporators shall submit 
to the superintendent the certificate of the proposed incorpora¬ 
tors of the bank, which is proposed to be filed for incorporation. 
Thereafter it shall be the duty of the superintendent of banks 
to ascertain from the best source of information at his com¬ 
mand, whether the character and general fitness of the persons 
named as stockholders in the published notice and certificate of 



incorporation, are such as to command the confidence of the 
community in which such bank is proposed to be located, and it 
shall be the duty of the superintendent to make this inquiry and 
ascertain regardless of whether or not objections to the incor¬ 
poration are filed with him. It shall also be the duty of the 
superintendent of banks to investigate the public necessity for 
a bank in the community where the same is proposed to be lo¬ 
cated and shall also ascertain if there is sufficient business in 
said community to support said bank. Any bank doing busi¬ 
ness in the community or any reputable citizen in the commu¬ 
nity may file with the superintendent of banks an objection to 
the incorporation of the proposed bank upon the grounds that 
the character and general fitness of the persons named as stock¬ 
holders in the published notice, are not such as to command the 
confidence of the community in which such bank is proposed to 
be located, and that there is no public necessity for and not suf¬ 
ficient business to support said bank in said community, and if 
such objection is filed it shall be the duty of the superintendent 
of banks to thoroughly and specifically inquire into and inves¬ 
tigate the objections, and the superintendent in his investiga¬ 
tion shall have the authority and power to summon witnesses 
to appear before him, and to administer oaths to such wit¬ 
nesses and to examine such witnesses under oath as to the char¬ 
acter and general fitness of the persons named as stockholders, 
add to ascertain whether their character and general fitness is 
such as to command the confidence of the community in which 
such bank is proposed to be located, and also ascertain if there 
is a public necessity for and sufficient business to support said 
bank in said community. If the superintendent shall be satis¬ 
fied from his investigation that the character and general fit¬ 
ness of the persons named as stockholders are such as to com¬ 
mand the confidence of the community in which such bank is 
proposed to be located, and that there is a public necessity for 
and sufficient business to support said bank in said communi¬ 
ty, he shall, within thirty days from the date of the submission 
by him of the proposed certificate of incorporation, pass upon 
the sufficiency of the certificate of incorporation, and if he ap¬ 
proves the certificate as conforming to the requirements of law, 
he shall issue under his hand and official seal a certificate au¬ 
thorizing the probate judge of the county in which the bank pro¬ 
poses to incorporate and do business, to file the certificate of 
incorporation upon proof required by law of payment of sub¬ 
scription to the capital stock subscribed for as required by law 
and the superintendent shall transmit the proposed certificate 



98 


of incorporation together with said certificate made by him to 
the said probate judge, and the superintendent of banks shall 
keep on file in his office a duplicate of the certificates made by 
him. The probate judge upon the certificate of incorporation 
being duly signed by the incorporators and proof being duly 
made as required by law of payment of subscription to the cap¬ 
ital stock, shall file and record the certificate of incorporation 
and other papers necessary or deemed necessary in the incor¬ 
poration of the bank, together with the said certificate issued 
by the superintendent of banks. If the certificate of incorpora¬ 
tion submitted to the superintendent shall not be in form and 
substance as required by law, or the affidavit filed with the 
superintendent shall not be as required herein, the superinten¬ 
dent shall refuse to issue his certificate to the probate judge au¬ 
thorizing the filing of the certificate of incorporation unless the 
proper papers are filed and submitted to him. If the superin¬ 
tendent of banks is of the opinion from his investigation, that 
the character and general fitness of the persons named as stock¬ 
holders are such as not to command the confidence of the com¬ 
munity in which such bank is proposed to be located, or that 
there is not a public necessity for or sufficient business to sup¬ 
port said bank in said community, he shall issue under his hand 
and official seal, in duplicate, a refusal, to permit the incor¬ 
poration of the proposed bank, and shall within thirty days 
from the time the certificate of the proposed corporation is sub¬ 
mitted to him, transmit to the probate judge of the county in 
which the bank proposes to incorporate and do business, one of 
the duplicates of his refusal, which the probate judge shall file 
and record in. his office, and the other duplicate of his refusal, 
the superintendent shall file in his office, and upon refusal the 
superintendent shall return the proposed certificate of incor¬ 
poration to the parties who transmitted the same to him. 

Sec. 14. That section 26 is hereby amended so as to read as 
follows: Section 26. From and after the passage of this act, 
no individual or individuals or partnership shall commence the 
carrying on of the banking business without first giving notice 
of intention to organize and carry on such business by publica¬ 
tion at least once a week for four successive weeks in a news¬ 
paper to be designated by the superintendent of banks pub¬ 
lished in the city, or town or county where such bank is pro¬ 
posed to be located. Such notice shall specify the name or 
names of the individual or individuals proposed "to be interested 
in such bank, what interest each will have, the amount of the 
capital proposed to be used in the proposed banking business, 



99 


the name under which and the place where the business will be 
carried on, and the bona fide cash value of the assets and prop¬ 
erty of each individual to be interested in the bank, over and 
above all indebtedness. Copy of such published notice and 
affidavit shall be made and filed with the superintendent of 
banks and the superintendent of banks shall investigate and 
ascertain whether the character and general fitness of the indi¬ 
vidual named are such as to command the confidence of the 
community in which said bank is proposed to be located, and 
that there is public necessity for said bank, and sufficient busi¬ 
ness to support same in said community, the same as is re¬ 
quired preliminary to the incorporation of a bank under the 
provisions of section 24 and section 25 hereof. If the superin¬ 
tendent of banks is of the opinion from his investigation that 
the character and general fitness of the persons named as inter¬ 
ested in the bank proposed to be operated are such as to not 
command the confidence of the community in which such bank 
is proposed to be located, and that there is not a public neces¬ 
sity for and sufficient business to support said bank in said 
community, he shall issue under his hand and official seal, in 
duplicate, a refusal to permit the individual proposed to be in¬ 
terested in the proposed bank from operating the bank, and 
shall, within thirty days from the time that affidavit and copy 
of the published notice is submitted to him, transmit to the pro¬ 
bate judge of the county, in which the bank is proposed to be 
located and do business, one of the duplicates of his refusal, 
which the probate judge shall file and record in his office, and 
the other duplicate of his refusal the superintendent shall file 
in his office. 

Sec. 15. That section 30 is hereby amended so as to read as 
follows: Section 30. In event the superintendent of banks re¬ 
fuses to permit the incorporation of any bank, or refuses to per¬ 
mit any individual to organize an individual bank .upon the 
ground that the general character and general fitness of the 
persons named as stockholders (in case of the proposed incor¬ 
poration of the bank) or the individual or individuals (in case 
of the proposed organization of an individual bank) are not 
such as to command the confidence of the community in which 
said bank is proposed to be located, or that there is not a pub¬ 
lic necessity for or sufficient business to support said bank in 
said community, any proposed stockholder or individual may 
institute proceeding by mandamus or other appropriate rem¬ 
edy, in any court having jurisdiction against the superinten¬ 
dent to compel the superintendent to permit the incorporation 



100 


or organization of such bank, alleging in such proceeding that 
the character and general fitness of the person named as stock¬ 
holder or as individual is such as to command the confidence of 
the community in which such bank is proposed to be located, 
and that there is a public necessity for and sufficient business 
to support said bank in said community, and if from the evi¬ 
dence in the case the court is of the opinion that the character 
and general fitness of the persons named as stockholders or in¬ 
dividuals in case of individual bankers, are such as to com¬ 
mand the confidence of the community in which such bank is 
proposed to be located, and that there is a public necessity for 
or sufficient business to support said bank in such community, 
the court shall render an order, judgment or decree directing 
the superintendent of banks to permit the incorporation of such 
bank, and thereafter the superintendent shall issue his permit 
for such organization, stating in the permit that it is granted 
by order of the court (designating the court). If the superin¬ 
tendent of banks refuses to issue his permit for any bank to 
commence business upon the ground that the requisite capital 
has not been paid in like manner by appropriate proceedings, 
when it is proven to the satisfaction of the court that the requi¬ 
site capital has been paid in, an order, judgment or decree may 
be rendered directing the superintendent to issue his permit for 
such bank to commence business and thereupon the superin¬ 
tendent shall issue his permit, stating in such permit that it is 
issued by order of the court (naming and designating the 
court). On the trial of any such cause the superintendent 
shall have the right to introduce legal testimony to sustain or 
tending to sustain his action in the premises. 

Sec. 16. That section 31 is hereby repealed. 

Sec. 17. That section 32 is hereby repealed. 

Sec. 18. That section 33 is hereby amended so as to read as 
follows: Section 33. It shall be the duty of the superintendent 
of banks to make, from the reports to him during the year, an 
annual report to the Governor in regard to the banking depart¬ 
ment of the State and the superintendent shall keep on file in 
his office a duplicate of each report made to the Governor, 
which shall be subject to the inspection of the public. The an¬ 
nual report of the superintendent of banks may be published if 
the superintendent of banks deems the report to be of sufficient 
importance to the public. 

Sec. 19. That section 34 is hereby amended so as to read as 
follows: Section 34. The superintendent of banks shall be lia¬ 
ble on his official bond to any person or corporation injured on 



101 


account of the failure of the superintendent or any examiner 
appointed by the superintendent to faithfully discharge the 
duties of his office. Suit may be brought in a court of compe¬ 
tent jurisdiction in the name of the State for the use of the in¬ 
jured party. The superintendent of banks, must at the time 
that he appoints an examiner or office assistant, or at any other 
time, require such examiner or office assistant to give bond in 
the sum of $10,000.00, payable to the State of Alabama, with a 
surety company or companies as surety qualified to do business 
in Alabama, to indemnify the superintendent and all other per¬ 
sons against all loss which the superintendent or any other per¬ 
son may sustain by reason of the examiner or office assistant 
failing faithfully to discharge his duty, and the premiums on 
said bonds of the examiners and office assistant, shall be paid 
by the State on warrants drawn by the auditor on the treasurer 
and payable to the surety company making said bonds. 

Sec. 20. That section 39 is hereby amended so as to read as 
follows: Section 39. Any person who knowingly and willfully 
verifies by oath or affirmation any false report of the condition 
of a bank made to the superintendent of banks on the call of the 
superintendent for such report, shall be guilty of perjury, and, 
upon conviction shall be sentenced to the penitentiary for not 
less than one nor more than five years. And the signature of the 
person attached to the oath or affirmation shall be prima facie 
evidence of the fact that he knowingly and willfully violated 
said oath or affirmation. 

Sec. 21. That section 41 is hereby amended so as to read as 
follows: Sec. 41. Any individual banker, officer or manager 
of any incorporated bank or individual banker who receives any 
deposit for a bank, or permits the same to be received, knowing 
or having good reason to believe at the time that such deposit is 
received that such bank or individual banker is insolvent, or in 
a failing condition, is guilty of a misdemeanor if the amount or 
value of such deposit be less than $25.00, and, on conviction 
must be imprisoned in the county jail or sentenced to hard la¬ 
bor for the county for not more than twelve months, and may 
also be fined not more than five hundred dollars at the discre¬ 
tion of the jury, if the amount or value of such deposit be $25.00 
or over, such person is guilty of a felony, and, on conviction 
must be imprisoned in the penitentiary for not less than one nor 
more than five years. The failure of any bank shall be prima 
facie evidence of the knowledge on the part of said individual 
banker, officer or manager of any incorporated bank or indi¬ 
vidual banker, that the same was insolvent or in a failing con- 



102 


dition when the money or property was received on deposit, pro¬ 
vided such deposit was received or accepted within ten days 
before said individual banker or incorporated bank closed its 
doors for business; provided further that the facts and circum¬ 
stances of such failure may be sufficient to rebut the presump¬ 
tion of guilt. 

Sec. 22. That section 45 is hereby amended so as to read as 
follows: Section 45. Any individual banker, or officer, director, 
agent, teller or employee of an incorporated bank, or of an in¬ 
dividual banker who willfully and knowingly overdraws his 
account with such bank and thereby obtains money or funds of 
any such bank or asks or receives, or consents, or agrees to re¬ 
ceive any commission, emolument, gratuity or reward, or any 
promise of any commission, emolument, or reward, or any 
money, property or thing of value or of personal advantage in 
procuring or endeavoring to procure for any person, firm or cor¬ 
poration any loan from or the purchase or discount of any pa¬ 
per, note, draft, check or bill or exchange, by any such bank, is 
guilty of a misdemeanor and, on conviction, must be impris¬ 
oned in the county jail or sentenced to hard labor for the 
county for not more than twelve months, and may also be fined 
not more than five hundred dollars, at the discretion of the jury. 

Sec. 23. That section 46 is hereby amended so as to read as 
follows: Section 46. Any individual banker or director, offi¬ 
cer, agent or employee of an incorporated bank or individual 
banker, who knowingly receives or possesses himself of any of 
its property otherwise than in payment for a just demand, and 
with intent to defraud, and omits to make or causes the omis¬ 
sion of a full and true entry thereon in its books and ac¬ 
counts, shall be guilty of a felony, and on conviction shall be 
sentenced to the penitentiary for not less than two or more than 
ten years. Any individual banker or director, officer, agent or 
employee of an incorporated bank or individual banker, who 
willfully and intentionally makes or concurs in making any 
false entry, or willfully and intentionally concurs in omitting to 
make any material entry on its books and accounts, shall be 
guilty of a felony and on conviction must be sentenced to the 
penitentiary for not less than two years or more than ten years. 
Any individual banker, or director, officer, agent or employee 
of an incorporated bank or individual banker, who (1) know¬ 
ingly by letter head, newspaper advertisement or otherwise, 
represents its capital stock to be in excess of the actual capital 
paid in, or knowingly concurs in making or publishing any 
written report, exhibit or statement of its affairs or pecuniary 



103 


conditions, making any material statement which is false, or 
knowingly omits or concurs in omitting any statement required 
by law to be contained therein; or (2) refuses or intentionally 
neglects to make any report or statement required by law, is 
guilty of a misdemeanor, and, on conviction, may be imprisoned 
in the county jail or sentenced to hard labor for the county for 
not more than twelve months, and may also be fined not more 
than five hundred dollars, at the discretion of the jury. 

Sec. 24. This act as amended shall go into effect immedi¬ 
ately upon passage thereof. 

Sec. 25. If any part or provisions of any section of this act 
as amended, shall be declared unconstitutional, said unconsti¬ 
tutionally shall not affect or destroy any other part or pro¬ 
vision or any other section of this act. 

Approved February 15, 1915. 


No. 51.) (S. 173—Lee. 

AN ACT 

To provide for the distribution of the deposit of mutual aid or industrial 
associations or corporations with the insurance commissioner where- 
they become insolvent, cease to do business, and re-insure their policy 
holders at the time they cease to do business and to make the duly cer¬ 
tified statement of the insurance commissioner prima facie evidence in 
such cases. 

Be it enacted by the Legislature of Alabama : 

That when any mutual aid or industrial association or cor¬ 
poration shall become insolvent and shall cease to do business 
and shall, at the time it ceases to do business, re-insure all its 
policy contracts of insurance then outstanding, the insurance 
commissioner may, if satisfied that all its members or policy 
holders holding such outstanding policies are sufficiently pro¬ 
tected under and by such re-insurance, pay or turn over the de¬ 
posit of such association or corporation held by him as an in¬ 
demnity fund for the benefit of its members or policy holders, 
to the receiver or trustee or other proper representatives of 
such insolvent association or corporation who is legally au¬ 
thorized to receive it, for the payment of all the valid unpaid 
claims of such members or policy holders which have accrued 
or which may accrue against said association or corporation 
until such members or policy holders are protected by such 
re-insurance. If after all such claims have been paid, there re- 



104 


mains a balance of such deposit, such balance may be applied 
in the payment of other debts of such association or corpora¬ 
tion and for the further purposes of a settlement of its affairs. 
At the time the insurance commissioner pays or turns over 
such deposit to such receiver, trustee or other proper represen¬ 
tative of such insolvent association or corporation, he shall 
transmit therewith a duly certified copy of the re insurance 
agreement under and by which such outstanding policy con¬ 
tracts of insurance of said association or corporation are re¬ 
insured, together with a duly certified statement that such re¬ 
insurance agreement has been approved by him. Such duly cer¬ 
tified statement of the insurance commissioner that such re-in- 
surance agreement has been approved by him shall be received 
in any court of this State as prima facie evidence that the 
holders of such outstanding policy contracts of insurance of 
said association or corporation are sufficiently protected under 
and by such re insurance agreement according to the tenor 
and effect thereof. The provisions of this act shall apply to 
the case of any such mutual aid or industrial association or 
corporation which has heretofore become insolvent, ceased to 
do business, and at the time it ceased to do business, re-insured 
all its policy contracts of insurance then outstanding. 

Approved March 17, 1915. 


No. 52.) (H. 33—John. 

AN ACT 

To establish and maintain a laboratory for making serum for treatment of 

hog cholera, and to regulate the sale of the serum. 

Be it enacted by the Legislature of Alabama: 

1. That there is hereby appropriated out of any money, not 
otherwise appropriated, twenty-five thousand dollars, to be ex¬ 
pended under the direction of the trustees of the “Alabama 
Polytechnic Institute,” in building and equipping a laboratory 
on, or near the grounds of the institute, for the purpose of mak¬ 
ing the serum and virus for immunizing hogs against the 
cholera. 

2. The laboratory shall be under the immediate supervision 
and direction of the State veterinarian, who shall make rules 
for the proper conduct of the laboratory and determine the cost 
of the serum, without counting anything for interest on the in- 



105 


vestment or upkeep of the laboratory, and for selling and dis¬ 
tributing the serum to owners of hogs, who are residents of Ala¬ 
bama, and shall promulgate instructions for using the same, 
and the care of the hogs treated. 

3. There is hereby appropriated annually, the sum of three 
thousand dollars, for extending and adding to the laboratory 
and the necessary buildings connected therewith and renewing 
any of the apparatus or things necessary to the proper conduct 
of the operation of the laboratory. 

4. The appropriation made in the first section of this act 
shall be available till all of it is used, and the Governor will 
take care that it is drawn out in partial payments as needed, 
and till actually needed it must remain in the treasury. 

5. The annual appropriation for maintenance shall be 
drawn out as needed, and any part of it not needed and not 
drawn out on or before the 30th day of September of any vear 
shall not be added to the amount for the next year’s main¬ 
tenance. 

Approved March 5, 1915. 


No - 53 -) ' • (H. 143—Weakley. 

AN ACT 

To authorize courts of county commissioners, boards of revenue, or other 
governing’ bodies of counties in this State, to make temporary loans in 
anticipation of the collection of taxes. 

Be it enacted by the Legislature of Alabama: 

Section 1. That courts of county commissioners, boards of 
revenue, or other governing bodies of the counties of this State, 
be and they are hereby authorized, for and in behalf of their re¬ 
spective counties to make temporary loans in anticipation of 
the collection of taxes for the year in which such loans are 
made, and to issue certificates covering such loans, and to 
pledge a sufficient amount of uncollected taxes of the current 
year to secure the repayment of such loan or loans. 

Sec. 2. That such loans shall not be for a sum greater than 
one-half the income of said county for the preceding year, and 
all such loans may bear interest not exceeding eight per cent 
per annum, and shall mature not later than February 1st, of 
the year following and shall not be renewed. 

Sec. 3. That all certificates evidencing loans made under 
the authority of this act, shall be registered by the county treas- 



106 


urer in the order of their issue, and the said treasurer shall re¬ 
tain out of the taxes collected for the year, and paid over to 
him, a sufficient amount to pay said certificates, and said cer¬ 
tificates shall be paid in the order of their registration, and they 
shall be entitled to priority of payment out of the proceeds of 
the taxes pledged to pay the same. 

Sec. 4. That all such certificates when paid by the treasurer 
shall be cancelled, and such cancellation and payment shall be 
noted on the register, and it shall be unlawful thereafter to re¬ 
issue such certificates. 

Sec. 5. That all certificates issued under the authority of 
this act shall be exempt from taxation. 

Approved March 1st, 1915. 


No. 54.) H. 147—Scott. 

AN ACT 

To provide for building and maintaining public highways through incor¬ 
porated towns and cities by boards of revenue and courts of county 
commissioners in all counties of two hundred thousand inhabitants, or 
more, out of any money at any time subject to the disposal of such 
boards of revenue and courts of county commissioners for road purposes. 

Be it enacted by the Legislature of Alabama : 

Section 1. That it shall be the duty of the boards of revenue 
and courts of county commissioners in all counties of the State 
having a population of two hundred thousand, or more, accord¬ 
ing to the last preceding Federal census or any such subsequent 
census, to maintain one public highway running in an easterly 
and westerly direction entirely through and across the county, 
and also one public highway running in a northerly and 
southerly direction entirely through and across the county, each 
of which highways shall pass by the court house of such county, 
and where such highways pass through any incorporated town 
or city, shall maintain the same within the corporate limits 
thereof.' 

Sec. 2. That all such boards of revenue and courts of county 
commissioners are hereby authorized and empowered to appro¬ 
priate any money subject to their disposal for road purposes, 
to the maintenance, repair and upkeep of such public highways 
throughout their entire length. 

Approved March 17, 1915. 



107 


No. 58.) (S. 241—Pride. 

AN ACT 

To exempt from taxation in this State money lent, solvent credits and cred¬ 
its of value, other than such as are secured by mortgage, deed of trust 
or a contract of conditional sale, upon which a privilege tax is required 
to be paid. 

Be it enacted by the Legislature of Alabama: 

Section 1. That money lent, solvent credits, and credits of 
value, other than such as are secured by mortgage, deed of trust, 
or a contract of conditional sale, upon which a privilege tax is 
required to be paid, shall he exempt from taxation. 

Sec. 2. Be it further enacted, That all laws and parts of 
laws in conflict with the provisions of section 1 of this act, be 
and the same are hereby repealed. 

Approved February 16, 1915. 


No. 59.) (S. 4— Hall. 

AN ACT 


To abolish the office of county tax commissioner for every county in the 
State of Alabama. 

Be it enacted by the Legislature of A labama : 

Section 1. That the office of county tax commissioners in 
the State of Alabama, be and the same is hereby abolished. 
Approved March 17, 1915. 


No. 60.) (S. 130—Lee. 

AN ACT 

To submit to the qualified electors of the State, at the general election to be 
held in November 1916, for their consideration, an amendment to the 
Constitution for the purpose of authorizing the several counties of the 
State and the several districts of any county to levy and collect a spe¬ 
cial tax, not exceeding thirty cents on each one hundred dollars worth 
of taxable property in such counties and in the several districts of any 
county, under such regulations as the Legislature may have prescribed 
or may hereafter prescribe. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the following amendment to the Consti¬ 
tution of Alabama is proposed to be submitted to the qualified 



108 


electors of the State for their ratification or rejection at the 
general election to be held in November 1916 at which the 
amendment is proposed, to-wit: Article XIX, section 1. The 
several counties in the State shall have power to levy and col¬ 
lect a special county tax not exceeding thirty cents on each 
one hundred dollars worth of taxable property in such coun¬ 
ties in addition to that now authorized or that may hereafter 
be authorized for public school purposes, and in addition to 
that now authorized under section 260 of article XIV of the 
Constitution; provided, that the rate of such tax, the time it 
is to continue and the purpose thereof shall have been first sub¬ 
mitted to the vote of the qualified electors of the county, and 
voted for by a majority of those voting at such election. 

Sec. 2. The several school districts of any county in the 
State shall have power to levy and collect a special district tax 
not exceeding thirty cents on each one hundred dollars worth 
of taxable property in such district for public school purposes; 
provided, that a school district under the meaning of this sec¬ 
tion shall include incorporated cities or towns, or any school 
district of which an incorporated city or town is a part, or 
such other school districts now existing or hereafter formed, 
as may be approved by the county board of education; provid¬ 
ed further, that the rate of such tax, the time it is to continue 
and the purpose thereof shall have been first submitted to the 
vote of the qualified electors of the district and voted for by a 
majority of those voting at such election; provided further, that 
no district tax shall be voted or collected except in such coun¬ 
ties as are levying and collecting not less than a three-mill 
special county school tax. 

Sec. 3. The funds arising from the special county school 
tax levied and collected by any county shall be apportioned and 
expended as the law may direct, and the funds arising from 
the special school tax levied in any district which votes the 
same independently of the county shall be expended for the 
exclusive benefit of the district, as the law may direct. 

2. That it shall be the duty of the Governor to give notice 
by proclamation to be published in one newspaper in each coun¬ 
ty in the State at least eight successive weeks next preceding 
the said election on the amendment proposed by this act to be 
submitted to the qualified electors of the State for their ratifi¬ 
cation or rejection. 

3. That at the general election to be held as herein pro¬ 
vided, the qualified electors shall vote upon said amendment, 
and on the official ballots printed for such election there shall 



109 


be printed the following, namely, “Shall the following be adopt¬ 
ed as article XIX of the Constitution of Alabama? Section 1. 
The several counties in the State shall have power to levy and 
collect a special tax not exceeding thirty cents on each one 
hundred dollars worth of taxable property in such counties in 
addition to that now authorized or that may hereafter be au¬ 
thorized for public school purposes; provided, that the rate of 
such tax, the time it is to continue and the purpose thereof shall 
have been first submitted to the vote of the qualified electors 
of the county, and voted for by a majority of those voting at 
such election. Section 2. The several school districts of any 
county in the State shall have power to levy and collect a spe¬ 
cial tax not exceeding thirty cents on each one hundred dollars 
worth of taxable property in such district for public school pur¬ 
poses; provided, that a school district under the meaning of 
this section shall include incorporated cities or towns, or any 
school district of which an incorporated city or town is a part, 
or such other school district now existing or hereafter formed, 
as may be approved by the county board of education; provid¬ 
ed further, that the rate of such tax, the time it is to continue 
and the purpose thereof shall have been first submitted to the 
vote of the qualified electors of the district and voted for by a 
majority of those voting at such election; provided further, 
that no district tax shall be voted, levied or collected except in 
such counties as are levying and collecting at least a three-mill 
special county school tax. Section 3. The funds arising from 
the special school tax levied and collected by any county shall 
be apportioned and expended as the law may direct; and the 
funds arising from the special school tax levied in any dis¬ 
trict which votes the same independently of the county shall 
be expended for the exclusive benefit of the district as the law 
may direct. Yes. No.” The choice of the elector shall be indi¬ 
cated by a cross mark by him, or under his direction, opposite 
the word expressing his desire. 

4. The officers to hold such election shall be the same, and 
shall be appointed in the same manner and by the same officials 
as provided by the election law of the State for the appoint¬ 
ment of officers to hold other general elections in the State, 
and the election shall be held in all respects in accordance 
with the law governing general elections and with the consti¬ 
tutional provisions concerning amendments to that instrument. 

5. That the votes cast at said election shall be counted, 
canvassed, and return made thereof to the secretary of State 
in the same manner as in elections for representatives to the 



110 


Legislature. The result of said election shall be made known 
by proclamation of the Governor, and if a majority of all the 
qualified electors who voted at said election upon the proposed 
amendment shall have voted “Yes,” said amendment from the 
date of said proclamation shall be valid to all intents and pur¬ 
poses as a part of the Constitution of Alabama and as an arti¬ 
cle thereof. 

Approved March 17, 1915. 


No. 61.) (S. 238—Judge. 

AN ACT 

To amend section two of an act entitled “An act to authorize the holding of 
elections by municipal corporations in the State of Alabama, for the 
purpose of obtaining authority to issue bonds, for public purposes here¬ 
in defined, and to provide for holding such elections, and declaring the 
result thereof, and to authorize the issue of such bonds when a majority 
of the voters participating in such election vote in favor of the issue of 
such bonds, and regulate the issue, execution, sale and security of such 
bonds,” approved August 26, 1909. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 2 of an act entitled An Act to au¬ 
thorize the holding of elections by municipal corporations in 
the State of Alabama, for the purpose of obtaining authority to 
issue bonds for public purposes herein defined, and to provide 
for holding such elections, and declaring the result thereof, and 
to authorize the issue of such bonds when a majority of the 
voters participating in such election vote in favor of the issue 
of such bonds, and to regulate the issue, execution, sale and 
security of such bonds approved August 26, 1909, be and the 
same is hereby amended so as to read as follows: Section 2. 
That all municipal corporations shall have full and continuing 
power and authority to issue and sell bonds when such issue is 
authorized by the election herein provided for, for the following 
named purposes, to-wit : (1) For the purchase of real estate 
necessary for any improvement authorized by law, or for the 
site for any building or improvement to be used for public pur¬ 
poses. (2) For extending, enlarging, improving, repairing or 
securing the more complete use of and enjoyment of any build¬ 
ing or improvement owned, purchased or constructed by the 
municipality, for equipping and furnishing the same. (3) For 
the erection of crematories or garbage disposal plants or for 
the purpose of providing other means for the disposal of garb- 



Ill 


age and refuse matter. (4) For the construction of streets 
and sidewalks, and for the repairing or improving of any street, 
or side walk or other public highway; for opening, widening 
and extending any street or public highway. (5) For pur¬ 
chasing or condemning any land necessary for street or high¬ 
way purposes, and for improving the same or paying any por¬ 
tion of the cost of such improving. (6) For the erecting of in¬ 
firmaries, hospitals, pest houses, or for rebuilding, extending, 
enlarging or repairing the same. (7) For erecting prisons, 
work houses, police stations, houses of refuge and correction. 

(8) For erecting market houses and providing market places. 

(9) For erecting city or town halls and public offices; public 
school houses and buildings to be used in connection with the 
same. For the erection and establishment of public auditori¬ 
ums and other buildings for public meetings and for the pur¬ 
pose of rebuilding, extending, enlarging, repairing and equip¬ 
ping and furnishing the same. (10) For erecting or purchas¬ 
ing water works to supply water to the municipal corporation, 
or to the inhabitants thereof, and for the purpose of repairing, 
extending and enlarging such water works system. (11) For 
erecting or purchasing lighting plants for supplying light to 
the municipality or to the inhabitants thereof and for the pur¬ 
pose of repairing, extending and enlarging the same. (12) For 
the purchasing or providing grounds for cemeteries or for en¬ 
closing, improving and embellishing the same; for building 
crematories and public burial vaults. (13) For the construc¬ 
tion of sanitary and storm water sewers or drains, sewerage 
disposal plants, filtration beds, and for the purpose of acquiring 
land or rights of way for such purposes. (14) For establishing 
free public libraries and reading rooms. (15) For the estab¬ 
lishment of public baths. (16) For improving any watercourse 
or water front, for constructing docks, wharves, landings, 
levees and embankments within the limits of the municipality 
or for the purpose of protecting a city from the encroachments 
of streams and rivers. (17) For the payment of obligations 
arising from emergencies resulting from epidemics or floods or 
other forces of nature. (18) For purchasing or condemning 
the necessary land for parks, boulevards and public places; for 
improving or completing the same, or for acquiring additional 
land for parks, boulevards or public places. (19) For con¬ 
structing or repairing viaducts, bridges and culverts, and for 
purchasing or condemning land necessary therefor; for the 
purpose of constructing bridges or tunnels over or under any 
railroad track, or for the abolition of grade crossings, and for 



112 


the purpose of paying for damage caused to abutting property 
owners by the construction of any one of the improvements 
named in this subdivision. (20) For erecting any building 
necessary for a fire department, for the purpose of fire engines, 
fire boats, or fire equipment; for constructing water towers, 
reservoirs and cisterns, or for paying the cost of placing under¬ 
ground the wires or other signal apparatus of any fire depart¬ 
ment, (20 y 2 ) For the purpose of providing for the payment of 
any obligations of any municipal corporation, whether arising 
from administration or from the acquisition of any property 
for public use or the construction of any improvement, or oth¬ 
erwise or whether said obligations shall have matured or not 
at the time of said issue. (21) For the payment of any defi¬ 
ciencies in the revenues of any municipal corporation; for the 
funding of floating debts, and for such other purposes as may 
be authorized by law or by the charter of any municipal cor¬ 
poration. (22) For the purpose of providing any money or 
moneys deemed necessary by the governing body to provide for 
the administration of the city to the expiration of the fiscal 
year. Provided that paragraphs 20y 2 and 22 of this section of 
this act shall apply only to cities which now have or may here¬ 
after have a population of as much as one hundred thousand 
people according to the last Federal census or any such census 
which may hereafter be taken. 

Approved February 20, 1915. 


No. 63.) (S. 217—Milner. 

AN ACT 

To amend section 4743 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama: 

That section 4743 of the Code of Alabama, of 1907, be and 
the same is hereby amended to read as follows: Section 4743. 
When one party furnishes the land and the team to cultivate it, 
and another party furnishes the labor, with stipulations, ex¬ 
press or implied, to divide the crop between them in certain pro¬ 
portions, the contract of hire shall be held to exist, and the 
laborer shall have a lien upon the crop produced by his labor 
for the value of the portion of the crop to which he is entitled; 
and such liens shall have the same force and effect, and shall be 
enforced in the same manner, and under the same conditions, 



in 

and in the same cases as the lien in favor of a landlord; and 
this shall be true whether or not the parties by contract, either 
express or implied, shall agree to divide the expense of the fer¬ 
tilizer used in connection with the crop so raised or produced; 
but in any attachment suit under this section no more of the 
crop shall be levied on than may be necessary to satisfy the de¬ 
mand of the laborer. 

Approved March 5, 1915. 


No. 64.) (H. 344—John. 

AN ACT 

To authorize the State board of examiners to issue first grade certificates to 
graduates of certain institutions of higher learning of this and other 
States; to provide for the issuance of teachers’ certificates to persons 
holding certificates granted in other States; to authorize the extension 
of the terms of first grade certificates, of second grade certificates, and 
of third grade certificates; and to repeal section 1723 of the Code of 
Alabama as amended by section 4 of an act approved August 21, 1909. 

Be it enacted by the Legislature of Alabama: 

1. That the State board of examiners is hereby authorized 
to grant a first grade teachers’ certificate without further ex¬ 
amination to graduates of the “Class A” normal schools of Ala¬ 
bama and to the graduates of such other institutions of higher 
learning in this and other States as may maintain departments 
for teacher training meeting such requirements as may be des¬ 
ignated by the State board of examiners; provided that certifi¬ 
cates shall be issued only to such graduates of the different in¬ 
stitutions as have successfully passed a minimum number of 
courses in education designated and approved by the State 
board of examiners. 

2. That the State board of examiners is hereby authorized 
to grant a certificate of qualification to teach in the public 
schools of the State to any person holding a certificate, license, 
or diploma authorizing said person to teach in the public 
schools of any other State; provided, that the certificate, license 
or diploma shall have been originally issued for and in consid¬ 
eration of qualifications at least equal to those required for a 
certificate of the same grade in this State; provided further, 
that the certificate, license or diploma shall be valid in this 
State for the period for which it shall have been issued in the 
State where it was originally granted and may, in the discre¬ 
tion of the board of examiners, be made valid for a shorter pe- 



114 


riod. For the purpose of carrying out the provisions of this sec¬ 
tion, it is hereby made the duty of any county superintendent of 
education under such rules and regulations as may be prescribed 
by the State board of examiners, to forward to the State board 
of examiners within five days after the receipt thereof, any cer¬ 
tificate, license or diploma which may have been issued in any 
other State and which may be placed in his hands with an ap¬ 
plication for a certificate of qualification to teach in this State 
Said county superintendent of education shall accompany the 
certificate, license, or diploma so forwarded to the State board 
of examiners with any material facts of which he may have 
knowledge regarding the holder thereof. Upon receipt of the 
certificate, license, or diploma and application, the State board 
of examiners shall examine the same together with any facts 
relating thereto or to the holder thereof, which may have come 
to its notice, and shall within ten days thereafter either issue a 
certificate to applicant or transmit to the county superinten¬ 
dent from whom the application shall have been received, notice 
that the application is denied. The State board of examiners 
may under the authority conferred by this section, issue a first 
grade certificate, a second grade certificate, or a third grade 
certificate. 

3. That the State board of examiners is hereby authorized 
to extend consecutively from year to year for a period of one 
year at a time and for a total of not more than four consecutive 
years, any first grade certificate, any second grade certificate, 
or any third grade certificate; provided, that the holder of any 
such certificate shall have attended some institution of higher 
learning for at least six weeks and shall have pursued a course 
of professional study designated and approved by the State 
board of examiners during the year next preceding the one for 
which extension of certificate for one year is sought to be 
granted. 

4. The applicant for a certificate or for the extension of any 
certificate under the provisions of this act shall pay the same 
fees as are now charged applicants for certificates of the same 
grade. 

5. That section 1723 of the Code of Alabama of 1907 as 
amended by section 4 of an act approved August 21, 1909, be 
and the same is hereby repealed. 

6. All laws or parts of laws in conflict with the provisions 
of this act be and the same are hereby repealed. 

Approved February 17, 1915. 



115 


No. 66.) (H. 466—Griffin. 

AN ACT 

To provide for, and require guarantee, or surety bonds of State officials and 
their assistants, clerks and employees; to fix the amount or amounts, of 
said bonds and to provide for the payment of the premiums of said 
bonds; and to provide for the approval and filing, of said bonds. 

Whereas, it has been demonstrated by past experience that 
the State of Alabama has suffered substantial losses by the fail¬ 
ure of certain of its officials and employees to be bonded with 
good and sufficient sureties; and whereas good business meth¬ 
ods and the State’s interests demand that the State should be 
adequately protected from loss, now therefore: 

Be it enacted by the Legislature of Alabama: 

Section 1. That the secretary of State, be, and is hereby, re¬ 
quired to furnish in addition to the bond now required by law 
of the said secretary of State, a guarantee, or surety bond, with 
one, or more, good and sufficient sureties, in the sum of twenty- 
five thousand dollars ($25,000.00) as ex-officio insurance com¬ 
missioner. Provided however, that should the insurance de¬ 
partment be separated, or removed from the department, or 
office, of the secretary of State, that the officer named, as insur¬ 
ance commissioner, shall comply with the provisions of this 
section, and the secretary of State in case of such separation or 
removal, of said insurance department, will not be required to 
furnish the additional bond herein provided. 

Sec. 2. That the chief clerk in the office of the secretary of 
State, be, and is hereby required to furnish a guarantee or sure¬ 
ty bond, with one or more, good and sufficient sureties in the 
sum of five thousand dollars ($5,000.00). 

Sec. 3. That all clerks, assistants, agents or employees un¬ 
der the terms and provisions of the motor vehicle law, be, and 
are hereby required, to furnish guarantee, or surety bonds, with 
one, or more, good and sufficient sureties, in the sums herein¬ 
after named and specified, to-wit: (A) The clerk in charge of 
the records and collections of the department shall furnish a 
gurantee, or surety, bond, with one or more, good and sufficient 
sureties, in the sum of five thousand dollars ($5,000.00).^ (B) 
The clerk, or assistant, who performs the duties of assistant 
clerk with the said clerk as herein specified in subdivision (a) 
of this section, shall furnish a guarantee, or surety, bond, with 
one, or more, good and sufficient sureties in the sum of three 
thousand dollars ($3,000.00). (C) That all assistants, em* 



116 


plovees, or agents, who in any way may collect or disburse 
funds, or handle funds, or motor vehicle tags or number plates 
under the provisions of the motor vehicle law be, and are, here* 
by, required to furnish guarantee, or surety, bonds, with one or 
more, good and sufficient sureties, in the sum of not less than 
one thousand dollars ($1,000.00) for each and every employee, 
agent, or collector. The amount of said bonds, except where 
herein provided, to be fixed by the officer in charge of said em¬ 
ployees, agents, or collectors. 

Sec. 4. That the president of the board of convict inspec¬ 
tors be, and is hereby, required to furnish a guarantee, or sure¬ 
ty, bond with one, or more good and sufficient sureties in the 
sum of fifty thousand dollars ($50,000.00). (A) That the con¬ 

vict inspectors, other than the president of the board of inspec¬ 
tors, be, and are hereby, required to furnish guarantee, or sure¬ 
ty, bonds, with one, or more, good and sufficient sureties in the 
sum of twenty-five thousand dollars ($25,000.00) each. (B) 
That the chief clerk of the board of convict inspectors, be, and 
is hereby, required to furnish a guarantee, or surety, bond, with 
one, or more, good and sufficient sureties, in the sum of twenty- 
five thousand dollars ($25,000.00). (C) That the assistant 

clerk of the board of convict inspectors, be, and is hereby, re¬ 
quired to furnish a guarantee, or surety, bond, with one, or 
more, good and sufficient sureties, in the sum of three thousand 
dollars ($3,000.00). (D) That all other employees in the office 
of the board of convict inspectors, be, and are hereby, required 
to furnish guarantee, or surety, bonds, with one, or more, good 
and sufficient sureties, in the sum to be fixed by the president 
of the board of convict inspectors, but in no case to be for a less 
sum than one thousand dollars ($1,000.00). (E) That each and 
every warden, and every deputy warden, of a State prison, or 
camp, or place of confinement, or detention, for the convicts of 
the State, be, and are hereby, required to furnish guarantee, or 
surety, bonds, with one, or more, good and sufficient sureties, in 
the sums to be fixed by the board of convict inspectors, but in 
no case shall the bond herein provided for be in a less sum than 
one thousand dollars ($1,000.00) for each warden and each 
deputy warden. 

Sec. 5. That the chief clerk in the office of the State audi¬ 
tor, be and is hereby required, to furnish a guarantee, or surety, 
bond, with one or more, good and sufficient sureties, in the sum 
of five thousand dollars ($5,000.00). And the warrant clerk in 
the office of the State auditor, be, and is hereby, required, to 
furnish a guarantee, or surety, bond, with one or more, good 



117 


aud sufficient sureties in the sum of five thousand dollars 
($5,000.00). 

Sec. 6. That the chief clerk in the office of the State treas¬ 
urer, be, and is hereby, required, to furnish a guarantee, or 
surety, bond, with one, or more, good and sufficient sureties, in 
the sum of not less than five thousand dollars ($5,000.00), pro¬ 
vided that the amount of the said bond may be fixed at a greater 
sum when so required by the State treasurer; and that all other 
clerks, in the office of the State treasurer, are hereby required 
to furnish, a guarantee, or surety, bond, with one or more good 
and sufficient sureties, in the sum of five 'thousand dollars 
($5,000.00), for each clerk employed in the office of the State 
treasurer. 

Sec. 7. That the chief clerk in the office of the superinten-. 
dent of education, be, and is hereby, required, to furnish a guar¬ 
antee, or surety, bond, with one or more, good and sufficient 
sureties in the sum of five thousand dollars ($5,000.00) and 
that the bookkeeper in the office of the superintendent of edu¬ 
cation, be, and is hereby, required, to furnish a guarantee, or 
surety, bond, with one, or more, good and sufficient sureties, in 
the sum of three thousand dollars ($3,000.00). 

Sec. 8. That the assistant attorneys general, two in num¬ 
ber, be, and are, hereby, required to furnish guarantee, or sure¬ 
ty, bonds, with one or more good and sufficient sureties, in the 
sum of three thousand dollars ($3,000.00) each. 

Sec. 9. That the adjutant general be, and is hereby re¬ 
quired, to furnish a guarantee, or surety bond, with one or 
more, good and sufficient sureties, in the sum of five thousand 
dollars ($5,000.00) ; and the assistant adjutant general, or chief 
clerk in the adjutant general’s office, be, and is hereby, required 
to furnish a guarantee, or surety, bond, with one or more, good 
and sufficient sureties, in the sum of three thousand dollars 
($3,000.00). 

Sec. 10. That the State health officer be, and is hereby re¬ 
quired to furnish a guarantee, or surety, bond, with one or more 
good and sufficient sureties, in the sum of five thousand dollars 
($5,000.00). 

Sec. 11. That the prison inspector be, and is hereby re¬ 
quired, to furnish a guarantee, or surety bond, with one or more 
good and sufficient sureties, in the sum of five thousand dollars 
($5,000.00). 

Sec. 12. That the examiners of accounts be, and are hereby 
required, to furnish guarantee, or surety bonds, with one or 
more good and sufficient sureties, in the sum of three thousand 
dollars ($3,000.00) each. 



118 


Sec. 13. That the chief clerk in the office of the pure food 
department of the office of the commissioner of agriculture and 
industries, be, and is hereby required to furnish a guarantee, or 
surety bond, with one or more good and sufficient sureties, in 
the sum of three thousand dollars, $3,000.00). 

Sec. 14. That the guarantee, or surety bonds herein re¬ 
quired, shall be, secured and issued by any qualified guarantee 
or surety company, or companies, which said company, or com¬ 
panies, have deposited with the State treasurer, at least fifty 
thousand dollars, ($50,000.00) worth of securities as required 
by law, and which said companies are in all respects qualified 
to transact business in the State of Alabama. Provided, how¬ 
ever, that if any of the officers, assistants, clerks, agents, or 
employees, of the State of Alabama are unable to procure the 
said bond, or bonds, in such guarantee, or surety company or 
companies, satisfactory to the Governor, then in that event, the 
said officers, assistants, clerks, agents or employees of the said 
State of Alabama, may make said bond or bonds with personal 
sureties; the said personal sureties to be approved by the Gov¬ 
ernor. 

Sec. 15. That when a bond or bonds shall be secured or in¬ 
sured by a guarantee, or surety company, or companies, the 
amount of the annual premium to be paid such guarantee, or 
surety company, or companies, for such suretyship, or insur¬ 
ance of said bonds, shall be paid by the State of Alabama, out 
of the funds in the State treasury; and that the amount or 
amounts due for said annual premiums, for said bonds, shall be 
paid by the warrant of the State auditor, drawn on the State 
treasurer; provided that bills for the said annual premiums 
shall first be approved by the Governor. 

Sec. 16. That unless, heretofore, or hereafter specifically 
provided by statute, the several bonds herein provided for shall 
be made to the State of Alabama. 

Sec. 17. That all bonds herein provided for, shall be ap¬ 
proved by the Governor, and after approval, filed in the office of 
the State auditor; and provided when the said bond is filed in 
the office of the State auditor, the said bond shall be made a 
matter of public record. And provided bonds of.clerks in the 
auditor’s office shall be filed in the office of the secretary of 
State. 

Sec. 18. That all officers, clerks, assistants, agents, or em¬ 
ployees of the State of Alabama, who are required to furnish 
bonds, as herein provided, shall within thirty days, after the 
approval of this act, file the required bond as herein provided. 



119 


Sec. 19. That the intent and purposes of this act are to re¬ 
quire good and sufficient guarantee, or surety, bonds, of the 
officers, assistants, clerks, agents and employees of the State of 
Alabama, not now required by law, to furnish guarantee, or 
surety bonds; and that the said bonds, herein required shall in 
all respects conform to sections 1500 and 1501 of the political 
Code of Alabama, of 1907. 

Sec. 21. That in the event that any office or position herein 
named, should be abolished, terminated or consolidated, with 
other office or position, then the bond herein provided shall be 
cancelled on those employees, who by reason of the termination 
of their positions, will not be continued in the service of the 
State. 

Sec. 22. That all bonds required by the provisions of this 
act, may be made in qualified guarantee or surety companies, 
and that the premium of said bonds shall be fixed at a sum not 
to exceed twenty-five cents for each one hundred dollars of lia¬ 
bility. Provided, however, that the minimum charge for the 
premium on any bonds required herein shall be five dollars, 
($5.00). 

Sec. 23. That the provisions of this act shall become effect¬ 
ive thirty (30) days after its approval by the Governor. 

Approved February 20, 1915. 


No. 72.) (S. 125—Hill. 

AN ACT 

To provide for the publication of all local acts or laws. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the courts of county commissioners, boards 
of revenue, or other governing body of the several counties of 
this State, may have published, at the expense of the county, 
within sixty days after the adjournment of each session of the 
Legislature, any or all laws of a local nature; said laws to be 
published in a newspaper published and, at least, partly printed 
in the county, which newspaper shall be permanently estab¬ 
lished and of general circulation in such county to which such 
laws relate. 

Sec. 2. Boards of revenue or courts of county commission¬ 
ers of the several counties of this State, who desire publication 
of local acts, as herein provided, shall procure from the secre- 



120 


tary of State, certified copy of any laws affecting their respect¬ 
ive counties, and procure bids for the publication of said laws, 
and contract with the lowest responsible bidder for the publi¬ 
cation of said law for three insertions, and the courts of coun¬ 
ty commissioners or boards of revenue may contract for the 
publication of said laws on the basis of the lowest price in pro¬ 
portion to the circulation of newspapers bidding. The news¬ 
paper selected to publish said laws shall furnish to all county 
and precinct officers, copies of the paper containing such pub¬ 
lications ; and the judge of probate shall preserve in his record 
book copies of such publications, which record book shall be¬ 
come a public record in the office of the probate judge. 

Sec. 3. The cost of publication to the county, shall, in no 
instance, exceed the rate now announced by law, for legal pub¬ 
lications. 

Sec. 4. The provisions of this act shall become effective in 
sixty days after adjournment of the Legislature of nineteen 
hundred and fifteen, but this act shall not apply to counties 
having a population of two hundred thousand as shown by the 
last census. 

Sec. 5. Nothing herein contained shall repeal any local 
laws regulating publication of local acts in any county where 
such laws exist. 

Approved March 5, 1915. 


No - 74 -) (S. 242—Hill. 

AN ACT 

To amend section 2411 of the Code of Alabama as amended by an act of the 

Legislature approved August 25th, 1909. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 2411 of the Code of Alabama of 
1909 be amended so as to read as follows: 2411 (4135) When 
license money refunded.—When any person has taken out and 
paid for a license to carry on any business in this State, and 
has afterwards been prohibited by law from carrying on such 
business before the time named in the license has expired, such 
person shall be entitled to have refunded to him such propor¬ 
tionate part of the whole sum paid for such license as the unex- 



121 


pired time thereof bears to the whole time for which the license 
was originally granted; and any person who, I li rough a mistake 
or error in the probate judge, has paid to the probate judge 
money that was not due from him for such license, or by such 
mistake has paid to the probate judge for such license an 
amount in excess of that required by law for the business to be 
carried on by such person under the license, such person shall 
be entitled to have refunded to him the amount in either event 
so erroneously collected by the probate judge, and the provis¬ 
ions of this section shall apply in cases where money has here¬ 
tofore been so erroneously paid within two years before the 
approval of this act; provided that where any person has been 
prohibited by law from carrying on such business before the 
judge of probate has paid over said license to the proper au¬ 
thorities it shall be the duty of said the judge of probate to re¬ 
fund to said person or persons such proportionate part of the 
whole sum paid for such license, less commission for collection, 
as the unexpired term thereof bears to the whole time for which 
the license was originally granted. The judge of probate shall 
only report and pay over the residue of such license collected 
and file with the State auditor the receipt from the person to 
whom the proportionate part of license was paid and said re¬ 
ceipt shall be a full release to the judge of probate. 

Sec. 2. This act shall become effective immediately upon 
the approval of the Governor. 

Approved February 22. 1915. 


No. 75.) 


AN ACT 


(S. 302—Holmes. 


To repeal section 770 of the Code of Alabama, of 1907, and to repeal an act 
to amend section 770 of the Code of Alabama, of 1907, approved Auv. 
20th, 1909. 

Be it enacted by the Legislature of Alabama: 

That section 770 of the Code of Alabama, of 1907, and an 
act to amend section 770 of the Code of Alabama, of 1907, ap¬ 
proved August 20th, 1909, be and the same are hereby repealed. 
Approved March 17, 1915. 



122 


No. 77.) (S. 166—Hill. 

AN ACT 

To regulate and provide for the notice of pending suits and writs affecting 
real estate in this State, and to prescribe how notice of pending suits 
affecting, and levies upon real estate shall be given; and how the same 
shall affect purchasers of real estate, and to require the judge of pro¬ 
bate of each county in this State to keep in his office a suitable book 
to be called a “Lis Pendens Record.” 

Be it enacted by the Legislature of Alabama: 

Section 1. That the judge of probate of each county in this 
State, shall keep in his office, as a public record, a suitable 
book, to be called a “Lis Pendens Record.” 

Sec. 2. Be it further enacted, That when any person shall 
begin a suit in any court, to enforce a lien upon, right to, in¬ 
terest in, or to recover any real estate, such person shall file 
with the judge of probate of each county, where the real estate, 
or any part thereof is situated, a notice containing the names of 
all the parties to the suit, or proceedings, a description of the 
real estate, and a brief statement of the nature of the lien, writ 
or suit sought to be enforced. The judge of probate shall im¬ 
mediately file and record the notice in the lis pendens record, 
and note on it and in the record the hour and date of the filing 
and recording. 

Sec. 3. Be it further enacted, That when a sheriff, constable, 
United States marshal or other officer, shall levy upon real es¬ 
tate by virtue of any process, he shall file with the judge of pro¬ 
bate of each county where the real estate or any part thereof is 
situated, a notice of the levy, showing the names of the parties 
to the proceedings, the kind of process, and a description of the 
real estate levied on. The judge of probate shall file and record 
and note upon the notice and record, as required in the preced¬ 
ing section. 

Sec. 4. Be it further enacted, That the judge of probate, 
upon filing and recording each notice, shall index the same, 
both directly and indirectly, under the names of each party to 
the proceeding. 

Sec. 5. Be it further enacted , That, if a person beginning any 
suit affecting, or if any officer levying any process upon real 
estate, shall fail to have the required notice entered in the lis 
pendens record, such suit or levy shall not affect the rights of a 
bona fide purchaser of such real estate unless they have actual 
notice of the suit or levy. 



Sec. 6. Be it further enacted } That where the proceedings in 
or as to the suit or levy, notice of which has been entered in the 
lis pendens record, shall be terminated, whether on the merits 
or not, the court wherein the same were pending, shall direct 
the judge of probate, who has the custody of the record, to make 
such entry thereof, as it shall prescribe, to give notice of the re¬ 
sult of the proceeding, and of the devolution of the real estate, 
and the judge of probate shall at once, on presentation thereof, 
file and record the prescribed entry, and note the date of filing 
and recording on the record. 

Sec. 7. Be it further enacted > That if any judge of probate 
shall fail to perform any of the duties herein required of him, 
he shall be liable on his official bond to any party injured for 
all damages he may sustain, and if any sheriff, constable, mar¬ 
shal or other officer shall fail to file the notice provided for in 
this law, upon the levy by him of any process on real estate, he 
shall be liable on his bond for all damages resulting therefrom. 

Sec. 8. That any notice filed with the judge of probate here¬ 
under, shall be recorded in such record in full, and the original 
of such notice shall bear the endorsement of the time of filing 
for record, and the book and page wherein such notice is re¬ 
corded. 

Sec. 9. That the judge of probate for the services herein, 
required of him, shall receive a fee of fifteen cents for each one 
hundred words for recording such notice, which fee shall be 
paid by the person filing the same. 

Sec. 10. That nothing herein contained shall affect any 
pending suit, existing right, title, claim, interest or demand. 

Approved March 5, 1915. 


No. 79.) (H. 484—Greene. 

AN ACT 

To submit to the qualified electors of each of the counties of this State the 
question of whether or not the work of tick eradication shall be taken 
up in said county, under the State Live Stock Sanitary Board as pro¬ 
vided by law. 

Be it enacted by the Legislature of Alabama 

Section 1. That upon the application of twenty-five per cen¬ 
tum of the qualified electors of any county in this State by peti¬ 
tion in writing signed in person by such qualified electors ad¬ 
dressed to and filed with the probate judge of such county, ask- 



124 


ing that an election be held in said county for the purpose of 
submitting to the qualified electors thereof the question of 
whether or not the work of tick eradication shall be taken up in 
said county, under the State live stock sanitary board as pro¬ 
vided by law, he shall within ten days after the presentation of 
such petition order an election to be held in such county, within 
forty days from the time of making such order to determine 
the question whether or not the work of tick eradication shall 
be taken up in said conn tv under the State live stock sanitary 
board as provided by law. 

Sec. 2. That in determining the number of qualified electors 
required as petitioners for the calling of any election under this 
act, the total number of votes cast in the county for all persons 
for the office of Governor of this State at the general election 
last preceding such proposed election, shall be deemed and con¬ 
sidered the total number of the qualified electors of the county 
for this act and not less than twenty-five per cent of such num¬ 
ber shall be sufficient as petitioners for the calling of an elec¬ 
tion under this act. 

Sec. 3. That notice of such election shall be published for 
three weeks preceding the election in some newspaper pub¬ 
lished in such county, or if there is no newspaper published 
therein, by posting notice thereof for the same period of time 
as required for publication in a newspaper, at the court house 
and five other public places in said county. The probate judge 
shall provide for and give the publication and notice required 
under this section. 

Sec. 4. That the officers to conduct said election shall be 
appointed in the same way that officers are now appointed to 
conduct the general State elections in this State, and they shall 
be notified of their appointment as such election officers as is 
provided by the election laws of this State and the election offi¬ 
cers shall receive the same pay as they receive for holding elec¬ 
tions under the laws of this State. 

Sec. 5. That the ballot used in said election shall have print¬ 
ed thereon: “For tick eradication.” “Against tick eradica¬ 
tion,” and shall be printed in such way as to enable each elector 
to express intelligently and clearly his choice by making a cross 
mark opposite one of the phrases on said ballot. 

Sec. 6. The probate judge shall provide the necessary bal¬ 
lots, poll lists, tally sheets, return sheets and other material and 
stationery necessary for the proper holding of said election and 
shall see that the same is delivered to the election officers in 
each precinct before the day of the election. 



Sec. 7. That the provisions of the general election laws of 
this State shall govern the conduct of all elections held Under 
this act, as to the conduct of same and the counting the votes 
and declaring the results and that it shall be conducted in all 
respects as regular State elections are conducted, unless other¬ 
wise provided herein. 

Sec. 8. The returns shall be canvassed by the probate judge, 
sheriff and circuit clerk as the returns of regular elections are 
conducted, and they shall make five copies of the result of said 
election and file one with the commissioners’ court, and send 
one to the State veterinarian, and post a copy at the court house 
door, and one shall be filed in the probate office of said county. 

Sec. 9. If a majority of the electors voting in said election 
shall vote in favor of tick eradication, the work shall be taken 
up in said county within three months after said election, as is 
provided by law, and if a majority of the electors vote against 
tick eradiction, the work shall not be taken up in said county 
until another elcetion can be held, and a majority vote for same. 

Sec. 10. That all persons who are qualified electors in said 
county under the laws of this State can vote in said election, and 
an election held under the provisions of this act, may be contest¬ 
ed in the same manner as the general election laws of this State 
provide for the contest of an election for the office of probate 
judge. 

Sec. 11. That all laws and parts of laws in conflict with 
this act be and the same are hereby repealed. 

Sec. 11%. No election shall be held in any county upon the 
question of tick eradication oftener than once in every two 
years. 

Approved March 5, 1915. 


No. 82.) (H. 72—Yarbrough. 

AN ACT 

To regulate the practice of veterinary medicine and surgery in the State of 
Alabama and establish a veterinary medical examining board. 

Be it enacted by the Legislature of Alabama : 

Section 1. That every person who shall* practice veterinary 
medicine and surgery in Alabama, or who shall assume, or use 
or cause to be used any title pertaining to the practice of veteri¬ 
nary medicine or surgery shall be a graduate of a legally char- 



126 


tered veterinary college, or university, which requires an attend¬ 
ance of three years of not less than eight months in each year 
at said college or university to obtain the degree of doctor of 
veterinary medicine or an equivalent title, except as hereinafter 
provided in sections 2 and 3 and twelve. 

Sec. 2. Any person of good moral character, who has prac¬ 
ticed veterinary medicine and surgery in the State of Alabama 
for a period of three years immediately preceding the passage 
of this act, and who shall present to the State board of veteri¬ 
nary medical examiners satisfactory evidence thereof, shall be 
granted a permit to practice veterinary medicine and surgery 
in Alabama; provided, said person or persons meets the require¬ 
ments of this act, and pays his registration fee and annual 
dues as hereinafter provided. Said person or persons desiring 
the benefits derived from this section must apply for said permit 
within six months after the appointment and organization of 
the State board of veterinary medical examiners of Alabama. 

Sec. 3. Any person who is a resident of Alabama, and who 
is a graduate of a legally chartered and authorized veterinary 
college or university at the time of the passage of this act shall 
be entitled to registration and a license to practice veterinary 
medicine and surgery in the State of Alabama, providing said 
person complies with the requirements of this act, pays the 
fees as hereinafter provided and makes application for registra¬ 
tion and license within ninety (90) days after the State board 
of veterinary medical examiners of Alabama organize following 
the passage of this act. Said applicant shall present the re¬ 
quired evidences and his diploma to the State board of veterina¬ 
ry medical examiners at the time he applies for registration and 
license. 

Sec. 4. That a State board of veterinary medical exam¬ 
iners is hereby established to consist of five (5) members who 
shall be in good standing and members of the State veterinary 
medical association of Alabama and graduates of a legally char¬ 
tered and accredited veterinary medical college and each mem¬ 
ber shall hold his membership until his successor is appointed 
and duly qualified. The members of the State board of veteri¬ 
nary medical examiners shall be appointed by the Governor of 
Alabama within thirty days after the passage of this act, and 
thereafter as vacancies shall occur. 

Sec. 5. The members of the first State board of veterinary 
medical examiners shall serve as follows: There shall be 
appointed one member for one year; one for two years; one for 
three years; one for four years; and one for five years. All 



127 


appointments thereafter shall be made by the Governor for a 
period of five years. This board shall elect from its members, 
a president, and a secretary-treasurer. This board shall have 
an official seal, and shall have power to call witnesses and take 
testimony bearing on the records of applicants for permits or 
for licenses to practice veterinary medicine and surgery in Ala¬ 
bama. 

Sec. 6. The State board of veterinary medical examiners 
shall meet within thirty (30) days after their appointment, 
organize and adopt such rules and regulations as they may deem 
necessary to carry on the business of the board, conduct exami¬ 
nations, issue permits and licenses. This board shall meet at 
least twice a year and the time and place and objects of each 
meeting shall be specifically stated, and each member shall be 
notified in writing ten days prior to the time of each meeting. 
Public notice of the time and place shall be given in not less than 
three daily papers of Alabama. 

Sec. 7. Every person registered, and licensed to practice in 
Alabama, by examination or otherwise, shall pay a fee of ten 
(|10.00) dollars and an annual fee of one doliar thereafter. 
Every person given a permit shall pay a registration and permit 
fee of ten dollars ($10.00) and an annual fee of one dollar 
thereafter. These fees shall be paid to the board of veterinary 
medical examiners and the funds thus collected shall be used 
to pay the legal expenses of the board, and shall be accounted 
for in detail bv the secretary-treasurer. 

Sec. 8. Every person who complies with the requirements 
of this act shall have his name recorded by the county clerk in 
the county in which he resides. He shall pay one dollar for 
the recording of his name. The county clerk shall not be per¬ 
mitted to record any person who does not present his State 
license or permit entitling him to be recorded. This record 
shall be required only once providing the person keeps up his 
practice and annual dues to the State board of veterinary medi¬ 
cal examiners. It may be required a second or third time, or 
as often as he renews his standing with the State board of veteri¬ 
nary medical examiners. 

Sec. 9. No person who is not a holder of a license or permit 
from the State board of veterinary medical examiners, and no 
person who fails to have his license or permit annually renewed 
shall engage in the practice of veterinary medicine and surgery 
for hire in the State of Alabama. 

Sec. 10. Every graduate of a legally chartered veterinary 
college which requires an attendance of three years of not less 



128 


than eight months each to obtain a degree in voterinai’y medi¬ 
cine and surgery shall be entitled to an examination by the 
board upon payment in advance of a fee of fifteen dollars 
($15.00) such graduates may apply for, and receive, special 
and limited permits to practice with an office at a specified place 
until the State board of veterinary medical examiners shall 
meet, give examinations, and pass on said examinations. A 
travelling veterinarian shall not be allowed to travel and prac¬ 
tice in Alabama until he passes the required examinations and 
is issued a license to practice in Alabama. A travelling veteri¬ 
narian shall keep the secretary of the veterinary medical exam¬ 
ining board informed of all changes in his postoffice address 
and give the time and the places he enters to practice in the 
State of Alabama. 

Sec. 11. The State board of veterinary medical examiners 
shall hold at least two (2) examinations each year and as many 
more as they may deem necessary, at such place and time as 
they may legally call and advertise. At least three of the mem¬ 
bers must be present at the time said examinations are con¬ 
ducted. Said examinations shall be theoretical and practical 
and may be written, oral or both. Said examinations shall 
include the following subjects: Veterinary anatomy, surgery, 
veterinary medicine, obstetrics, pathology and bacteriology, 
therapeutics and pharmacy, veterinary physiology, animal hus¬ 
bandry and dairying, meat inspection, milk inspection, chem¬ 
istry, veterinary sanitation. 

Sec. 12. This act shall not prevent, interfere with, or pun¬ 
ish veterinarians of the United States Army, or of the bureau 
of animal industry, or State live stock sanitary board inspectors 
from attending to their respective duties in the State of. Ala¬ 
bama. This act shall not prohibit qualified practitioners of 
other States consulting with registered practitioners of Ala¬ 
bama or prevent registered veterinarians of other States who 
reside on or near the State line from practicing in Alabama, 
providing said veterinarians of other states shall obtain a license 
and become registered in Alabama. Nothing in this act shall 
apply to persons gratuitously treating animals in cases of emer¬ 
gency in localities where a registered or licensed veterinarian 
cannot be secured. Nothing in this act shall prevent persons 
in rural districts or small towns or other places where the ser 
vices of a licensed veterinarian cannot be secured for operatinp 
on or prescribing for domestic animals. Nothing in this act 
shall prevent any person from castrating or spaying or dehorn¬ 
ing domestic animals. But the gratuitous and emergency worker, 



129 


the rural operator and prescriber, the castrator, spaver or 
dehorner shall not use or assume any title appertaining to the 
practice of veterinary medicine and surgery. Nothing in this 
act shall prevent students in legally chartered veterinary col¬ 
leges from practicing under preceptors after such students have 
completed one college year and from the end of one college ses¬ 
sion to the beginning of another college session. Nothing in 
this act shall prevent properly instructed and official county, 
State and Federal farm demonstrators and other properly in¬ 
structed persons from administering hog cholera serum. The 
State veterinary medical board may receive or reject the regis¬ 
tration license from any other State or country whose standards 
equal the Alabama requirements. 

Sec. 13. The members of the State board of veterinary 
medical examiners during the first five years after the passage 
of this act shall receive actual expenses while traveling to and 
from legal meetings and transacting such other business as the 
board may authorize. After a period of five years following 
the passage of this act each member of the board may receive 
($5.00) dollars a day and actual expenses while attending meet¬ 
ings or other official duties. The secretary-treasurer shall 
receive a salary of forty dollars a year and actual expenses and 
shall be required to make semi-annual reports in detail to the 
examining board. The legal expenses of the board shall be paid 
by the board from the license and permit fees. In no case shall 
the State of Alabama be called upon to pay the expenses of 
the State board of veterinary medical examiners, or any debts 
contracted by the said board. 

Sec. 14. Any person who shall practice veterinary medi¬ 
cine or surgery without having obtained a license or a permit 
from the State board of veterinary medical examiners in ac¬ 
cordance with the provisions of this act, upon conviction, for 
each and every violation, shall be fined not less than twenty-five 
($25.00) dollars or more than one hundred ($100.00) dollars. 
The State board of veterinary medical examiners, or any legally 
licensed veterinarian, or any citizen of Alabama, may help the 
solicitor in prosecuting a person or persons for violating any 
one or more of the provisions of this act. 

Approved March 17,1915. 


5 GA 



130 


No. 83.) (H. 591—John. 

AN ACT 

To provide for the payment of the expenses incurred by the doorkeeper of 

the House, and the doorkeeper of the Senate. 

Be it enacted by the Legislature of Alabama : 

Section 1. That the sum of one thousand dollars, or so 
much thereof as may be necessary, is hereby appropriated out 
of any moneys in the State treasury, not otherwise appropriat¬ 
ed, to pay the expenses incurred by the door keeper of the 
House and the door keeper of the Senate. 

Sec. 2. That the State auditor is hereby authorized and di¬ 
rected to draw his warrants on the State treasury in favor of 
the door keeper of the House, and the door keeper of the Sen¬ 
ate for whatever amounts may be necessary not in excess of 
one thousand dollars, when the accounts of said door keeper are 
approved by the presiding officers of the respective houses. 

Approved March 8, 1915. 


No. 84.) (H. 593—Greene. 

AN ACT 

To amend section 757 of the Code of Alabama, 1907. 

Be it enacted by the Legislature of Alabama: 

That section 757 of the Code of Alabama 1907 be and the 
same is hereby amended so as to read as follows: 757. State 
Live Stock Sanitary Board Established. The commissioner of 
agriculture and industries of the State of Alabama, the dean of 
the college of veterinary science, and the professor of animal 
industry at the Alabama Polytechnic Institute and two actual 
live stock breeders who are to be appointed by the Governor, 
shall constitute a board to be known as the State live stock 
sanitary board. The commissioner of agriculture and indus¬ 
tries shall be the chairman and the veterinarian of the board 
shall be the secretary of the board. The two appointed mem¬ 
bers shall receive no salary, but shall be paid their actual ex¬ 
penses while on actual duty in carrying out the provisions of 
this article. They shall serve for four years and until their 
successors are appointed and qualified. 

Approved March 17, 1915. 



No. 85.) 


AN ACT 


(H. 387—Pruett. 


To classify widows of Confederate soldiers or sailors, according to age, to 
reclassify all widows of Confederate soldiers or sailors, according to 
age, now on the pension rolls or who may hereafter be placed on the 
pension rolls and to make an appropriation to provide for such re¬ 
classification. 

Be it enacted by the Legislature of Alabama : 

1. That all widows of Confederate soldiers or sailors, now 
on the pension rolls, or who hereafter may be placed on the 
pension rolls under the laws of this State, shall be divided into 
three classes, as follows: Widows over the age of eighty years, 
or totally blind, shall be class numbered one; those over sev¬ 
enty years of age shall be class numbered two; all others who 
are entitled to pensions shall be class numbered three. 

2. That the State auditor is hereby required to reclassify 
all widows of Confederate soldiers or sailors, now on the pen¬ 
sion rolls, according to age, as provided in the first section of 
this act. 

3. That immediately after the passage of this act, the au¬ 
ditor shall prepare a blank affidavit, shall forward same to the 
judge of probate of the county in which the widows who are 
now on the roll reside, whose duty it shall be to forward same 
to widows. In which blank they shall be required to set forth 
their ages, the names of their husbands through whose services 
they claim the right to pensions together with their permanent 
postoffice addresses; and on the blank shall be a statement by 
the auditor setting forth the object and purpose thereof. 

4. That after the affidavits have been returned, the reclas¬ 
sification shall be made, and thereafter such widows shall be 
paid the same amount according to class as are now paid the 
Confederate soldiers of these classes. 

5. That it shall be the duty of the State auditor to require 
all future applicants for Confederate widows’ pensions to state 
their ages in the application, and to class them in accordance 
with the classification herein provided. 

6. That the auditor is hereby authorized to expend from 
the Confederate pension fund not exceeding the sum of two 
hundred and fifty dollars ($250.00), to meet the expense of post¬ 
age, printing and clerical services necessary to cause the re¬ 
classification required by this act. 

Approved March 8, 1915. 



132 


No. 87.) (H. 307—Fite, Tuscaloosa. 

AN ACT 

To amend section three (3) of an act entitled “An act to fix the amount of 
capital of and deposit with the State treasurer by miscellaneous insur¬ 
ance companies, excepting mutual aid associations,” approved August 
19th, 1909. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section three (3) of an act entitled “An act 
to fix the amount of capital of and deposit with the State treas¬ 
urer by miscellaneous insurance companies, excepting mutual 
aid associations,” approved August 19th, 1909, be amended so 
as to read as follows: 3. That before any foreign insurance 
company of the kind described in section 1 of the act approved 
August 19th, 1909, entitled an act to fix the amount of capital 
of and deposit with the State treasurer by miscellaneous insur¬ 
ance companies, excepting mutual aid associations, shall be au¬ 
thorized to do business in this State such company must, in 
addition to complying with all other requirements of law in 
such cases provided satisfy the insurance commissioner that it 
is fully and legally organized under the laws of the State or 
government to do the business it proposes to transact; that it 
has on deposit with the treasurer of the State or government, 
or with the proper officer of some other State, securities to the 
actual cash value of one hundred thousand dollars, consisting 
of State bonds, United States bonds, municipal bonds where the 
total bond issue of such municipality does not exceed five (5) 
per centum of the taxable value of property situated therein, 
•or notes secured by mortgages on real estate for the double the 
amount; all of which securities shall be subject to the approval 
of the insurance commissioner of this State; and such compa¬ 
nies shall file with the insurance commissioner of this State the 
certificate of the official with whom the securities are deposited 
stating the name and amount of each of said bonds, notes or 
mortgages and that he is satisfied they are worth at least one 
hundred thousand dollars, and that the deposit is made with 
him by the company for the protection of all the policy holders 
and creditors in the United States. 

Sec. 2. That this act shall take effect immediately upon its 
approval by the Governor. 

Approved February 22, 1915. 



i3a 


No. 88.) (H. 502—Wilson. 

AN ACT 

To repeal section 770 of the Code of Alabama, of 1907, and to repeal an act 
to amend section 770 of the Code of Alabama, of 1907, approved August 
20th, 1909. 

Be it enacted by the Legislature of Alabama: 

That Section 770 of the Code of Alabama, of 1907, and an 
act to amend section 770 of the Code of Alabama, of 1907, ap¬ 
proved August 20th, 1909, be and the same are hereby repealed. 
Approved February 19, 1915. 


No. 89.) (H. 308—Fite, Tuscaloosa. 

AN ACT 

To amend section 1889 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 1889 of the Code be amended so as 
to read as follows: Section 1889. Medical department of the 
University of Alabama. The corporation styled the Medical 
College of Alabama is dissolved, and the institution heretofore 
known as the Medical College of Alabama is constituted the 
Medical Department of the University of Alabama, and shall 
hereafter be under the sole management, ownership, and con¬ 
trol of the board of trustees of the University of Alabama, pro¬ 
vided that the said medical department shall remain at Mobile, 
so long as it can be maintained in that city as a Class A School 
of Medicine as defined by the Council on Medical Education of 
the American Medical Association. “Whenever the Council on 
Medical Education of the American Medical Association in¬ 
forms the trustees of the University that it proposes to lower 
the classification of said medical department, said trustees 
shall order the removal of the said medical department to Tus¬ 
caloosa or elsewhere, that may offer the best advantages and 
inducements to be conducted in such manner as the trustees of 
the University of Alabama may elect, provided that the courses 
offered shall conform to recognized standards.” All appropria¬ 
tions of moneys which have heretofore been made to said med¬ 
ical college (or department) or which may hereafter be made 
in aid of said medical department of the University of Alabama 



134 


shall be paid to the trustees of the University of Alabama to be 
used in such manner they may from time to time direct. 

Sec. 2. That all laws and parts of laws in conflict with the 
provisions of this act be and the same hereby are repealed. 
Approved February 18, 1915. 


No. 89.) (S. 67—Milner. 

AN ACT 

To amend section 4742 of the Code of 1907. 

Be it enacted by the Legislature of Alabama: 

That section 4742 of the Code of 1907 be, and is hereby 
amended to read as follows, 4742.—When one party furnishes 
the land, and another party furnishes the labor and team to 
cultivate it, with stipulations, express or implied, to divide the 
crop between them in certain proportions, the relation of land¬ 
lord and tenant with all its incidents, and to all intents and pur¬ 
poses, shall be held to exist between them; and the portion of 
the crop to which the party furnishing the land is entitled shall 
be held and treated as the rent of the land, and this shall be 
true whether or not the parties by express agreement or by im¬ 
plication are to share in the expense of any fertilizer used on 
the land in connection with said crops. 

Sec. 2. That nothing in this act, shall be construed or held 
to effect any cause pending in any court, or any contract, de¬ 
mand, or existing right, executed or created before the approval 
of this act; or any remedy for the enforcement of any such con¬ 
tract, demand or right. 

Approved March 8, 1915. 


No 90.) • (S. 42—Lusk. 

AN ACT 

To further regulate the admission of evidence concerning disputed writings. 

Be it enacted by the Legislature of Alabama: 

Section 1. That comparison of a disputed writing with any 
writing admitted to be genuine or proven to the reasonable sat¬ 
isfaction of the court to be genuine shall in civil and criminal 



135 


cases be permitted to be made by witnesses who are qualified as 
experts or being familiar with the handwriting of the person 
whose handwriting is in question and such writings and the evi¬ 
dence of witnesses respecting the same may be submitted to the 
court or jury trying the case as evidence of the genuineness or 
otherwise of the writings in dispute. 

Sec. 2. This act shall take effect sixty days after the ap¬ 
proval thereof. 

Approved March 6, 1915. 


No. 91.) (S. 31—Pride. 

AN ACT 

To amend rule 1 of Chancery Rules page 1529 Code of Alabama 1907. 

Be it enacted by the Legislature of Alabama : 

1. That rule 1 of chancery rules, page 1529 Code of Ala¬ 
bama, be and the same is hereby amended so as to read as fol¬ 
lows : The chancery court shall always be open for the trans¬ 
action of any business therein, but the court shall not have the 
power to open, or set aside any final decree after the lapse of 
thirty days from the date of its rendition. 

Approved March 17, 1915. 


No. 92.) (S. 228—Milner. 

AN ACT 

To amend section 3236 of the Code of Alabama, of 1907. 

Be it enacted by the Legislature of Alabama: 

That section 3236 of the Code of Alabama, of 1907, be, and 
the same is hereby amended so as to read as follows: Section 
3236. The circuit courts in the sixth judicial circuit shall be 
held in each year as follows: 1. In the county of Lamar, on the 
third Monday in February and August, and may continue three 
weeks. 2. In the county of Fayette, on the third Monday after 
the third Monday in February and August, and may continue 
two weeks. 3. In the county of Greene on the fifth Monday 
after the third Monday in February and August, and may con¬ 
tinue three weeks. 4. In the county of Sumpter, on the eighth 
Monday after the third Monday in February and August, and 
may continue three weeks. 5. In the county of Pickens, on the 
eleventh Monday after the third Monday in February and Au- 



136 


gust, and may continue two weeks. 6. In the county of Tusca¬ 
loosa, on the thirteenth Monday after the third Monday in Feb 
ruary and August, and may continue six weeks. 

Approved February 23, 1915. 


No. 93.) (S. 33—Pride. 

AN ACT 

To amend section 6296 of the Code of 1907. 

Be it enacted by the Legislature of Alabama: 

1. That Section 6296 of the Code of 1907 be and the same is 
hereby amended so as to read as follows: 6296—(4337) (3781) 
(4347). (3698) (152) Arson in the second degree.—Any person 
who willfully sets fire to, or burns, any church, meeting house, 
court house, town house, college, academy, jail, or other build¬ 
ing erected for public use, or any banking house, warehouse, 
cotton house, gin house, store, manufactory, or mill, which, with 
the property therein contained, is of the value of five hundred 
dollars or more, or any car, car shed, barn, stable, cotton house, 
or cotton pen containing cotton, or corn, crib, or corn pen con¬ 
taining corn, or any shop, or office, or outhouse within the cur¬ 
tilage of any dwelling house or other building by the burning 
whereof any building hereinbefore specified in this section is 
burned, or who willfully sets fire to, or burns any uninhabited 
dwelling house, or any steamboat or vessel in which there is at 
the time no human being, is guilty of arson in the second de¬ 
gree, and must, on conviction, be punished by imprisonment in 
the penitentiary for not less than two nor more than twenty 
years. 

Approved March 5, 1915. 


No. 94.) (S. 105—Key. 

AN ACT 

Fixing the fees of solicitors for convictions for the illegal manufacture of 
spirituous, vinous or malt liquors, or intoxicating drinks. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the solicitor’s fee to be taxed against any 
defendant convicted on a charge of the illegal manufacture of 
spirituous, vinous or malt liquors, or intoxicating drinks, shall 
be thirty dollars. 

Approved March 17, 1915. 



137 


Xo - 96 -) (S. 34—Pride. 

AN ACT 

To amend section 2838 of the Code. 

Be it enacted by the Legislature of Alabama : 

That section 2838 of the Code is amended so as to read as 
follows: 2838—Appeals from certain interlocutory decrees. 
From any decree rendered by the chancery court in term time, 
or by the chancellor in vacation, or by "the county courts of 
law and equity in term time, or by the judge of such, sustain¬ 
ing or overruling a demurrer to a bill in equity or to a cross¬ 
bill, an appeal lies from such decree, to be taken within thirty 
days from the rendition thereof, to the Supreme Court. Such 
appeal shall be heard and determined by the Supreme Court 
in preference to all other appeals except appeals in criminal 
cases; and if the decree is reversed, the court shall render such 
decree as should have been rendered by the court, chancellor or 
judge below; but nothing in this section shall prevent an assign¬ 
ment of errors on such decrees on appeals taken on the final 
determination of the cause, if no appeal is taken under this 
section. 

Approved March 17, 1915. 


No. 97.) (S. 195—Pride. 

AN ACT 

To amend section 7700 of the Code of 1907. 

Be it enacted by the Legislature of Alabama : 

1. That section 7700 of the Code, be and the same is hereby 
amended so as to read as follows: 7700 (5448) Carnal knowl¬ 
edge of girl over twelve and under sixteen years of age.—Any 
person who has carnal knowledge of any girl over twelve and 
under sixteen years of age, or abuses such girl in the attempt 
to have carnal knowledge of her, must on conviction, be pun¬ 
ished at the discretion of the jury, by imprisonment in the pen¬ 
itentiary for not less than two nor more than ten years. This 
section however, shall not apply to boys under sixteen years of 
age. 

Approved March 17, 1915. 



138 


No 98.) (S. 119—Lusk. 

AN ACT 

To further regulate settlements of accounts of deceased guardians, execu¬ 
tors and administrators and to enforce judgments rendered thereon. 

Be it enacted by the Legislature of Alabama : 

Section 1. That in case of the death of an executor, ad¬ 
ministrator or guardian without having made a final settle¬ 
ment of his executorship, administration or guardianship and 
there shall not have been granted letters of administration or 
testamentary on his estate, the sureties on his official bond may 
proceed to make settlement of his administration of said estate 
as guardian, executor or administrator in the probate court 
having jurisdiction thereof by filing an account and vouchers 
for final settlement with the heirs and distributees, or with the 
administrator de bonis non or the succeeding guardian or 
cestui que trust or minors and guardian ad litem, where minors 
are interested. 

Sec. 2. That should an administrator or executor of such 
deceased executor or administrator or guardian be appointed 
at any time before final decree any party to the proceeding may, 
on motion, have such executor or administrator of such de¬ 
ceased executor, administrator or guardian made a party to 
such settlement on ten days notice. 

Sec. 3. That in any case where an executor, administrator 
or guardian shall die without having made a final settlement 
of his administration or guardianship and a successor is ap¬ 
pointed such succeeding executor, administrator or guardian 
or the heirs and distributees, legatees, cestui que trust may by 
petition to the court in which such estate is pending have an 
order requiring the sureties on such bond to make settlement 
of such estate in said court after ten days notice of the day 
fixed by the court or judge thereof. 

Sec. 4. That in all such cases provided for in the preced¬ 
ing section the settlement therein provided for shall be final 
and conclusive against such surties save the right of review by 
appeal or otherwise as now provided by law. 

Sec. 5. That execution and all other final process may is¬ 
sue against the said sureties on said bond to enforce said judg¬ 
ments. 

Approved March 8, 1915. 



139 


No. 99.) (S. 30—Kline. 

AN ACT 

To provide for the exhoneration of sureties on appeal bonds in cases of ap¬ 
peal from judgment of conviction in municipal courts in the State of 

Alabama. 

Be it enacted by the Legislature of Alabama : 

Section 1. That from and after the passage and approval 
of this act any person or persons who shall become surety on 
the appeal or appearance bond of any person, who shall have 
been convicted of the violation of any ordinance, of any city or 
town in this State, may, at any time before a conditional judg¬ 
ment is rendered against them, exhonerate himself from liabil¬ 
ity on such appeal or appearance bond by procuring from the 
clerk of the court to* which such appeal shall have been taken, 
a certified copy of such appeal or appearance bond and arrest¬ 
ing or causing to be arrested, the principal in such bond and 
surrendering him to the chief of police, marshal or any police 
officer of any such city or town. 

Sec. 2. After the rendition of a conditional judgment 
against them such bail may arrest the defendant as provided in 
the preceding section; but such arrest and delivery of the de¬ 
fendant shall not exhonerate the bail unless, in the judgment 
of the court, a good and sufficient excuse is given for the fail¬ 
ure of the defendant to appear at the time the conditional judg¬ 
ment was rendered. 

Sec. 3. Such defendant may be discharged on his giving 
new bail, otherwise he must be kept in jail by the proper munic¬ 
ipal officers until discharged by law. 

Sec. 4. All laws and parts of laws in conflict with the pro¬ 
visions hereof are hereby repealed. 

Appx^oved March 17, 1915. 


No. 100.) 


AN ACT 


(S. 124—Lewis. 


To authorize and empower any one to bring into this State or permit to be 
brought into this State elk, or elk kind, and to place such elk upon suit¬ 
able propagating grounds, or game refuges; to prohibit the pursuing, 
hounding, taking, wounding or killing of any such elk; to provide pen¬ 
alties for the violation of this act and to fix the amount thereof. 

Be it enacted by the Legislature of Alabama : 

Section 1. That any one be and is hereby authorized and 
empowered to bring into or permit to be brought into this State 



140 


Elk and to place such animals upon suitable propagating 
grounds, or game refuges, that in his discretion are best suited 
to the habits of such animals. 

Sec. 2. That no person shall pursue, hound, take, wound, 
capture, kill or destroy any Elk during a period of ten years 
after the approval of this act. 

Sec. 3. That any person who violates any of the provisions 
of this act shall be guilty of a misdemeanor, and upon convic¬ 
tion shall be fined a sum to be paid in the currency of the Unit¬ 
ed States of America of not less than $25.00 nor more than 
$100.00, which fine shall be forwarded to the State treasurer 
and placed to the credit of the game and fish protection fund. 
Provided the bringing into this State of Elks shall be without 
cost to the State. 

Approved March 8th, 1915. 


No. 101.) (S. 204—Arrington. 

AN ACT 

To provide for the granting of a free scholarship in certain schools of the 
State of Alabama, to the value of one hundred dollars each year, upon 
the donation to the State by the United Daughters of the Confederacy 
of the State of Alabama of the sum of twelve hundred and fifty dollars 
for the securing of each such scholarship. 

Be it enacted by the Legislature of Alabama: 

Section 1. That whenever the United Daughters of the Con¬ 
federacy of the State of Alabama shall donate to the State of 
Alabama, and actually pay in cash to the treasurer of said 
State, a sum of money amounting to twelve hundred and fifty 
dollars, there shall be considered as established a free scholar¬ 
ship of the value of one hundred dollars per year in board and 
such fees or other charges as that amount would cover or in¬ 
clude over and above board, for the benefit of the student re¬ 
ceiving the benefit of the same, or appointed to such scholar¬ 
ship, at any of the following institutions of learning, to-wit: 
The University, Tuscaloosa; Alabama Polytechnic Institute, 
Auburn; Alabama Girls Technical Institute, Montevallo; any 
of the group A Normal Schools, Florence, Jacksonville, Liv¬ 
ingston, and Troy, that have, or may have a dormitory, that 
such scholarship shall be, and is hereby established for each 
sum of twelve hundred and fifty dollars so donated to the State. 



141 


Sec. 2. That at the time such sum or sums of money 
amounting to twelve hundred and fifty dollars shall be donated 
to the State, and paid over to the State treasurer, the said 
United Daughters of the Confederacy shall designate in writing 
signed by its president and countersigned by its chairman of 
scholarship, and filed with the State auditor, the particular in¬ 
stitutions of learning, among those enumerated in section 1 of 
this act, in which the scholarship is desired. Thereupon it shall 
be the duty of the State auditor to issue a warrant drawn upon 
the State treasurer, in due form, and deliver the same to the 
treasurer of such institution of learning for he said sum of 
twelve hundred and fifty dollars, or for such several sums of 
twelve hundred and fifty dollars which shall be donated in this 
manner to the State which warrant or warrants the treasurer 
shall pay on presentation. Such sum or several sums of twelve 
hundred and fifty dollars shall be received by such treasurer of 
such institution of learning and added to the sum held by the 
board or boards legally administering the same for the support 
of such institutions. 

Sec. 3. Any person, male or female, otherwise entitled to 
admission as a student or pupil in such institution of learning, 
and such only, and who presents to the proper authorities of 
same, a certificate signed by the president and countersigned 
by the chairman of scholarship committee of such United 
Daughters of the Confederacy of Alabama, granting to him or 
her a scholarship, under the terms of this act, shall be entitled 
to be admitted at such institution as entitled to the benefits of 
this act. And when so admitted, he or she shall be given credit 
on the books of such institution for the sum of one hundred 
dollars, to be applied to the end and purpose of defraying his or 
her board and such fees or other charges as that amount would 
cover over and above board, for the session during which or 
for which he or she applies for admission. 

Approved February 24. 1915. 


No. 102.) (S. 106—Hall. 

AN ACT 

To make an appropriation for the payment of expenses incurred in the 
publication of proclamations of the Governor on constitutional amend¬ 
ment voted on at the election held in this State on the first Tuesday 
after the first Monday in November, 1912. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the sum of five thousand dollars ($5,000.00) 
or so much thereof as may be necessary, is hereby appropriated 



142 


out of any money in the State treasury not otherwise appro¬ 
priated, for the purpose of paying for the publication of the 
proclamations of the Governor on the proposed amendment to 
the constitution voted on at the regular general election in this 
State on the first Tuesday after the first Monday in November, 
1912; as authorized by act approved February 28th, 1911. 
Pham. Acts 1911, p. 47. 

Sec. 2. That the auditor shall draw his warrant on the 
State treasurer for the payment of the accounts due the pro¬ 
prietors of the newspapers that published the said proclama¬ 
tions upon the verification of said account by the secretary of 
State, and approval of the same by the Governor. 

Sec. 3. That all laws and parts of laws in conflict with the 
provisions of this act be and the same are hereby repealed. 

Approved February 24, 1915. 


No. 103.) (S. 45—Lusk. 

AN ACT 

To prescribe a limitation for the bringing of suits for the recovery of per¬ 
sonal property or the value thereof or damages for the conversion 
thereof where the title is founded on a mortgage or conditional sale.. 

Be it enacted by the Legislature of Alabama: 

Section 1. That all suits of every kind whether at law or in 
equity brought for the recovery of personal property or its 
value or for the recovery of damages for the conversion thereof 
where such suit is founded on a mortgage or conditional sale of 
such personal property and is against another than the maker 
of said mortgage or purchaser in the contract of conditional 
sale, his presonal representatives or those holding under him 
by descent or will shall be barred unless brought within three 
years from the maturity of such mortgage or such contract of 
conditional sale. 

Sec. 2. That this act shall take effect on the 1st day of Jan¬ 
uary, 1916. 

Approved March 5,1915. 



143 


No 104.) (S. 227—Weathers. 

AN ACT 

To confer upon justices of the peace and judges of inferior courts con¬ 
current jurisdictions with circuit courts, and courts of like jurisdiction 

of all offenses arising under the game and fish laws of Alabama. 

Be it enacted by the Legislature of Alabama: 

Section 1. That concurrent jurisdictions with circuit 
courts, and courts of like jurisdiction be and the same is hereby 
conferred upon all justices of the peace and judges of inferior 
courts of this State in all cases arising under the laws for the 
protection and preservation of the birds, game and fish. 

Sec. 2. That all courts, trying such cases, shall make a re¬ 
port to the State game and fish commissioner, and shall remit 
fines to the State treasurer, as now provided by law in the case 
of clerks of other courts. 

Sec. 3. Persons convicted in such courts may appeal to the 
circuit or city courts of the county as in other cases of con¬ 
viction. 

Approved February 22, 1915. 


No. 107.) (H. 706—Walden. 

AN ACT 

To provide for the reinstatement of Confederate pensioners whose names 
have been stricken from the pension rolls of this State. 


Be it enacted by the Legislature of Alabama: 

Section 1. When the county board of pensions shall meet at 
the court house of their respective counties July next, they 
shall give ten days notice by advertising in a newspaper pub¬ 
lished in the counties of said meeting. Said notice shall inform 
all pensioners who have been stricken from the pension roll of 
the State, that they or their witnesses may appear before said 
pension board and show cause why they should be reinstated on 
said pension roll and placed in the class from which they were 
stricken. 

Sec. 2. If after hearing the proof of said pensioner and his 
witnesses they are convinced that any person so applying for 
reinstatement on the pension roll has been unjustly stricken 
from the pension roll, they shall reduce said hearing to writing, 



144 


to be submitted to the State board of examiners at their next 
meeting. 

Sec. 3. The State board of examiners shall receive such ap¬ 
plication from the auditor and examine carefully and separate¬ 
ly each application for reinstatement on the pension roll from 
which they have been stricken, and the evidence of one witness 
who was a Confederate soldier and who makes affidavit to the 
fact that said applicant for reinstatement did serve in the Con¬ 
federate army or the State troops of Alabama in accordance 
with the requirements of section 2007 of the Code of 1907, to¬ 
gether with the evidence of two reliable citizens of the precinct 
in which said pensioner resides, who must state under oath that 
said applicant is a reliable and truthful person, and who from 
their knowledge of such person would not make a false state¬ 
ment for the purpose of securing a pension. Then it becomes 
the duty of the State board of pensions to have placed on the 
pension roll the name of said pensioner and in the class 
from which said pensioner was stricken. “Provided, that when 
an applicant heretofore on the Confederate pension rolls, makes 
affidavit that he enlisted in the service of and did not desert the 
Confederacy, and that he knows of no available witness or wit¬ 
nesses to such fact, such affidavit shall be presumptive evi¬ 
dence of the applicant’s right to the pension provided for by the 
laws of Alabama, unless disproved; and an affidavit by the 
widow of a deceased soldier or sailor who has ever drawn a Con¬ 
federate pension and who is over 45 years old that she is in¬ 
formed and believes that her husband enlisted in and did not 
desert the Confederacy, shall have the same effect as the affida¬ 
vit herein provided to be made by soldiers and sailors of the 
Confederacy. And all persons reinstated as pensioners shall 
also be paid such sum or sums as they would have received if 
they had not been dropped from the pension rolls of Alabama. 

Sec. 4. All soldiers or widows of soldiers who make appli¬ 
cation for Confederate pension after the enactment of this bill 
the same shall be entitled to the measures provided by this bill. 

Approved February 19, 1915. 



No. 107.) 


AN ACT 


(S. 163—Hartwell. 


For the preservation of the oyster reefs in the waters of Alabama; to regu- 
late the manner and time of taking and catching oysters from the pub¬ 
lic waters of the State; to prescribe and regulate the measure of oys¬ 
ters bought and sold in the shell; to provide for the leasing of water 
bottoms owned by the State; to fix penalties for the violations of the 
provisions of this act; to fix and prescribe the license to be paid by 
canning factories and wholesale dealers in oysters; and boats freighting 
and catching same; to provide for the repeal of all laws in conflict with 
the provisions of this act, and particularly the acts approved April 18, 
1911, and August 27, 1909, providing among other things, for the crea¬ 
tion of an oyster commission. 

Be it enacted by the Legislature of Alabama: 

Section 1. That all the beds and bottoms of the rivers, 
bayous, lagoons, lakes, bays, sounds and inlets within the juris¬ 
diction of the State of Alabama are declared to be the property 
of the State of Alabama, to be held in trust for the people there¬ 
of, but the owners of land fronting on such waters, where oys¬ 
ters may be grown, shall have the right to plant and gather 
same in the waters in front of their land, to the distance of six 
hundred yards from the shore, measured from the average low 
water mark, but where the distance from shore to shore is less 
than twelve hundred yards, the owners of either shore may 
plant and gather to a line equidistant between the two shores, 
but no person shall plant in any natural channel so as to inter¬ 
fere with navigation; the respective owners shall plant within 
lines extended into the water from points where the boundaries 
intersect the shore, as nearly as practicable, with a mean width 
corresponding with their respective frontages on the shore, but 
should the lines thus extended cross each other, or seriously in¬ 
terfere with obtaining such mean width, then a line equidistant 
from the shore lines of the respective owners shall be the boun¬ 
dary between such planting grounds. No riparian right shall 
vest in any person to any part of the natural and public reefs. 

Sec. 2. Be it further enacted, That subject to the provisions 
of this act, the regulation and control of the oyster bottoms of 
this State, not within the six hundred yard limit above referred 
to, shall be under the direction and control of secretary of 
State of Alabama, who shall, as occasion may demand, employ 
a competent surveyor to plat the oyster bottoms of this State in 
the townships, sections and quarter-sections on lines conform¬ 
ing to the United States land survey, and may lease the same, 
except public reefs, as hereinafter provided. 



146 


Sec. 3. Be it further enacted, That any bona fide resident 
citizen of the State of Alabama may lease not exceeding one 
hundred acres, by making application in writing to the secre¬ 
tary of State, accompanied by a fee of five dollars, whereupon a 
competent surveyor, selected by said chief inspector, at the ex¬ 
pense of the applicant, shall stake off the parcel to be leased, for¬ 
warding a description thereof to the said department, which shall 
thereupon issue to said applicant a lease thereon, upon the pay¬ 
ment in advance, of a rental at the rate of one dollar per acre 
for one year, and which shall likewise be paid in advance, at 
the beginning of each rental year thereafter during the contin¬ 
uation of such lease, which shall be so long as such rent is paid; 
but not more than twenty years and they to have option of re¬ 
newal of lease. The rental year shall begin March first. Upon 
forfeiture, however the lessee may, in the reasonable discretion 
of said secretary of State be allowed additional time to remove 
from said leased parcel, as may seem proper, upon such terms 
as may be prescribed by him, oysters remaining thereon which 
were planted by said lessee. Any persons now holding a lease 
upon oyster bottoms may obtain a lease thereon in accordance 
with the terms of this act, provided the same does not exceed 
one hundred acres, by surrendering to said department their 
present lease, accompanied by said fee of five dollars, and all 
rent due under said lease, together with the payment, in ad¬ 
vance, of the rental for the ensuing year, as hereinbefore pro¬ 
vided; and all parties holding under lease more than one hun¬ 
dred acres, may continue to hold same under the terms of their 
leases, but should they, at any time, desire to surrender any 
portion thereof, they may, in like manner, surrender their said 
leases, and take out a new lease under the terms of this act, for 
one hundred acres or less, but shall pay the expenses of staking 
off the portion included in the new lease. They shall also sur¬ 
render their old leases, accompanied by a fee of five dollars, and 
the amount of rental for the ensuing year, on the acreage in¬ 
cluded in the new lease, as well as any amount due under the 
old lease. All leases issued under the "provisions of this act, 
shall stipulate that not less than an average of not less than ten 
barrels shall be planted by the lessee upon the lands so leased, 
and that affidavit signed by the lessee and two witnesses, shall 
be made to the chief inspector before the first day of November 
of each year that this has been done, and that the lands so 
leased are in a good state of cultivation, and that a failure to 
comply with this provision shall work a forfeiture of said lease. 
All wholesale dealers in oysters shall pay to the chief oyster in- 



147 


spector a license of twenty-five dollars per year; and canning 
factories, five hundred dollars per year, for the privilege of con¬ 
ducting such business in the State. Any dealer disposing of 
one barrel of oysters in the shell, or one thousand oysters after 
they have been opened, at one sale, shall be deemed a wholesale 
dealer 

Sec. 4. The Governor shall appoint a public reef warden 
whose duty it shall be to see that all oysters taken from the pub¬ 
lic reefs are properly culled, and that all the provisions of this 
act relative to public reefs are enforced. Said reef warden shall 
be a man thoroughly familiar with the catching and handling 
of oysters, a bona fide citizen of the State of Alabama residing 
on the coast, and his application shall be accompanied by a pe¬ 
tition signed by not less than one hundred citizens of Alabama 
directly interested in the oyster industry, unless by reason of 
the number of applicants no one shall be able to secure so many 
signatures, in which event the Governor shall appoint such one 
as he shall consider most competent. The compensation of the 
said warden shall be one hundred and twenty-five dollars per 
month, payable monthly on warrant issued by the State audi¬ 
tor out of the funds collected under this act. His term of office 
shall be four years and until his successor is appointed, and he 
may be removed at the pleasure of the Governor. Said warden 
shall enter into bond in the penal sum of one thousand dollars 
payable to the State of Alabama, providing that he shall faith¬ 
fully perform his duties and be responsible to all parties suf¬ 
fering injuries through the commission by him of any wrongful 
act under the color of his office, which shall be filed with and 
approved by the secretary of State. He shall also before enter¬ 
ing upon his duties take an oath to faithfully discharge the du¬ 
ties of the office upon which he is about to enter, which shall 
likewise be filed with the secretary of State. He shall provide 
and maintain at his own expense a power boat and shall visit 
the public reefs daily during the open season, weather permit¬ 
ting. He shall be authorized to employ and discharge an as¬ 
sistant inspector who shall receive a salary of fifty dollars per 
month during the open season, payable in the same manner as 
that of the chief inspector. Said chief and deputy inspectors 
shall have the powers and authority of deputy sheriffs, and it 
shall be their duty to arrest and prosecute all persons violating 
any of the provisions of this act; and it shall be the duty of the 
solicitor of the county in which such prosecution is maintained 
to conduct such prosecution. Said chief inspector shall make 
to the secretary of State a monthly report showing all licenses 



148 


issued and moneys collected by him during the preceding 
month remitting same to the secretary of State, and he shall re¬ 
port the number of visitations to the reefs, and generally all the 
duties performed by him during the month. 

Sec. 5. Be it f urther enacted , That no one shall catch oys¬ 
ters from the public reefs who has not been a bona fide resident 
citizen of the State of Alabama for twelve months next prior to 
such time. 

Sec. 6. Be it further enacted, That dredging shall not be 
permitted upon the public reefs of this State. All oysters must 
be taken therefrom by oyster tongs manipulated by hand. Oys¬ 
ters taken from the public reefs for shucking or for market shall 
be not less than two and a half inches from hinge to mouth, and 
not less than two inches wide. Oysters taken from the public 
reefs shall be culled thereon, and the small oysters and dead 
shells returned thereto, except such as may be lawfully used 
for planting purposes and this must be done in such manner 
that the oysters so returned will not be piled so thickly as to 
smother or destroy those underneath. 

Sec. 7. Be it further enacted, That the closed season for 
taking oysters from the public reefs shall be June first to Sep¬ 
tember first, during which time no oysters shall be taken there¬ 
from, and it shall be the duty of the solicitor to obtain informa¬ 
tion of, and submit to the grand jury, any violation of this 
clause, and said grand jury shall indict should the evidence jus¬ 
tify it. 

Sec. 8. Be it further enacted, That a standard measure 
for oysters is hereby established, which said measure shall con¬ 
sist of a tub or other round vessel of the following dimensions, 
to-wit. it shall measure seventeen inches in diameter inside at 
the bottom and twenty-one and a half inches in diameter inside 
at the top, and fourteen and a half inches inside from bottom to 
top, or a box containing the equivalent number of cubic inches 
or a box (20x20x12.61) twenty inch by twenty inch by twelve 
and sixty-one one-hundredths of an inch. Two of these measures 
filled to the top shall make one barrel, and all oysters bought 
and sold m this State in the shell shall be measured in a measure 
ol these dimensions, or a measure holding a fraction or multiple 
thereof, and it shall be unlawful for any person to have in his 
possession any measure for oysters in the shell which shall differ 
inside from the measure herein provided for, or demand or re¬ 
quire a greater or less measure in buying or selling; and no 
vessel or measure shall be used in buying or selling oysters 
until it has been measured and stamped by the oyster inspector. 



149 


It shall be the duty of the oyster inspector to measure such 
measures and to visit for that purpose each place where oysters 
are bought and sold, and he shall keep a book in which shall be 
recorded the dimensions of all measures so measured. 

Sec. 9. Be it further enacted, That the Secretary of State 
shall be allowed the sum of one dollar for each lease issued un¬ 
der the provisions of this act, to be paid out of the funds collect¬ 
ed hereunder. 

Sec. 10. Be it f urther enacted, That the violation of any 
section of this law shall constitute a misdemeanor punishable by 
a fine of not over five hundred dollars to which may be added 
imprisonment for not more than six months. All laws and 
parts of laws in conflict with the provisions of this act are here¬ 
by repealed. This act shall be liberally construed, and should 
any section thereof be unconstitutional, it shall not affect the 
remainder of said act. 

Sec. 11. Be it further enacted, That the acts of April 18, 
1911, and August 27, 1909, providing for the creation of the 
“Alabama Oyster Commission be and the same are hereby re¬ 
pealed. 

Sec. 12. Be it further enacted, That it shall be the duty of 
the solicitor of Mobile county to institute in the name of the 
State of Alabama any necessary proceedings, to collect any 
sums due said commission, and out of the amounts so collected 
or realized from any property belonging to the commission any 
debts due by said commission shall be paid should the amount 
be sufficient for that purpose. 

Sec. 13. Be it further enacted , That all funds collected from 
any source under the provisions of this act shall be paid into 
the treasury and kept as a separate fund to be known as the 
oyster fund, out of which shall be paid the expenses provided 
for under the terms of this act. 

Sec. 14. Be it further enacted , That when an oyster can¬ 
ning factory or factories shall be in operation in Alabama pay¬ 
ing not less than forty cents per barrel for oysters delivered at 
the factory, or factories, no oysters in the shell shall be shipped 
out of the State except in barrels. Unless such factory or fac¬ 
tories shall fail to take same within four hours after they are 
offered. 

Sec. 15. Be it further enacted , That it shall be unlawful to 
remove oysters from the public reefs for planting purposes ex¬ 
cept during the month of September and from March fifteenth 
to May fifteenth, or to buy or to sell oysters not properly culled. 



150 


Sec. 16. Be it further enacted, That all parties catching or 
freighting oysters from the public reefs or private bedding 
grounds of this State shall pay an annual license for such priv¬ 
ilege as follows: on all vessels of five tons or more, one dollar 
per net ton. 

Sec. 17. Be it f urther enacted, That the secretary of State 
shall be authorized to expend such moneys as he may deem ad¬ 
visable out of the oyster fund for the necessary expenses under 
this act, and for the conservation and benefit of the oyster beds 
and industry. 

Sec. 18. Be it f urther enacted, That no captain or person in 
charge of any vessel shall have oysters in his or her possession, 
or offer for sale, in this State, oysters taken from the public 
oyster reefs or private bedding grounds which contain more 
than seven per cent of shells and small oysters, and in order 
that the inspector may arrive at the percentage of unculled oys¬ 
ters he shall cause to be culled, according to law, every tenth 
barrel in the cargo, if he deems it necessary; if the cargo, upon 
this basis of percentage, prove unculled, in violation of the law, 
the inspector shall condemn said cargo, cause the same to be 
reculled and the young oysters and dead shells to be taken to 
some place designated by the inspector, and shall proceed 
against said offender as the law directs for such offenses. 

Sec. 19. Be it further enacted, That all oysters taken from 
the public reefs of the waters of this State shall be culled upon 
their natural beds or bars as taken, and all young oysters meas¬ 
uring less than two and one-half inches from hinge to mouth 
and not less than two inches wide; and all dead shells, shall be 
returned to the bed or bar from which taken, and it shall be un¬ 
lawful for any person to remove from public reefs or beds, 
where taken, any oysters without immediately culling the same 
and returning all dead shells and young oysters to the same 
reefs from which taken, or other public reef. Provided, nothing 
herein shall prohibit the removal of seed oysters from the pub¬ 
lic reefs without requiring the same to be culled. But all seed 
oysters so removed shall be replanted. 

Sec. 20. Be it f urther enacted, That a natural oyster reef is 
hereby declared and defined as not less than one acre in contin¬ 
uous area of any bottoms of any bay, sound, bayou, creek, inlet, 
or any other body of salt or brackish water on which oysters 
grow naturally or have grown naturally in quantity sufficient 
to warrant fishing for them with hand tongs as a means of live¬ 
lihood within a period of five years next preceding the time at 
which said matter may be presented for consideration and de- 



151 


termination by the inspector. The inspector shall be in all cases 
the judge as to the facts in the declaring or determining what 
is a natural bed or reef. Should any leased riparian bottoms be 
subsequently determined to be natural oyster reefs, said lease 
or leases shall be cancelled by the inspector, and from the rul¬ 
ing of the inspector so cancelling such lease or affecting the 
riparian rights, any person aggrieved may prosecute an appeal 
to the circuit court or court of like jurisdiction of the county m 
which the alleged natural reef is situated. 

Sec. 21. Be it further enacted, That one-fourth of the shells 
of all oysters taken from the public reefs of this State and used 
by canning factories shall be set apart at the place where same 
are opened, subject to the order of the inspector, to be used by 
him when desirable for the improvement of the oyster bottoms. 

Sec. 22. Be it further enacted, That this act shall take ef¬ 
fect upon its passage. 

Sec. 23. Be it further enacted, That any person, or persons, 
indebted to the State of Alabama, or to the Alabama.oyster 
commission, for the lease of oyster bottoms in the State of Ala- 
bama shall forfeit said lease if all such indebtedness to said 
State, or to said Alabama oyster commission, is not liquidated 
within a period of twelve months subsequent to the passage of 
this act. It shall be the duty of the chief inspector to collect 
such indebtedness and deposit same, through the secretary of 
State, to the credit of the aforesaid oyster fund. 

Sec. 24. Be it further enacted, That, any moneys accruing 
or accumulating in the said oyster fund in excess of the amount 
necessary to conserve the oysters of Alabama and to success¬ 
fully enforce the provisions of this act shall, at the discretion of 
the secretary of State, be transferred from said oyster fund to 
the general fund of the State of Alabama. 

Approved February 25, 1915. 


No. 119.) 


AN ACT 


(S. 182—Lee. 


To prohibit the employment of public school teachers of less than seventeen 
years of age and to provide for the education of pupils of any school 
having less than ten pupils. 


Be it enacted by the Legislature of Alabama: 


1. That on and after October 1st, 1915, no person shall be 
employed as a teacher in any public school in the State, who is 



152 


?m K a V east seventeen y ears of age; and after December 1st, 
iyi5, if the attendance in any school shall fall below ten, then 
the county board of education is authorized to make the best 
arrangements it can for the education of those children 
Approved February 20, 1915. 


No. 122.) 


AN ACT 


(H. 301—Rogers, Sumter. 


To amend section 6934 of the Code of Alabama, and to. prescribe a rule of 
evidence m prosecutions thereunder, and to require the posting of a 
opy ot this act as a condition precedent to conviction, and to prescribe 
the time when this act shall go into effect. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 6934 of the Code of Alabama be 
amended so as to read as follows: Any person who, by fraud 
or misrepresentation, or with the intent to deceive or defraud, 
obtains food or lodging, or other accommodation from the land- 
oid, owner, proprietor or keeper of any hotel, inn, boarding 
house or eating house, and fails or refuses to pay for the same, 
must, on conviction, be fined not m'ore than five hundred dol¬ 
lars, and may also be sentenced to hard labor for the county for 
not longer than six months. 

Sec. 2. Proof that food, lodging or other accommodation 
was obtained by false pretense, or by false or fictitious show or 
pretense of any baggage or other property, by such person ob¬ 
taining such food, lodging or other accommodation; or, that 
such person absconded or left the State without paying, or of- 
tenng to pay for such food, lodging or other accommodation; 
or, that such person gave in payment, or in part payment for 
such rood, lodging or other accommodation, any check or draft 
on which check or draft, payment was refused on due presenta¬ 
tion; or, that such person surreptitiously removed, or attempt¬ 
ed to remove from such hotel, inn, boarding house, or eating 
house, the baggage or other property brought with him thereto, 
without having paid or offered to pay for such food, lodging or 
other accommodation so furnished him, shall be prima facie 
evidence of the fraud or misrepresentation, or intent to deceive 
or defraud mentioned m the first section of this act: Provided 
that no person shall be convicted under the provision of this act 

Sf!!? A h T ? aS ! an ex P ress agreement to delay payment 
o such food, lodging or other accommodation until a date 



153 


after such person terminates his relation as a guest at such 
hotel, inn, or boarding house or eating house. 

Sec. 3. That it shall be the duty of every hotel keeper, inn¬ 
keeper, boarding house keeper and eating house keeper in this 
State to keep a copy of this act, printed in distinct type, posted 
in the lobby, public waiting room, or in that portion of his 
hotel, inn, boarding house or eating house most frequented by 
the guests thereof, and no conviction shall be had under the 
provisions of this act until it shall have been made to appear 
that a copy of this act was posted as above provided in the ho¬ 
tel, inn, boarding house or eating house, the owner or keeper of 
which claims to have been defrauded, at the time such food, 
lodging or other accommodation was obtained. 

Sec. 4. That this act shall take effect thirty days after its 
approval. 

Approved February 18, 1915. 


No. 125.) (H. 468—Carmichael, Colbert. 

AN ACT 

To make appropriations for the ordinary expenses for the executive, legis¬ 
lative and judicial departments of the State, and for the interest on the 
public debt. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the following sums of money, or so much 
of each sum as may be necessary be and the same are hereby 
appropriated for the purposes hereinafter specified, to be paid 
out of any money in the State treasury, not otherwise appro¬ 
priated, for the period beginning February 1st, 1915, and end¬ 
ing on the thirtieth day of September, 1915. (1) For the com¬ 

pensation of the Governor, five thousand dollars. (2) For com¬ 
pensation of the private secretary to the Governor, two thou¬ 
sand dollars. (3) For compensation of a recording secretary 
to the Governor, one thousand dollars. (4) For compensation 
of a filing clerk to the Governor, one thousand dollars. (5) 
For compensation of a stenographer and messenger in the ex¬ 
ecutive office, six hundred dollars. (6) For compensation of 
the secretary of State, two thousand dollars. (7) For compen¬ 
sation of chief clerk in the secretary of State’s office, twelve 
hundred dollars. (8) For compensation of the stenog¬ 
rapher in the secretary of State’s office, five hundred 



154 


dollars. (9) For compensation of the State auditor, two 
thousand dollars. (10) For compensation of the chief clerk 
and warrant clerk in the State auditor’s office, twelve hun¬ 
dred dollars each. (11) For compensation of the general 
bookkeeper and the land clerk in the State auditor’s 
office, one thousand dollars each. (12) For compensation 
of the filing clerk in the State auditor’s office, eight 
hundred dollars. (13) For compensation of the pension 
clerk in the State auditor’s office, eight hundred dollars. (14) 
For compensation of the stenographer in the State auditor’s 
office, five hundred dollars. (15) For compensation of the State 
treasurer, two thousand dollars. (16) For compensation of the 
chief clerk in the State treasurer’s office, twelve hundred dol¬ 
lars. (17) For compensation of two assistant clerks in the 
State treasurer’s office, one thousand dollars each, and for the 
compensation of the third assistant clerk in the treasurer’s 
office, eight hundred dollars. (18) For compensation of the 
stenographer in the State treasurer’s office, five hundred dol¬ 
lars. (19) For compensation of the attorney general, two 
thousand dollars. (20) For compensation of the first assistant 
attorney general, twelve hundred dollars. (21) For compensa¬ 
tion of the second assistant attorney general, one thousand dol¬ 
lars. (22) For compensation of the stenographer in the attor¬ 
ney general’s office, five hundred dollars. (23) For compensa¬ 
tion of the superintendent of education, two thousand dollars. 
(24) For compensation of the chief clerk in the superintendent 
of education’s office, twelve hundred dollars. (25) For com¬ 
pensation of two additional clerks in the superintendent of ed¬ 
ucation’s office, one thousand dollars each. (26) For compen¬ 
sation of the stenographer in the superintendent of education’s 
office, five hundred dollars. (27) For compensation of four 
servants in the executive offices, two hundred and eighty dol¬ 
lars each. (28) For compensation of four watchmen at the 
capitol, six hundred dollars each. (29) For compensation of 
the chief justice and six associate justices of the Supreme 
Court, thirty-three hundred, thirty-three and 33/100 dol¬ 
lars each. (30) For compensation of the marshal and libra¬ 
rian of the Supreme Court, one thousand three hundred and 
thirty-three and 33/100 dollars. (31) For compensation of the 
assistant librarian to the Supreme Court, six hundred and six¬ 
ty-six and 66/100 dollars. (32) For compensation of one ser¬ 
vant to the Supreme Court, three hundred and twenty dollars. 
(33) For compensation of two secretaries of the Supreme 
Court, twelve hundred dollars each. (34) For compensation 



155 


of the reporter of the Supreme Court decisions, nine hundred 
dollars ($900.00) for each volume reported and published. (35) 
For compensation of the stenographer to the Supreme Court 
reporter, five hundred dollars. (36) For compensation of the 
presiding judge and two associate justices of the court of ap¬ 
peals, three thousand, three hundred and thirty-three and 
33/100 dollars each. (37) For compensation of the clerk of the 
court of appeals, sixteen hundred and thirty-six and 67/100 
dollars. (38) For compensation of the secretary of the court 
of appeals, eleven hundred dollars. (39) For compensation of 
seventeen circuit judges, two thousand dollars each. (40) For 
compensation of one supernumerary judge, two thousand six 
hundred and sixty-six and 66/100 dollars. (41) For compen¬ 
sation of five chancellors, two thousand one hundred and thirty- 
three and 33/100 dollars each. (42) For compensation of five 
judges of law and equity courts, one thousand six hundred and 
sixtv-six and 66/100 dollars each. (43) For compensation of 
two judges of law and equity courts, two thousand dollars each. 
(44) For compensation of one judge of law and equity court, 
twelve hundred dollars. (45) For compensation of one judge 
of law and equity court, twelve hundred dollars. (46) For 
compensation of sixteen judges of the city court as follows: 
Thirteen at two thousand dollars each; (one at eighteen hun¬ 
dred and thirty-three and 33/100 dollars) ; one at eighteen hun¬ 
dred dollars; one at sixteen hundred dollars. (47) For com¬ 
pensation of fifteen circuit solicitors at sixteen hundred dollars 
each. (48) For compensation of two county solicitors as fol¬ 
lows : one for Calhoun county, one thousand three hundred and 
thirty-three 33/100 dollars. * One for Lee county, twelve hun¬ 
dred dollars. (49) For compensation of chief mine inspector, 
two thousand dollars. (50) For compensation of six associate 
mine inspectors, one thousand three hundred and thirty-three 
and 33/100 dollars each. (51) For expense of mine inspectors, 
six thousand six hundred and sixty-six and 66/100 dollars. (52) 
For compensation of the director of archives and history de¬ 
partment, two thousand dollars. (53) For compensation of one 
stenographer in the department of archives and history, five 
hundred dollars. (54) For compensation of the commissioner 
of agriculture and industries, two thousand dollars. (55) For 
compensation of the chief clerk in the department of agricul¬ 
ture and industries, twelve hundred dollars. (56) For com¬ 
pensation of the assistant clerk in the department of agricul¬ 
ture and industries, one thousand dollars. (57) For compensa¬ 
tion of one stenographer for the department of agriculture and 



156 


industries, five hundred dollars. (58) For compensation of the 
adjutant general, one thousand three hundred and thirty-three 
and 33/100 dollars. (59) For compensation of one clerk in the 
adjutant general’s office, eight hundred dollars. (60) For com¬ 
pensation of inspector of jails, almshouses, etc., twenty-six 
hundred and sixty-six and 66/100 dollars. (61) For compen¬ 
sation of the chief clerk to the inspector of jails, almshouses, 
etc; twelve hundred dollars. (62) For compensation of two 
deputy inspectors to the inspector of jails, etc., one thousand 
dollars each. (63) For compensation of the stenographer to 
the inspector of jails, almshouses, etc., five hundred dollars. 
(64) For compensation of one clerk to the State board of 
health, eight hundred dollars. (65) For compensation of the 
clerk of the Supreme court, two thousand four hundred dollars. 
(66) For compensation of one assistant clerk to clerk of Su¬ 
preme Court, twelve hundred dollars. (67) For compensation 
of one stenographer to clerk of the Supreme Court, five hun¬ 
dred dollars. (68) For compensation of the president of the 
railroad commission, two thousand three hundred and thirty- 
three and 33/100 dollars. (69) For compensation of two asso¬ 
ciate railroad commissioners, two thousand dollars each. (70) 
For compensation of one secretary to the railroad commission, 
sixteen hundred dollars. (71) For compensation of one ste¬ 
nographer to the railroad commission, eight hundred dollars. 
(72) For compensation of expert help for railroad commission, 
two thousand dollars. (73) For expenses of the railroad com¬ 
mission^ seven hundred and fifty dollars. (74) For postage, 
post office box rent for the executive and Supreme Court of¬ 
fices, three thousand three hundred and thirty-three dollars. 
(75) For insurance on the capitol building, furniture therein 
and the library, two thousand dollars, to be expended only on 
the approval of the Governor. (76) For arrest of absconding 
felons, two thousand dollars. (77) For the removal of prison¬ 
ers, four thousand dollars. (78) For compensation of the su¬ 
perintendent of State banks, twenty-four hundred dollars. (79) 
For compensation of two bank examiners, twelve hundred dol¬ 
lars each. (80) For compensation of office assistant to superin¬ 
tendent of banks, six hundred and sixty-six 66/100 dollars. (81) 
For interest on temporary loans of three hundred thousand dol¬ 
lars, to be disbursed on the order of the Governor, eighteen 
thousand dollars. (88) For distributing acts and journals of 
the Legislature of 1915 ; and other public documents for the 
years ending September 30th, 1914 and 1915, one thousand dol¬ 
lars. (83) For interest on the agricultural and mechanical col- 



157 


lege bonds, ten thousand one hundred and forty dollars. (84) 
For interest on the bonded debt of the State, one hundred and 
eighty thousand dollars. (85) For compensation of the secre¬ 
tary of the Senate and clerk of the House of Representatives, 
filing and arranging papers of the respective houses in the sec¬ 
retary of State’s office, and for copying and indexing the jour¬ 
nals of the respective houses, four hundred and fifty dollars 
each. (86) For compensation of the secretary of State for pre¬ 
paring copies of the acts for the public printer and notes there¬ 
of for the same, ten cents for each hundred words. (87) For 
interest on the fund arising on the sale of lands of the Alabama 
Girls Technical Institute, fifteen thousand dollars. (88) For 
the incidental expenses of the director of the department of 
archives and history to be used in the promotion and develop¬ 
ment of the department, and the purchase or acquisition of pa¬ 
pers, books and material necessary for the conduct and devel¬ 
opment of the bureau of legislative information, the sum of two 
thousand dollars. (89) For the use of the contingent fund of 
the Governor in and about the payment of interest on State 
warrants and for the purpose of making such financial arrange¬ 
ments as may be necessary to protect the credit of the State, the 
sum of one hundred thousand dollars, or such part thereof as 
may be needed for the purpose mentioned. 

Sec. 2. That there is hereby appropriated for the purposes 
hereinafter specified, to be paid out of any money in the State 
treasury, not otherwise appropriated for the period beginning 
October 1st, 1914, and ending on the 30th day of September, 
1915, (1) For stationery for the executive and Supreme Court 
offices, ten thousand dollars. (2) For fuel, lights and water 
used in the capitol, three thousand dollars. (3) For public 
printing and binding, including the reports of the heads of the 
departments, of Supreme Court decisions, acts and journals of 
the Legislature, advertisements and proclamations, done in pur¬ 
suance of the law, fifty thousand dollars. (4) For feeding pris¬ 
oners in county jails, one hundred and eighty thousand dollars. 
(5) For repairing and refurnishing the capitol and grounds, 
five thousand dollars. 

Approved February 19, 1915. 



158 


No. 127.) (H. 644—Stewart. 

AN ACT 

To make an appropriation of two thousand dollars ($2,000.00) for necessary 
repairs and permanent improvements on the Governor’s mansion and 
furnishings, the property of the State, for the purchase of necessary 
additional furnishings therefor, and to provide for the disbursement of 
such appropriation, and to repeal section 5 of the act approved Febru¬ 
ary 11, 1911, entitled, an act to make an appropriation for the purchase 
of a residence for the Governor of Alabama, and grounds and furnish¬ 
ings therefor, and for the acquisition by condemnation or purchase of 
any real estate necessary, or beneficial for such purpose, to provide a 
building commission for such purpose, and to make an annual appropri¬ 
ation for the maintenance of such residence. 

Be it enacted by the Legislature of Alabama: 

1. That the sum of two thousand dollars ($2,000) be and 
the same is hereby appropriated out of any unappropriated 
funds in the State treasury, for necessary repairs and perma¬ 
nent improvements on the Governor’s mansion and furnish¬ 
ings, the property of the State, and for the purchase of neces¬ 
sary additional furnishings; and the State auditor is hereby 
authorized and required to draw his warrant, from time to time, 
for all or any part of said sum on the requisition of the Gov¬ 
ernor of the State, accompanied by statement, for work done 
and materials, furniture and labor supplied as hereinabove pro¬ 
vided. 

2. That section 5 of the act, approved February 11, 1.911, 
entitled, an act, to make an appropriation for the purchase of a 
residence for the Governor of Alabama, and grounds and fur¬ 
nishings therefor, and for the acquisition by condemnation, or 
purchase of any real estate necessary, or beneficial for such 
purpose, to provide a building commission for such purpose, 
and to make an annual appropriation for the maintenance of 
such residence, be and the same is hereby repealed. 

Approved February 20, 1915. 


No. 145.) (H. 205—Scott 

AN ACT 

To make an appropriation for maintenance of the Industrial Reform School 
for White Boys. 

Be it enacted by the Legislature of Alabama: 

1. That the sum of one hundred and fifty dollars a year for 
every boy in the Alabama Industrial Reform School for White 



159 


Boys is hereby appropriated annually hereafter out of any 
money in the State treasury for the support of the Alabama 
Industrial School for White Boys. 

2. That on the first day of every quarter, or as soon there¬ 
after as practicable, the superintendent of the school shall make 
up a statement showing the number of boys who were in the 
school during any part of the preceding quarter, and shall 
swear to it and state in the affidavit the name of the treasurer 
of the school, and upon filing such affidavit with the State audi¬ 
tor he shall draw his warrant on the treasurer for the full 
amount shown to be due for the preceding quarter, which war¬ 
rant shall be payable to the treasurer of the school. 

Approved March 1st, 1915. 


No. 153.) (H. 535—John. 

AN ACT 

To provide for the prompt publication of the General Acts of the Legislature. 

Be it enacted by the Legislature of Alabama: 

1. That immediately after every general act has been ap¬ 
proved by the Governor, and delivered to the secretary of State, 
the latter shall have it correctly transcribed, and the copy 
placed in the hands of the public printer, who must as soon as 
practicable print twelve hundred and fifty (1,250) copies in ac¬ 
cordance with section three (3) hereinafter, of which the secre¬ 
tary of State must distribute two (2) to every member and offi¬ 
cer of the Legislature, and to every State officer having an office 
in the capitol; twenty-five (25) copies to the Supreme Court 
Library; two hundred and fifty (250) copies to the Department 
of Archives and History; and shall mail one copy to every judge 
and to every clerk of a court of record in this State, one (1) copy 
to every solicitor, or assistant or deputy solicitor, and one (1) 
copy to every sheriff and county officer in this State. 

2. That acts required to be printed hereby must be printed 
on good white paper, to be approved by the Governor, of octavo 
form, twenty-six (26) ems measure in width, eleven (11) point 
type, solid, with not less than forty-six (46) lines to the page, 
but no marginal notes shall be printed adjacent to any act. 

3. That the acts must be printed in the order in which they 
are approved, and each act must be complete in itself, and where 
of more than four (4) pages, must be stitched, stapled or pasted 



160 


oi] the side, so as to make a pamphlet of not less than 6x9 inches 
in size. At the head of each separate act so printed shall be the 
following words in appropriate type and in two lines, namely: 
Alabama General Laws. Regular Session, 1915, followed by the 
act, in connection with the title to which shall be the Governor’s 
number on the left, and the particular House number on the 
right with the name of the author thereof. 

4. The Governor shall see that the public printer prints and 
delivers the acts promptly and if for any cause he cannot print 
them so they may be delivered to the secretary of State within 
three (3) days of the delivery of the copy to the publisher, the 
Governor shall forthwith contract for this printing with some 
publisher who will print and deliver the general acts as fast as 
they are passed. 

5. That in making the contract for the publication of the 
acts of the Legislature, the Governor shall require the printer to 
give bond in such sum as he may direct, conditioned that the 
general acts shall be printed as herein provided and delivered to 
the secretary of State within three (3) days from the receipt pf 
the copy by the printer, and that a volume of the general acts 
shall be printed, bound and delivered to the secretary of State 
within forty (40) days from the adjournment of the session of 
the Legislature, provided that if a recess be taken for a longer 
time than thirty (30) days, that all of the general acts passed 
before the recess, shall be immediately printed, bound and deliv¬ 
ered collected in pamphlet form. 

Approved March 9, 1915. 


No - 155 -) (H. 617—Davis, 

AN ACT 

To provide for altering or amending or extending the charters of incor¬ 
porated medical associations of the State of Alabama, Alabama dental 
associations, Alabama pharmaceutical associations and other corpora¬ 
tions organized similarly to any such corporations, or of a similar kind, 
whether now incorporated or hereafter incorporated. 

Be it enacted by the Legislature of Alabama: 

Section 1. That any incorporated medical association of 
the State of Alabama, Alabama dental association, Alabama 
pharmaceutical association, or other corporation organized 
similarly to any such corporation, or of a similar kind, wheth¬ 
er now or hereafter incorporated, may alter or amend or ex- 



161 


tend its charter, or may do any two or all of these, in the man¬ 
ner following: A written resolution setting out the name of 
the corporation and embodying the proposed alterations, 
amendments or extensions shall be submitted to a lawful an¬ 
nual meeting of the corporation or other lawful meeting of the 
corporation and adopted by a two-thirds vote of those present 
at the meeting and lawfully entitled to vote on business mat¬ 
ters coming before the meeting; and the president, or some 
other executive officer, of the corporation and the secretary 
thereof shall prepare, sign, acknowledge as conveyances are ac¬ 
knowledged and file in the office of the judge of probate of the 
county wherein the original declaration of incorporation was 
filed if the charter was secured in that manner, or, if the char¬ 
ter was granted by act or acts of the Legislature prior to the 
time when the Constitution of 1901 went into effect, in the office 
of the secretary of State a certificate containing a copy of said 
resolution and certifying that it was adopted in the manner 
above provided; and upon the filing of said certificate the char¬ 
ter of the corporation shall stand altered, amended or extended 
as therein shown. 

Sec. 2. Any such alteration, amendment or extension may 
be made by changing or adding to the language of the act or 
acts of incorporation or declaration of incorporation or cer¬ 
tificate of incorporation of the corporation, as the case may be, 
or by changing or adding to the Constitution of the corpora¬ 
tion, or by changing or adding to the language of both or all 
of them. 

Sec. 3. When any such corporation is now or hereafter may 
be charged by law with public or quasi-public functions alter¬ 
ations to or amendments or extensions of its charter, made in 
accordance with the provisions of this act, shall in no manner 
add to, detract from or modify said functions or the rights and 
duties of the corporation in reference thereto; but no such 
alteration, amendment or extension of the charter of any cor¬ 
poration so charged by law shall be made which will interfere 
with the discharge of said functions. 

Approved March 5, 1915. 


6 GA 



162 


No. 160.) (H. 510—Lee. 

AN ACT 

To regulate the business of dealers in farm produce, to fix license for the 
carrying out of said business and to provide for the revocation of this 
license and for the penalty for any violation of this act; to prevent fraud 
in the selling and handling of farm produce, and to provide punishment 
for such fraud; to provide for the collection and disbursement of the 
moneys collected; to establish, increase and encourage markets for the 
sale of farm produce. 

Be it enacted by the Legislature of Alabama: 

Section 1. That before engaging in the business of a whole¬ 
sale dealer of farm produce in this State, every person, firm, 
exchange, association or corporation shall obtain from the com¬ 
missioner of agriculture and industries a license to engage in 
such business, the application for such license shall be in writ¬ 
ing on such blank form as may be required by the commis¬ 
sioner of agriculture and industries. Such application amongst 
other matters shall contain statements of the names, addresses 
and ages of the applicant for the members of such applicants, 
firms and such appropriate statements as may be inquired by 
said commissioner of agriculture and industries, as to the finan¬ 
cial standing of such applicant, the length of time said person 
has been engaged in such business, the character of such farm 
produce as such applicant intends to deal in, location of his 
principal place of business and other branch places of business 
and the names of the officers of applicant, if it be a corporation 
or association. If the commissioner of agriculture approves 
said application, the applicant shall enter into a good and suffi¬ 
cient bond in the sum of $1,000 payable to the commissioner of 
agriculture and industries or his successor in office in order 
that the principal therein named shall honestly conduct said 
business and to pay over to the consignor any goods received 
by him or any proceeds of sales of farm produce sold for the 
account of such person and to otherwise conduct his business 
according to the provisions of law. Said bond shall be filed and 
duly recorded in the office of secretary of State. A copy of said 
bond duly certified by the secretary of State shall be received as 
evidence in all of the courts of this State without other proof. 
Any person having a right of action against any such wholesale 
produce dealer may bring suit against the principal and sure¬ 
ties of said bond; and successive suit of a similar nature and 
character may be brought on said bond until payment thereof 
is obtained. Any such suit shall be governed by the general 



163 


laws of this State. In such case unless said dealer shall execute 
a new bond, it shall be the duty of the commissioner of agricul¬ 
ture and industries to cancel his or its license and give him due 
notice of said fact and thereafter it shall be unlawful for said 
wholesale produce dealer to engage in such business without 
first obtaining a new license. 

Sec. 2. The term wholesale produce dealer as herein used 
shall include persons, firms, exchanges, associations and cor¬ 
porations who buy and sell farm produce at wholesale, includ¬ 
ing brokers, commission merchants and factors. The term farm 
produce shall include all agricultural, horticultural, vegetable, 
and fruit products of the soil, poultry, eggs, dairy products, 
nuts, honey and the like, but shall not include timber products, 
floricultural products, tea, or coffee; the provisions of this act 
shall not apply to transactions in which a person purchasing 
such farm products for purposes other than resale. 

Sec. 3. For any liability which any consignor of farm prod¬ 
uce may have against any wholesale produce dealer, either 
for the price of said farm produce or any balance due thereon 
or for any loss of price in the sale thereof by any reason of any 
false or fraudulent representation made by said "dealer to owner 
or consignor of said produce, the said owner or consignor of the 
same shall have the right of action as hereinbefore provided 
against the said produce dealer and the sureties of said bond. 

Sec. 4. Power of the commissioner of agriculture to inves¬ 
tigate.—The commissioner of agriculture and industries or his 
assistants shall have power to investigate, upon the verified 
complaint of an interested person, also to make an investigation 
irrespective of whether or not a complaint is filed, the record of 
any person, firm, exchange, corporation or association applying 
for a license, or any transaction involving the solicitation, re¬ 
ceipt, sale or attempted sale of farm produce, the failure 
to make proper and true accounts and settlements at prompt 
and regular intervals, the making of false statements as 
to conditions, quality or quantity of goods received or while 
in storage, the making of false statements as to market condi¬ 
tions, with intent to deceive, or the failure to make payment 
for goods received or other alleged injurious transactions; and 
for such purpose may examine at the place of business of the 
licensee, that portion of the ledgers, books of account, memor¬ 
anda or other documents, relating to the transactions involved, 
of any produce merchant, and may take testimony there¬ 
in under oath. When a consignor of farm produce fails to 
obtain satisfactory settlement in any transaction, after having 



164 


notified the consignee, a certified complaint may be filed at the 
expiration of ten days after such notification with the commis¬ 
sioner of agriculture. The commissioner of agriculture shall 
attempt to secure an explanation or adjustment ; failing this, 
within seven days he shall cause a copy thereof, together with 
a notice of the time and place for a hearing on such com¬ 
plaint, to be served personally or by mail upon such produce 
merchant. Such service shall be made at least seven days be¬ 
fore the hearing, which shall be held in the city, village or town¬ 
ship in which is situated the place of business of the licensee. 
At the time and place appointed for such hearing, the commis¬ 
sioner or his assistants shall hear the parties to such complaint, 
shall have power to administer an oath, and shall enter in the 
office of the commissioner of agriculture at Montgomery, Ala¬ 
bama, a decision either dismissing such complaint or specifying 
the facts which he deems established on such hearing, and in 
case such facts are established as cause him to revoke such 
license, he shall bring an action on the bond within six days of 
the filing of such decision. 

Sec. 5. Granting and Revoking Licenses .—The commis¬ 
sioner of agriculture may decline to grant a license or may re¬ 
voke a license already granted where he is satisfied of the exist¬ 
ence of the following cases or any of them: (a) Where a 
money judgment has been entered against such produce mer¬ 
chant and upon which execution has been returned unsatisfied, 
(b) Where false charges have been imposed for handling or 
services rendered, (c) Where there has been a failure to ac¬ 
count promptly and properly or to make settlements, with in¬ 
tent to defraud, (d) Where there have been false statements as 
to conditions, quality or quantity of goods received or held for 
sale when the same might be known on reasonable inspection, 
(e) Where there has been false or misleading statement or 
statements as to market conditions with intent to deceive, (f) 
Where there has been a combination or combinations to fix 
prices, (g) Where the produce merchant directly or indirectly 
purchases the goods for his own account without prior author¬ 
ity therefor or without notifying the consignor thereof, (h) 
Where the produce merchant is in bankruptcy or in insolvency, 
or where the commissioner of agriculture has reason to believe 
that bankruptcy or insolvency may shortly occur, (i) Where 
there has been a continued course of dealing of such a nature as 
to satisfy the commissioner of the inability to properly conduct 
the business of produce merchant or of intent to deceive or de¬ 
fraud shippers. (j) Where a licensee has been guilty of fraud 



165 


or deception in obtaining his license, (k) Where the licensee 
neglects to file a new bond when notified by the commissioner 
that the bond already filed is unsatisfactory. 

Sec. 6. Certiorari to Revietc .—The action of the commis¬ 
sioner of agriculture in refusing to grant a license, or in revok¬ 
ing a license granted under this article, shall be subject to re¬ 
view by a writ of certiorari, and if such proceedings are begun, 
until the final determination of the proceedings and all appeals 
therefrom, the license of such produce merchant shall be deemed 
to be in full force and effect, provided the fee for such, license 
shall have been paid and a bond given as herein required. 

Sec. 7. Report of Sale to Consignor .—Every produce 
merchant, who handles farm produce on commission, shall, 
upon the receipt of farm produce and as he handles and 
disposes of the same, make a record thereof, specifying the 
name and address of the consignor, the date of receipt, the kind 
and the quantity of such produce, the amount of goods sold, the 
date of sale, the price received, the name and address of the per¬ 
son to whom the goods are sold or his license number where the 
same can be secured with reasonable diligence, and the item of 
expense connected therewith: and this record, together with 
payment in settlement for such shipment, shall be mailed to the 
consignor within forty-eight hours after the sale, unless other¬ 
wise agreed. The produce merchant shall retain the fore¬ 
going record for a period of one year and the same shall be 
open to the inspection of the commissioner of agriculture and 
of the consignor or the agents of either of them. The burden of 
proof shall be upon the produce merchant to prove the correct¬ 
ness of his accounting as to any transactions which may be 
questioned, and shall be punished as provided bv section 7622 
of the Code of 1907. 

Sec. 8. Offenses .—Any person, firm, exchange, associa¬ 
tion or corporation, who shall receive or offer to receive, 
sell or offer to sell within this State any kind of farm 
produce without a license except as in this chapter permitted 
and any person who being a produce merchant in farm prod¬ 
uce shall (a) impose false charges for handling or services in 
connection with farm produce, or (b) fails to account for such 
farm produce promptly and properly and to make settlement 
thereof, with intent to defraud, or (c) shall make false or mis¬ 
leading statement or statements as to market conditions with 
intent to deceive, or (d) enter into any combination or combi¬ 
nations to fix prices, or (e) directly or indirectly purchases for 
his or its own account, goods received by him or it upon con- 



166 


signment without prior authority therefor from the consignor, 
or shall fail to promptly notify the consignor of such purchase 
on his or its own account, or (f) any person, consignee or con¬ 
signor handling, shipping or selling farm produce who shall 
make a false statement as to grade, condition, markings, quali¬ 
ty or quantity of goods shipped or packed in any manner, with 
intent to deceive, or (g) shall fail to comply in every respect 
herewith, or (h) shall advertise or hold one’s self out as a prod¬ 
uce merchant in farm produce without a license, shall he guilty 
of a misdemeanor. 

Sec. 9. That the price of said license shall be f 10.00 per 
annum and shall be payable in advance on the 1st day of Jan¬ 
uary of each year and shall be paid to the commissioner of ag¬ 
riculture and industries, and the license for the calendar year 
shall become due and payable thirty days after the approval of 
this act. The license money collected by the commissioner of 
agriculture and industries under this act shall be by him turned 
over to the State treasurer as collected, and the State treasurer 
is hereby required to keep said moneys separate and apart from 
any other money in the State treasury. This money shall be 
paid out only on a certificate or warrant approved by the com¬ 
missioner of agriculture and industries for the purpose of pay¬ 
ing the expenses of enforcing this act and for the other purposes 
provided in section 11 of this act. 

Sec. 10. It shall be unlawful for any person to engage in 
the said produce business in this State as herein defined without 
first taking out and paying for a license as herein provided. 

Sec. 11. The moneys coming into the hands of the commis¬ 
sioner of agriculture and industries under provisions of this act 
after payment of the expenses carrying out the provisions of 
this act, shall be applied by him so far as the same may be nec¬ 
essary for the purpose of establishing, creating, encouraging, 
ascertaining and providing markets for such farm products and 
increasing and encouring the sale of said farm produce to the 
end that the owners and consignors of said farm produce may 
obtain full and fair price therefor and honest and fair treat¬ 
ment in the disposition of the same. 

Sec. 12. Any person violating any provisions of this act 
shall be guilty of a misdemeanor and upon conviction therefor, 
shall be punished as the law provided the punishment for such 
misdemeanors. 

Sec. 13. This act shall take effect immediately, and all laws 
and parts of laws in conflict with the provisions of this act be 
and the same are hereby repealed. 

Approved March 5, 1915. 



167 


No. 166.) (II. 516—-Weaklev. 

AN ACT 

To provide for the maintenance and support of the Alabama Home of Ref¬ 
uge, and to make appropriation therefor. 

Be it enacted by the Legislature of Alabama: 

Section 1. That there is hereby appropriated out of any 
money in the treasury, not otherwise appropriated, for the sup¬ 
port and maintenance of the Alabama Home of Refuge, the sum 
of one hundred and fifty dollars per year for each inmate in 
said home, said appropriation to begin on the first clav of Jan¬ 
uary, 1915. 

Sec. 2. That the State auditor be and he is hereby author¬ 
ized and directed to draw his warrant on the State treasurer in 
favor of the treasurer of the Alabama Home of Refuge quar¬ 
terly, for the payment of the amount hereby appropriated, and 
that the treasurer, or other officer of said home, shall make an 
affidavit at the beginning of each quarter showing the number 
of inmates in said home on that date, and the number so ascer¬ 
tained shall be the basis upon which the appropriation herein 
made shall be calculated and paid. 

Approved March 1st, 1915. 


No * 167 0 (H. 136—Moore. 

AN ACT 

T° provide for the drainage of farm, wet, swamp and overflow lands in the 
fetate of Alabama, to authorize the organization of drainage districts, 
to confer the right of eminent domain to the extent necessary to carry 
out the purposes of this act, and to provide for raising the revenue by 
bond issue or otherwise, to pay the costs and expenses of installing and 
maintaining drainage systems, so as to promote the public health and 
general welfare. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the court of probate of any county of the 
State of Alabama shall have jurisdiction, power and authority 
to establish a levee or drainage district or districts in its coun¬ 
ty and to locate and establish levees, drains, or canals, and 
cause to be constructed, straightened, widened, or deepened, 
any ditch, drain, or watercourse, and to build levees or embank¬ 
ments and erect tide gates, flood gates, and pumping plants for 



168 


the purpose of draining and reclaiming wet, swamp or over¬ 
flowed lands, and it is hereby declared that the drainage of sur¬ 
face water from agricultural lands and the reclamation of wet 
lands, swamp lands, overflowed lands, and tidal marshes shall 
be considered a public benefit and conducive to the public 
health, convenience, utility, and welfare. 

Sec. 2. Whenever a petition praying for the organization 
of a drainage district, signed by a majority of the landowners 
in a proposed district, or by the owners of more than half the 
land in acreage which will be affected by or assessed for the 
expense of the proposed improvements, shall be filed with the 
court of probate of any county in which a part of said lands 
are located, setting forth that any specific body or district of 
land in the county, or county and adjoining counties, describ¬ 
ed in such a way as to convey an intelligent idea as to location 
of such land, is subject to overflow or too wet for cultivation, 
and the public benefit or utility, or the public health, conven¬ 
ience or welfare will be promoted by drainage, ditching or levee¬ 
ing the same, or by changing or improving the natural water¬ 
courses, or by the installation of tile systems, and there is filed 
with said petition, or at any time subsequent thereto and prior 
to the time of hearing on said petition, a bond with security ap¬ 
proved by the court, sufficient to pay all expenses connected 
with the proceedings in case the court refuses to organize the 
district, or said petition is accompanied by articles of associa¬ 
tion signed by all the petitioners, said articles stating that the 
parties whose names are subscribed thereto are owners of or 
control and represent real estate within said proposed district 
and that they are willing to and do hereby obligate themselves 
to pay such assessments within thirty days as may be made by 
the court of probate against their respective lands in payment 
of all expenses incurred as the work progresses before a perma¬ 
nent organization is effected, or in payment of all preliminary 
expenses in case the court does not grant the prayer of said pe¬ 
titioners, it shall be the duty of the court of probate to issue 
a summons to be served upon all the defendant landowners who 
have not joined in the petition and whose lands are included in 
the proposed district. Assessments made by the court to pro¬ 
vide funds for the payment of preliminary expenses shall be 
made in such proportion as the lands of each signer bear to the 
total acreage of all the signers of the articles of association, 
and such assessments shall constitute a lien, to which only the 
lien of the State for general State, county, city, village, school 
and road taxes shall be paramount upon all lands and other 



169 


property against which such assessments shall be made. In 
case a permanent organization is effected, all moneys advanc¬ 
ed in payment of preliminary expenses shall become a charge 
against the permanent organization and shall be refunded out 
of the funds raised by the first assessment as subsequently pro¬ 
vided for herein. Upon the return day said court of probate 
shall appoint a disinterested and experienced civil and drain- 
age engineer to examine the lands described in the petition and 
make a preliminary report thereon. The rate of compensation 
for the services of such engineer and his necessary assistants 
shall be determined by the court and be paid from the fund^ 
raised by assessment of the signers of the articles of association 
or from the bond. 

Sec. 3. If at the time of the filing of the petition, or at any. 
time subsequent thereto, it shall be made to appear to the 
court by affidavit or otherwise that the owner or owners of 
the whole or any share of any tract or tracts of land, whose 
names are unknown, and cannot after due diligence be ascer¬ 
tained by the petitioners, the court shall order a notice in the 
nature of a summons to be given to all such persons by a publi¬ 
cation of the petition, or of the substance thereof, and describ- 
ing generally the tract or tracts of land as to which the owner 
or owners are unknown, with the order of the court thereon, in 
some newspaper published in the county wherein the land is 
located, or in some other county, if no newspaper shall be pub¬ 
lished in the first-named county, which newspaper or news¬ 
papers shall be designated in the order of the court, and a copy 
of such publication shall also be posted in at least five conspi¬ 
cuous places within the boundaries of the proposed district, 
and at the courthouse door of the county. Such publication in 
a newspaper and by posting shall be made for a period of three 
weeks. After the time of publication shall have expired, if no 
person claiming and asserting title to the tract or tracts of 
land and entitled to notice shall appear, the court in its dis¬ 
cretion may appoint some disinterested person to represent the 
unknown owner or owners of said lands, and thereupon the 
court shall assume jurisdiction of the said tract or tracts of 
land and shall adjudicate as to the said lands to the same ex¬ 
tent as if the true owners were present and represented, and 
shall proceed against the land itself. If at any time during the 
pendency of the drainage proceeding the true owner or owners 
of the lands shall appear in person, they may be made parties 
defendant of their own motion and without the necessity of 
personal service, and shall thereafter be considered as parties 



170 


to the proceeding, but they shall have no right to except to or 
appeal from any order or judgment theretofore rendered, as to 
which the time for filing exceptions on notice shall have ex¬ 
pired. 

Sec. 4. In case of a district lying in more than one county 
the probate judge of each of the counties having land in the 
district shall sit as a court in the courthouse where the original 
petition was filed to make the findings required by the court of 
probate under this act. A majority of said judges shall be nec¬ 
essary to render a decision. In case of a tie said matters shall 
be forthwith certified to the circuit court or court of like ju¬ 
risdiction and said court shall hear and determine said matter 
as an advanced case in preference to all other business. 

Sec. 5. Upon receipt of appointment by the court the en¬ 
gineers shall proceed forthwith to make a survey and ascertain 
the region which will be benefited by the proposed improve¬ 
ment, prepare a map or maps, showing the approximate loca¬ 
tion of the proposed improvements, determine as closely as 
practicable the probable character, size and cost of the same, 
and shall file a preliminary report with the court setting forth: 
(1) Whether the proposed drainage is practicable or not. (2) 
Whether the proposed improvements will benefit the land in 
question sufficiently to warrant the probable expenditure and 
the approximate area so benefited. (3) Whether or not all of 
the land benefited is included in the proposed district. (4) 
Whether it will benefit the public health or any public high¬ 
way or be conducive to the general welfare of the community. 
The report shall also include the maps showing the approxi¬ 
mate location of the proposed improvements, the approximate 
fall per mile of all ditch, drain or levee lines and an estimate of 
cost of the proposed work with such other information as may 
be necessary to make the report clear. 

Sec. 6. The court of probate shall consider this report. If 
the engineer reports that the drainage is not practicable or that 
it will not benefit the public health or any public highway or 
be conducive to the general welfare of the community, and the 
court shall approve such findings, the petition shall be dis¬ 
missed at the cost of the petitioners. Such petition or pro¬ 
ceeding may again be instituted by the same or additional 
landowners at any time six months after the dismissal of the 
petition upon proper allegations that conditions have changed 
or that material facts were omitted or overlooked. If the en¬ 
gineer reports that the drainage is practicable and that it will 
benefit the public health or any public highway, or be condu- 



171 


cive to the general welfare of the community and the court 
shall so find, then the said court shall fix a day when the re¬ 
port shall be further heard and considered. 

Sec. 7. If the petition is entertained by the aforesaid court, 
notice shall be given by publication as defined in this act, that 
ota the date set, naming the day, the said court will consider 
and pass upon the report of the engineer. 

Sec. 8. Any owner of real property in said proposed dis¬ 
trict who wishes to object to the organization and incorpora¬ 
tion of said district shall, on or before the date set for the cause 
to he heard, file his objection why such district should not be 
organized and incorporated. On the date appointed for the 
hearing the court of probate shall hear and determine any ob¬ 
jections that may be offered to the report of the engineer. If 
it appears that there is any land within the pi’oposed levee or 
drainage district that will not be affected by the leveeing or 
drainage thereof such land shall be excluded and the names of 
the owners withdrawn from such proceeding; and if it shall be 
shown that there is any land not within the proposed district 
that will be affected by the constructing of the proposed levee 
or drain, the boundary of the district shall be so changed as to 
include such land, and such additional landowners shall be 
made parties plaintiff or defendant, respectively, and summons 
shall issue accordingly as hereinbefore provided. After such 
change in the boundary is made, the sufficiency of the petition 
shall be verified, to determine whether or not it conforms to the 
requirements of the statute as provided in section 2. Any per¬ 
son whose land are affected, may, at this stage of the proceed¬ 
ings, sign the petition so as to render same sufficient. The ef¬ 
ficiency of the drainage or levee may also be determined, and 
if it appears that the location of any levee or drain can bej 
changed so as to make it more effective, or that other branches 
or spurs should be constructed, or that any branch or spur pro¬ 
jected may be eliminated or other change made that will tend 
to increase the benefit of the proposed work, such modifications 
and changes shall be made at the directions of the court. The 
engineer may attend this meeting and give any information or 
evidence that may be sought to verify and substantiate his re¬ 
ports. If necessary the report as amended shall be referred 
by the court to the engineer for further report. Upon the said 
hearing, if it shall appear that the purposes of this act would 
be subserved by the creation of a drainage district, the court 
shall, after disposing of all objections as justice and equity re¬ 
quire, by its findings, duly enter of record, adjudicate all ques- 



172 


tions of jurisdiction, declare the district organized as a body 
corporate, giving it a corporate name, by which in all proceed¬ 
ings it shall thereafter be known, with all the powers of a cor¬ 
poration with power to sue and be sued, to incur debts, liabil¬ 
ities and obligations, to exercise the right of eminent domain 
for the purpose of securing adequate outlets and such other 
rights of way as may be necessary to carry out the intentions 
of this act, and the right of assessment as herein provided; to 
issue bonds and to do and perform all acts herein expressly au¬ 
thorized and all acts necessary and proper for the carrying out 
of the purpose for which the district was created, and for ex¬ 
ecuting the powers with which it is invested. 

Sec. 9. That the order of the court of probate establishing 
said district shall have all the force of a judgment. If the 
court finds that any property set out in the report of the en¬ 
gineer should not be incorporated in the district, the board of 
commissioners or any owner of realty in the district may with¬ 
in term time after the refusal of the probate court to include 
said property in the district, appeal from the order of the court 
to the circuit court or court of like jurisdiction upon giving 
bond in a sum to be fixed by the court, conditioned for the 
payment of costs if the appeal should be decided against said 
petitioner. Any person or corporation owning lands within 
the drainage district, which he or it thinks will not be benefit¬ 
ed by the improvement and should not be included in the dis¬ 
trict, may appeal from the decision of the court to the circuit 
court or court of like jurisdiction in term time, by filing an ap¬ 
peal accompanied by a bond approved by the court, condition¬ 
ed for the payment of the cost if the appeal should be decided 
against him or it, for such sum as the court may require. 

Sec. 10. That when the court of probate has established 
such district it shall appoint three owners of real property 
within the district to act as drainage commissioners, and such 
persons when so appointed, and their successors in office, shall 
constitute, and ai»e hereby declared to be a body politic incor¬ 
porated by the name and style of the same selected as mention¬ 
ed in this act by the court of probate. Each of these commis¬ 
sioners shall take the oath of office as declared by the Consti¬ 
tution of the State, and shall also swear that he will not direct¬ 
ly or indirectly be interested in any contract made by the board 
of commissioners, save and excepting so far as he may be ben¬ 
efited as a landowner in common with other landowners for the 
work contracted for. Any commissioner failing to take oath 
within thirty (30) days after his appointment, or failing to 



173 


give bond in the sum of not less than $1,000 to be fixed by the 
court, shall be deemed to have declined to act as commissioner 
and his place shall be filled by the court. The said commission¬ 
ers shall have a common seal for the drainage district. They 
may from time to time make such by-laws, rules and regula¬ 
tions, and order and change the same, as they may deem prop¬ 
er, not inconsistent with this act and the laws of this State, for 
the purpose of carrying into effect the object of their incor¬ 
poration. They shall elect from their own number a president, 
and appoint such other officers, agents, and attorneys, and em¬ 
ploy such persons as they may think necessary for the efficient 
management of their business, and remove them at pleasure. 
The commissioners appointed as aforesaid, shall hold their of¬ 
fices, one for two (2) years, one for four (4) years, and one 
for six (6) years, from the date of their appointment, and until 
their successors are appointed and qualified. On the expira¬ 
tion of their terms of office, their successors shall be appoint¬ 
ed in like manner for the term of six (6) years thereafter; and 
they shall hold their meetings at any time and place in the 
county or counties in which any part of the district is sit¬ 
uated upon the call of the president. All vacancies on the 
board shall be filled by the court, but if a majority in number 
of the owners of real property in the district shall petition for 
the appointment of particular persons as commissioners, it 
shall be the duty of the court to appoint the persons so desig¬ 
nated. Any commissioner, viewer, or other officer of any dis¬ 
trict organized under this act may be removed for cause upon 
a motion filed in the original court where said district was or¬ 
ganized after due hearing. 

Sec. 11. If it shall be necessary to acquire a right-of-way 
or any outlet over and through lands not affected by "the drain¬ 
age, and the same cannot be acquired by purchase, then and in 
such event the power of eminent domain is hereby conferred, 
and such land may be condemned. Such owner or owners of 
the land proposed to be condemned may be parties defendant 
in the manner of an ancillary proceeding as provided in the 
condemnation of right-of-way for railroads so far as the same 
may be applicable, and such damages as may be awarded as 
compensation shall be paid by the board of drainage commis¬ 
sioners out of the first funds which shall be available from the 
proceeds of sales of bonds or otherwise. 

Sec. 12. T.he board of drainage commissioners of any dis¬ 
trict organized under this act, or their employees or agents, in¬ 
cluding contractors and their employees, and the engineer and 



174 


members of the board of viewers and their assistants, may enter 
upon the lands within or without the district in order to make 
surveys and examinations to accomplish the necessary prelim¬ 
inary purposes of the district, or to have access to the work, 
being liable, however, for actual damage done, but no unnec¬ 
essary damage shall be done. Any person or corporation pre¬ 
venting such entrance shall be guilty of a misdemeanor, punish¬ 
able by fine not exceeding fifty (50) dollars in the discretion 
of the court. 

Sec. 13. The court of probate shall appoint a board of 
viewers consisting of three persons, one to be a competent civil 
and drainage engineer, and the other two members of the board 
to be disinterested owners of realty in the county or counties 
involved. 

Sec. 14. After the district is established the court shall re¬ 
fer the report of the engineer back to the board of viewers to 
make a complete survey, plans and specifications for the drain¬ 
age for levees or other improvements and fix a time when said 
engineer and viewers shall complete and file their report with 
the court, not exceeding ninety (90) days, unless further ex¬ 
tension of time is granted by the court. 

Sec. 15. The board of viewers shall have power to employ 
such assistance as may be necessary to make a complete survey 
of the drainage distinct, and shall enter upon the ground and 
make a survey of the main drain or drains and all its laterals, 
make such survey and secure such other data as may be deemed 
essential to the preparation of a comprehensive drainage plan. 
The line of each ditch, drain, or levee shall be plainly and sub¬ 
stantially marked on the ground, and other improvements lo¬ 
cated. A drainage map of the district shall then be completed 
showing the location of the ditch or ditches and other improve¬ 
ments and the boundary, as closely as may be determined by 
the records of the lands owned by each individual land owner 
within the district. The location of any railroads or public 
highways and the boundary of any incorporated towns or vil¬ 
lages within the district shall be shown on the map. There shall 
also be prepared to accompany this map a profile of each levee, 
drain or watercourse, showing the surface of the ground, the 
bottom or grade of the proposed improvement and the number 
of cubic yards of excavation or fill in each mile or fraction 
thereof, and the total cubic yards in the proposed improvement 
and the estimated cost thereof, and plans and specifications, 
and the cost of any other word required to be done. 



175 


Sec. 16. It shall be the further duty of the board of view¬ 
ers to appraise the damages claimed by any one that are just¬ 
ly right and due to them for land taken or for inconvenience 
imposed because of the construction of the improvement or 
for any other legal damages sustained. Such damage shall be 
considered separate and apart from any benefit the land would 
receive because of the proposed work, and shall be paid by the 
board of drainage commissioners when funds shall come into 
their hands. 

Sec. 17. When the levee and drainage ditches or other im¬ 
provements herein provided for shall have been located and es¬ 
tablished as provided for in this act, the board of viewers shall 
within twenty (20) days after their appointment begin to per¬ 
sonally inspect and classify all the lands benefited by the loca¬ 
tion and construction of such levee or drainage ditches in tracts 
of forty (40) acres or less according to the legal or recognized 
subdivisions in a graduated scale of benefits to be numbered 
according to the benefit received by the proposed improvements; 
and they shall make an equitable apportionment of the costs, 
expenses, costs of construction, fees and damages assessed for 
the construction of any such improvement, and make a report 
thereof in writing to the court. In making the said assessment 
the lands receiving the greatest benefit shall be marked on a 
scale of 100 and those benefited in a less degree shall be mark¬ 
ed with such percentage of 100 as the benefit received bears in 
proportion thereto. This classification when finally establish¬ 
ed shall remain as a basis for all future assessments connected 
with the objects of said levee and drainage district unless the 
board of viewers for good cause shall authorize a revision there¬ 
of. If the first assessment made by the board of viewers is in¬ 
sufficient to pay the cost of construction, additional assess¬ 
ments may be made in the same ratio as the first, and they shall 
make additional assessments in like manner for repairing said 
improvements when needed. An assessment roll, to be includ¬ 
ed as part of the final report, shall be made out, containing a 
description of the drainage, a description of each tract of land 
affected thereby, the names of the owners thereof and the 
amounts assessed to each tract, and shall be filed with the 
court. 

Sec. 18. The board of viewers shall keep an accurate ac¬ 
count and report to the court the name of each person and the 
number of days employed on the survey and the kind of work 
said person was doing, and any expenses that may have been 
incurred in going to and from the Avork and the cost of any sup- 



176 


plies and material that may have been used in making a sur¬ 
vey. . . 

Sec. 19. In case the work is delayed by high water, sick¬ 
ness, or any other good cause, and the report is not completed 
at the time fixed by the court, the board of viewers shall ap¬ 
pear before the court and state in writing cause of such failure 
and ask for sufficient time in which to complete the work, and 
the court shall then set another date by which the report shall 
be completed and filed. 

Sec. 20. When the final report, which shall contain a copy 
of the assessment roll, is completed and filed, it shall be exam¬ 
ined by the court, and if it be found to be in due form and in 
accordance with the law, it shall be accepted, and if not in due 
form it may be referred back to the board of viewers with in¬ 
structions to secure further information to be reported at a 
subsequent date to be fixed by the court. When the report is 
fully completed and accepted by the court a date not less than 
twenty (20) days thereafter shall be fixed by the court for the 
final hearing upon the report, and notice thereof shall be given 
by publication as herein defined. During this time a copy of 
the report shall be on file in the office of the court and shall be 
open to the inspection of any landowner or other person in¬ 
terested within the district. 

Sec. 21. At the date set for hearing any landowner may ap¬ 
pear in person or by counsel and file his objection in writing 
to the report of the board of viewers; and it shall be the duty 
of the court to carefully review the report of the board of view¬ 
ers and the objections filed thereto, and make such changes as 
are necessary to render substantial and equal justice to all the 
landowners in the district. If in the opinion of the court the 
cost of construction together with the amount of damages as¬ 
sessed is not greater than the benefits that will accrue to the 
land affected, the court shall confirm the report of the viewers. 
If, however, the court finds that the cost of construction to¬ 
gether with the damages assessed is greater than the result¬ 
ing benefit that will accrue to the lands affected the court shall 
dismiss the proceedings at the cost of the petitioners, and the 
securities upon the bond, or the signers of the articles of asso¬ 
ciation so filed by them, shall be liable for such costs. The 
court may from time to time collect from the petitioners such 
amounts as may be necessary to pay costs accruing. 

Sec. 22. Any party aggrieved may within ten days after 
the confirmation of the final report appeal to the circuit court, 
or court of like jurisdiction, in term time. Such appeal shall 



177 


be taken and prosecuted as now provided by law. Such appeal 
shall be based and heard only upon the exceptions theretofore 
filed by the complaining party, either as to issue of law or fact, 
and no additional exceptions shall be considered by the court 
upon the hearing of the appeal. 

Sec. 23. The court shall provide a suitable book known as 
the drainage record, in which it shall transcribe every petition, 
motion, order, report, judgment, or finding of the board in 
every drainage transaction that may come before it in such man¬ 
ner as to make a complete and continuous record of the case. 
Copies of all maps and profiles are to be furnished by the en¬ 
gineer and marked bv the court “official copies,” which shall be 
kept on file in the office of the court, and one other copy shall 
be pasted or otherwise attached to his record book. 

Sec. 24. The board of drainage commissioners shall ap¬ 
point a competent civil engineer as superintendent of construc¬ 
tion. Such person shall furnish a bond in amount to be fixed 
and approved by the commissioners, conditioned upon the hon¬ 
est and faithful performance of his duties, such bond to be in 
favor of the board of drainage commissioners. 

Sec. 25. The board of drainage commissioners shall cause 
inotice to be given for two consecutive weeks in some news¬ 
paper published in the county wherein such improvements are 
located, if such there be, in at least one engineering or contract¬ 
ing journal having a national circulation, and such additional 
publication elsewhere as they may deem expedient of the time 
and place of letting the work of construction of said improve¬ 
ment, and in such notice they shall specify the approximate 
amount of work to be done and the time fixed for the comple¬ 
tion thereof; and on the date appointed for the letting, they, 
together with the superintendent of construction, shall convene 
and let the proposed work to the lowest responsible bidder, 
either as a whole or in sections, as they may deem most advan¬ 
tageous for the district. The date of letting contracts shall be 
at least twenty (20) days after the date of first publication, ex¬ 
clusive of such date of publication. No bid shall be entertain¬ 
ed that exceeds the estimated cost, except for good and satis¬ 
factory reasons it shall be shown that the original estimate was 
erroneous. They shall have the right to reject all bids and ad¬ 
vertise the work again, if in their judgment the interest of the 
district will be subserved by so doing. The successful bidder 
shall be required to enter into a contract with the board of 
drainage commissioners and to execute a bond for the faith¬ 
ful performance of such contract, with sufficient sureties, in 



178 


favor of the board of drainage commissioners for the use and 
benefit of the levee or drainage district in an amount equal to 
25 per centum of the estimated cost of the work awarded to 
him. In canvassing bids and letting the contract, the super* 
intendent of construction shall act only in an advisory capac¬ 
ity to the board of drainage commissioners. The contract shall 
be based on the plans and specifications submitted by the board 
of viewers in their final report as confirmed by the court, the 
original of which shall remain on file in the office of the court 
of probate and shall be open to the inspection of all prospective 
bidders. All bids shall be sealed and shall not be opened except 
under the authority of the board of drainage commissioners and 
on the day therefor appointed for opening the bids. The drain¬ 
age commissioners shall have power with the approval of the 
court to correct errors and modify the details of the report of 
the board of viewers if in their judgment they can increase the 
efficiency of the drainage plan and afford better drainage to 
the lands in the district without increasing the estimated cost 
submitted by the board of viewers and confirmed by the court. 

Sec. 26. The superintendent in charge of construction shall 
make monthly estimates of the amount of work done, and fur¬ 
nish one copy to the contractor and file the other with the 
secretary of the board of drainage commissioners; and the com¬ 
missioners shall, within five (5) days after the filing of such 
estimate, meet and direct the secretary to draw a warrant in 
favor of such contractor for ninety (90) per centum of the work 
done according to the specifications and contract ; and upon the 
presentation of such warrant, properly signed by the chairman 
and secretary, to the treasurer of the drainage fund he shall 
pay the amount due thereon. When the work is fully complet¬ 
ed and accepted by the superintendent he shall make an esti¬ 
mate for the whole amount due, including the amounts with¬ 
held on the previous monthly estimates which shall be paid 
from the drainage fund as herein provided. 

Sec. 27. If any contractor to whom said work shall have 
been let shall fail to perform the same according to the terms 
specified in his contract, action may be had in behalf of the 
board of drainage commissioners against such contractor and 
his bond, in the court of probate for damages sustained by the 
levee or drainage district, and recovery made against such con¬ 
tractor and his sureties. In such an event the work shall be 
advertised and relet in the same manner as the original letting. 

Sec. 28. In the construction of the work the contractor 
shall have the right to enter upon the lands necessary for this 



179 


purpose and the right to remove private or public bridges or 
fences and to cross private lands in going to or from the work. 
In case the right-of-way of the improvement is through timber 
the owner thereof shall have the right to remove it if he so de¬ 
sires before the work of construction begins. 

Sec. 29. Where any public ditch, drain or water-course 
established under the provisions of this act crosses a public 
highway the actual cost of constructing the same across the 
highway or removing old bridges or building new ones or en¬ 
larging old ones shall be paid for from the funds of the drainage 
district. Wherever any highway within the levee or drainage 
district shall be beneficially affected by the construction of any 
improvement or improvements in such district it shall be the 
duty of the viewers appointed to classify the land to give in 
their report the amount of benefit to such highway and notice 
shall be given by the court of probate to the clerk of the board 
of county commissioners in the county where the road is located 
of the amount of such assessment and.the county commission¬ 
ers shall have the right to appear before the court and file ob¬ 
jections on behalf of the county the same as any landowner. 
When it shall become necessary for the drainage commission¬ 
ers to repair any bridge or construct a new bridge across the 
highway by reason of enlarging any watercourse or of excavat¬ 
ing any canal intersecting such highway the said bridge shall 
thereafter be maintained by and at the expense of the board of 
commissioners of such county or by such other official board or 
authority as by law shall be required to maintain such high¬ 
way so intersected. 

Sec. 30. Whenever the board of viewers shall make a survey 
for the purpose of locating a public levee or drainage district 
or changing a natural watercourse, and the same would cross 
the right-of-way of any railroad company it shall be the duty of 
the board of viewers to promptly notify the railroad company 
by serving written notice upon the agent of such company or its 
lessee or receiver that they will meet the company at the place 
where the proposed district, ditch, drain or watercourse crosses 
the right-of-way of such company, said notice fixing time of 
such meeting, which shall not be less than ten (10) days after 
the service of the same, for the purpose of conferring with said 
railroad company with relation to the place where and the man¬ 
ner in which said improvement shall cross such right-of-way. 
When the time fixed for such conference shall have arrived, un¬ 
less for good cause more time is agreed upon, it shall be the 
duty of the board of viewers and the railroad company to agree, 



180 


if possible, upon the place where and the manner and method 
in which such improvement shall cross such right-of-way. If 
the board of viewers and the railroad company cannot agree, or 
if the railroad company shall fail, neglect or refuse to confer 
with the viewers, said viewers shall determine the place and 
manner of crossing the right-of-way of said railroad company 
and shall specify the number and size of openings required and 
the damages, if any, to said railroad company, and so specify 
in their report to the court, and they shall further specify that 
they could not agree with the railroad company or that the lat¬ 
ter failed, neglected or refused to confer with them. The rail¬ 
road company or companeis shall be required to construct, 
build and maintain any new bridges or culverts, or to enlarge, 
strengthen, reconstruct or replace any old ones at its or their 
own expense, in all cases where the drainage improvements 
follow swales, bayous, natural water courses or existing water¬ 
ways and intersect said railroad or railroads, and such ex¬ 
penses incurred in building, constructing and maintaining such 
bridges, or by enlarging, strengthening, reconstructing or re¬ 
placing old ones shall not be considered as damages to the said 
railroad company or companies, but where new bridges or cul¬ 
verts are required across railroad rights-of-way, because the 
drainage improvements do not follow swales, bayous, natural 
watercourses or existing waterways, the expenses of building 
such bridges and culverts shall be borne by the drainage dis¬ 
trict. The board of viewers shall also assess the benefits that 
will accrue to the right-of-way, roadbed, and other property of 
said company by affording better drainage or a better outlet for 
drainage, but no benefits shall be assessed because of the in¬ 
crease in business that may come to said road due to the con¬ 
struction of the drainage improvements. Such benefits shall be 
assessed as provided in section 17 of this act, and shall be re¬ 
ported by the board of viewers as an assessment due personally 
from the railroad company and unless the same is paid when 
due by the company as an assessment, it may be collected in the 
manner of an ordinary debt in any court having jurisdiction. 

Sec. 31. The court of probate shall have notice served upon 
the railroad company of the time and place of the meeting to 
hear and determine the final report of the board of viewers, and 
the said railroad company shall have the right to file objections 
to said report and to appeal from the findings of the board of 
viewers, in the same manner as any landowner, but such an 
appeal shall not delay or defeat the construction of the im¬ 
provement. 



181 


Sec. 32. After the contract is let and the actual construc¬ 
tion is commenced, the superintendent in charge of construction 
shall notify the railroad company of the probable time at which 
the contractor will be ready to enter upon the right-of-way of 
said road and construct the work thereon. It shall be the duty 
of said railroad to send a representative to view the ground 
with the superintendent of construction and arrange the exact 
time at which such work can be most conveniently done. At 
the time agreed upon the said railroad company shall remove 
its rails, ties, stringers and such other obstructions as may be 
necessary to permit the excavation of the channel across its 
right-of-way. The work shall be so planned and conducted as 
to interfere in the least possible manner with the business of 
the said railroad. If the superintendent of construction and 
the railroad company shall not be able to agree as to the exact 
time at which such work can be done, includnig the time of be¬ 
ginning and the time to be consumed in such work, either party 
may give written notice thereof to the president of the railroad 
commission of the State, and thereupon the said railroad com¬ 
mission shall cause an investigation to be made, and after hear¬ 
ing both parties shall tlx the time of beginning such work and 
the time to be consumed in such work of construction, and the 
final determination of the railroad commission thereon shall be 
binding upon the superintendent of construction representing 
the district and the railroad company, and the work shall be 
done in such time as may be fixed by the said railroad commis¬ 
sion. In case the railroad company refuses and fails to remove 
its track or tracks so as to permit the construction of woi*k on 
its right-of-way and the passage of the necessary equipment of 
the contractor, it shall be held as delaying the construction of 
the improvement, and such company shall be liable to a penalty 
of $25 per day for each day of delay, to be collected by the board 
of drainage commissioners for the benefit of the drainage dis¬ 
trict as in the case of other penalties. Such a fine may be col¬ 
lected in any court having jurisdiction, and shall inure to the 
benefit of the drainage district. Within thirty (30) days after 
the work is completed an itemized bill for the actual expenses 
incurred by the railroad company for opening its tracks shall 
be made and presented to the superintendent of construction of 
the drainage district. Such bill, however, shall not include the 
cost of putting in a new brdige or strengthening or enlarging 
an old one, except as herein provided. The superintendent of 
construction shall audit this bill, and if found correct, approve 
the same and file it with the secretary of the board of drainage 



182 


commissioners, who shall reimburse the said railroad company 
for such expense. 

Sec. 33. Whenever any improvement constructed under this 
act is completed, it shall be under the control and supervision 
of the board of drainage commissioners. It shall be the duty 
of said board to keep the levee, ditch, drain, watercourse, or 
any other improvements, in good repair, and for this purpose 
they may levy an assessment on the lands benefited by the con¬ 
struction of such improvement in the same manner and in the 
same properties as the original assessments were made, and the 
fund that is collected shall be used for repairing and maintain¬ 
ing the ditch, drain, watercourse, or other improvements, in 
perfect order; provided, however, that if any repairs are made 
necessary by the act or negligence of the owner of any land 
through which such improvement is constructed, or by the act 
or negligence of his agent or employee, or if the same is caused 
by the cattle, hogs, or other stock of said owner, employee, or 
agent, then the cost thereof shall be assessed and levied against 
the lands of said owner alone, to be collected by proper suit in¬ 
stituted by the drainage commissioners; provided, further, that 
when it shall become necessary to repair any bridge or con¬ 
struct a new bridge across any railroad by reason of enlarging 
any water course or of excavating any canal intersecting, or by 
reason of wear and tear and natural deterioration of such 
bridge or structure, such repairs, maintenance and improve¬ 
ments shall be made at the expense of the said railroad. It shall 
be unlawful for any person to injure or damage or obstruct any 
improvements constructed under the provisions of this act, or 
to build any bridge, fence or floodgate across any levee, ditch, 
drain or watercourse, or any other improvement constructed 
under the provisions of this act, without securing the prior 
written consent of the board of drainage commissioners, and 
any person causing any injury, damage or obstruction, or build¬ 
ing any bridge, fence or floodgate without the consent of the 
board of commissioners shall be deemed guilty of a misde¬ 
meanor, and upon conviction thereof may be fined not less than 
fifty (50) dollars nor more than one thousand (1,000) dollars, 
in the discretion of the court. 

Sec. 34. The owner of any land that has been assessed for 
the cost of the construction of any ditch, drain, watercourse, or 
other drainage improvement as herein provided shall have the 
right to use the ditch, drain or watercourse as an outlet for lat¬ 
eral drains from said land; and if said land is separated from 
the ditch, drain, watercourse, or other drainage improvement 



183 


by the land of another or others, and the owner thereof shall be 
unable to agree with said other or others as to the terms and 
conditions on which he may enter their lands and construct 
said drain or ditch, he may file his ancillary petition in such 
pending proceeding to the court, and the procedure shall be as 
now provided by law. When the ditch is constructed it shall 
become a part of the drainage system and shall be under the 
control of the board of drainage commissioners and be kept in 
repair by them as herein provided. 

Sec. 35. After the classification of lands and the ratio of 
assessments of the different classes to be made thereon has been 
confirmed by the court, the board of drainage commissioners 
shall ascertain the total cost of the improvement, including 
damages awarded to be paid to owners of land, all costs of inci¬ 
dental expenses, including a reasonable attorney’s fee as coun¬ 
sel to petitioners in conducting the proceedings in behalf of 
the petitioners, and also including an amount sufficient to pay 
the necessary expenses of maintaining the improvement for a 
period of five years after the completion of the work of con¬ 
struction, after deducting therefrom any special assessment 
made against any railroad or highway, and, thereupon, the 
board of drainage commissioners, under the hand of the presi¬ 
dent and secretary of the board, shall certify to the court of pro¬ 
bate the said total costs ascertained as aforesaid; and the said 
certificate shall be therewith recorded in the drainage record 
and open to inspection of any landowner in the district. The 
board of drainage commissioners shall immediately prepare, in 
duplicate, the assessment rolls, giving thereon the names of the 
owners of land in the district, so far as can be ascertained from: 
the public records, a description of the several tracts of land 
assessed and the amount of the assessment against each tract 
of land. The first of these assessment rolls shall provide assess¬ 
ments sufficient for the payment of interest on the bond issued, 
to accrue the fifth year after their issue and the installment of 
principal to fall due at the expiration of the fifth year after the 
date of issue, together with such amounts as shall have to be 
paid for collection and handling of the same. The second as¬ 
sessment roll shall make like provision for the sixth year; the 
third for the seventh year; the fourth for the eighth year; the 
fifth for the ninth year; the sixth for the tenth year; the seventh 
for the eleventh year; the eighth for the twelfth year; the ninth 
for the thirteenth year; and the tenth for the fourteenth year. 
Each of said assessment rolls shall specify the time when col¬ 
lectible and be numbered in their order, and the amounts as- 



184 


sessed against the several tracts of land shall be in accordance 
with the benefits received, as shown by the classification and the 
ratio of assessments made by the viewers. These assessment 
rolls shall be signed by the president and secretary of the board 
of drainage commissioners. One copy of each of said assess¬ 
ment rolls shall be filed with the drainage record and one copy 
shall be delivered to the tax collector, after the judge of the 
court of probate has appended thereto an order directing the 
collection of said assessments, and said assessments shall there¬ 
upon have the force and effect of a judgment, as in the case of 
state and county taxes. These assessments shall constitute a 
first and paramount lien, second only to State and county taxes 
upon the lands assessed for the payment of said bonds and in¬ 
terest thereon as they become due, and shall be collected in the 
same manner by the same officers as the State and county taxes 
are collected. The said assessments shall be due and payable 
on the first Monday in September each year, and if the same 
shall not be paid in full by the thirty-first of December follow- 
ing, it shall be the duty of the tax collector to sell the land or 
lands so delinquent, the sale of lands for failure to pay such 
assessments to be made at the courthouse door of the countv in 
which the lands are situated, between the hours of 10 o'clock in 
the forenoon and 4 o'clock in the afternoon of the first Monday 
in February of each year, and if for any necessary cause the 
sale cannot be made on that date, the sale may be continued 
from day to day for not exceeding four days, or the lands may 
be readvertised and sold on the first Monday in March succeed¬ 
ing, during the same hours, without any order therefor. In all 
other respects, except as to time of sale of lands, the existing 
aw as to the collection of State and county taxes shall have 
application to the collection of drainage assessments under this 
act. It shall be the duty of the sheriff or tax collector to pay 
over to the county treasurer promptly the money so collected by 
him upon said tax assessments, to the end that the said treas¬ 
urer may have funds in his hand to meet the payment of inter¬ 
est and principal due upon the outstanding bonds as they ma¬ 
ture. It shall be the duty of the county treasurer, and without 
any previous order from the board of drainage commissioners, 
o provide and pay the installments of interest at the time and 
place as evidenced by the coupons attached to said bonds, and 
also to pay the annual installment of the principal due on said 
bonds at the time and place as evidenced by said bonds, and the 
said county treasurer shall be guilty of a misdemeanor and sub¬ 
ject upon conviction to a fine or imprisonment in the discretion 



185 


of the court, if he shall willfully fail to make prompt payments 
of the said interest and principal upon said bonds, and shall 
likewise be liable in a civil action for all damages which may 
accrue, either to the board of drainage commissioners or the 
holder of said bonds to either or both of which the right of ac¬ 
tion is hereby given. 

Sec. 36. If the total cost of the improvement is less than an 
average of fifty (50) cents per acre on all the land in the dis¬ 
trict, the board of drainage commissioners shall forthwith 
assess the lands in the district therefor, in accordance with 
their classification, and said assessment shall be collected in one 
installment, by the same officer and in the same manner as 
State and county taxes are collected, and payable at the same 
time. In case the total cost exceeds an average of fifty (50) 
cents per acre on all lands in the district, the board of drainage 
commissioners shall give notice by publication as herein pre¬ 
scribed, reciting that they propose to issue bonds for the pay¬ 
ment of the total cost of the improvement, giving the amount of 
bonds to be issued, the rate of interest that they are to bear and 
the time when payable. Any landowner in the district not want¬ 
ing to pay interest on the bonds, may, within fifteen (15) days 
after publication of said notice is completed, pay to the county 
treasurer the full amount for which his land is liable, to be as¬ 
certained from the classification sheet and the certificate of the 
board showing the total cost of the improvement, and have his 
lands released from liability to be assessed for the said improve¬ 
ment; but such land shall continue liable for any future assess¬ 
ment for maintenance or for any increased assessment author¬ 
ized under the law T . 

Sec. 37. Each and every person owning land in the district 
who shall fail to pay to the county treasurer the full amount for 
which his land is liable, as aforesaid, within the time above 
specified, shall be deemed as consenting to the issuance of drain¬ 
age bonds, and in consideration of the right to pay his propor¬ 
tion in installments, he hereby waives his right of defense to the 
payment of any assessments which may be levied for the pay¬ 
ment of bonds, because of any irregularity, illegality, or defect 
in the proceedings prior to this time, except in case of an ap¬ 
peal, as hereinbefore provided, which is not affected by this 
waiver. 

Sec. 38. At the expiration of fifteen (15) days after publi¬ 
cation of notice of bond issue, the board of drainage commis¬ 
sioners may issue bonds of the drainage district for an amount 
equal to the total cost of the improvement, less such amounts 



186 


as shall have been paid in in cash to the county treasurer, plus 
an amount sufficient to pay interest on the bond issue for the 
five (5) years next following the date of issue. These bonds 
shall bear interest not to exceed six (6) per cent per annum, 
payable semi-annually, and shall be paid in ten (10) equal in¬ 
stallments. The first installment of principal shall mature at 
the expiration of five (5) years from the date of issue and one 
installment for each succeeding year for nine (9) additional 
years. The commissioners may sell these bonds at not less than 
par and devote the proceeds to the payment for the work as it 
progresses, and to the payment of the interest on said bonds for 
the five (5) years next following the date of issue and to the 
payment of the other expenses of the district provided for in 
this act. The proceeds from such bonds shall be for the exclu¬ 
sive use of the levee or drainage district specified on their face, 
and shall be numbered by the board of drainage commissioners 
and recorded in the drainage record, which record shall set out 
specifically the lands embraced in the district on which the tax 
has not been paid in full, which land is to be assessed as here¬ 
after provided. If any installment of principal or interest rep¬ 
resented by the said bond shall not be paid at the time and in 
the manner when the same shall become due and payable, and 
such default shall continue for a period of six (6) months, the 
holder or holders of such bond or bonds upon which default has 
been made may have a right of action against said drainage dis¬ 
trict or the board of drainage commissioners of said district, 
wherein the court may issue a writ of mandamus against the 
said drainage district and its officers including the tax col¬ 
lector and treasurer directing the levying of a special assess¬ 
ment as herein provided and the collection of same, in such sum 
as may be necessary to meet any unpaid installments of princi¬ 
pal and interest and cost of action \ and such other remedies are 
hereby vested in the holder or holders of such bond or bonds in 
default as may be authorized by law; and the right of action as 
hereby vested in the holder or holders of such bond upon which 
default has been made, authorizing them to institute suit 
against any officer on his official bond for failure to perform 
any duty imposed by the provisions of this act. The official 
bonds of the tax collector and county treasurer shall be liable 
for the faithful performance of the duties herein assigned him. 
Such bonds may be increased by order of the court. That the 
bonds and coupons issued under and by authority of this and 
other sections of this act shall be exempt from all county or 
municipal taxation, direct or indirect, general or special 



187 


whether imposed for purposes of general revenue or otherwise, 
and the interest thereon shall not be subject to taxation as for 
income nor shall said bonds and coupons be subject for taxation 
when constituting part of the surplus of any bank, trust com¬ 
pany or corporation, but when constituting a part of such sur¬ 
plus shall be deducted from the total assets in order to ascer¬ 
tain the total taxable value of such shares. 

Sec. 39. Each member of the board of drainage commission¬ 
ers shall receive three ($3.00) dollars per diem and each mem¬ 
ber of the board viewers other than the engineer shall receive 
as compensation for their services five ($5.00) dollars per diem 
when actually employed, together with his necessary expenses 
incurred in the performance of his duties. Any engineer or 
assistant engineers employed under the provisions of this act 
shall receive such compensation for his or their services as shall 
be fixed and determined upon by the court of probate together 
with all necessary expenses until the board of commissioners is 
appointed, who shall then assume charge of these matters. The 
compensation for rodmen, axmen, chainmen, and other laborers 
shall not exceed two ($2.00) dollars per diem and necessary ex¬ 
penses, the exact amount to be determined by the person em¬ 
ploying such assistants. All other fees and costs incurred un¬ 
der the provisions of this act and not otherwise provided for 
shall be the same as provided by law for like services in other 
cases. The fees, costs and expenses shall be paid by order of the 
board of drainage commissioners out of the drainage fund pro¬ 
vided for that purpose, and the board of drainage commission¬ 
ers shall issue warrants therefor when funds shall be in the 
hands of the county treasurer. 

Sec. 40. Where the court has confirmed an assessment for 
the construction of any public levee, ditch, drain, watercourse, 
or other improvement and such assessment has been modified by 
the court of superior jurisdiction, but for some unforeseen 
cause it cannot be collected, the board of drainage commission¬ 
ers shall have power to change or modify the assessment as con¬ 
firmed to conform to the judgment of the probate court and to 
cover any deficit that may have been caused by the order of said 
court or "unforeseen occurrence. The said relevy shall be made 
for the additional sum required in the same ratio on the lands 
benefited, as the original assessment was made. If any person, 
or any number of persons, claiming to have title to any tract or 
tracts of land subject to assessment or drainage tax, shall fail 
to pay an annual assessment levied against such lands, the tax 
collector shall be compelled to sell such lands under the law for 



188 


the purpose of making such collections, the net proceeds of such 
sale shall be paid to the county treasurer, to be held by him and 
disbursed for the purpose of paying the current assessment and 
future annual assessments, so far as the said proceeds may be 
sufficient. When the fund in the custody of the treasurer shall 
be exhausted in payment of annual assessments against such 
lands, or there shall not be a sufficient sum to pay the next an¬ 
nual assessment, the county treasurer shall immediately give 
written notice to that effect to the chairman of the board of 
drainage commissioners of the district, and also to the court of 
probate, whereupon the board of draniage commissoiners shall 
institute an investigation of said tract or tracts of land to de¬ 
termine its market value, and if they shall find that its market 
value is not equal to all the future annual assessments to cover 
its share of installments of principal and interest on the out¬ 
standing bonds, they shall proceed, with the approval of the 
court of probate, to make new reassessment rolls on all the re¬ 
maining lands in the district, and increase the same in suffi¬ 
cient sums to equal the deficit thereby created, and such new 
assessment rolls shall constitute the future assessment rolls 
until changed according to law, and shall be certified to the tax 
collectors as herein provided in lieu of the former assessment 
rolls. However, the said tract or tracts of land which have been 
so sold by the tax collector shall continue on the assessment 
roll in the name of the new owner, but reassessed upon the new 
basis, and the drainage tax collected at the same time and in 
the same manner as other lands as long as said lands may have 
sufficient market value out of which to collect the annual drain¬ 
age tax, and when such lands have ceased to have such value, or 
shall be abandoned by the person claiming title thereto, the 
drainage commissioners may omit the same from the assess¬ 
ment roll with the approval of the court of probate; but the 
said lands may in the same manner at any time in the future be 
restored to the assessment rolls. If the funds? in the hands of 
the county treasurer at any time, arising under this section or 
in any other manner, shall be greater than is necessary to pay 
the annual installments of principal and interest, or the annual 
cost of maintenance of the drainage works, or both, such sur¬ 
plus shall be held by the county treasurer for future disburse¬ 
ment for other purposes as herein provided or subject to the 
order of the board of drainage commissioners. If there shall be 
any impairment or destruction of the drainage works by any 
unforeseen cause or occurrence, during the period of construc¬ 
tion by the contractor, the said contractor shall nevertheless 



189 


repair and complete the said works according to the contract 
and specifications, and shall he liable therefor and also his sure¬ 
ties on his bond; but if said contractor shall make default and 
if there shall be a failure to collect all resulting damages from 
such contractor and the sureties upon his bond, and it shall 
thereby be necessary to raise a greater sum of money to com¬ 
plete the drainage works in accordance with the plans, or if for 
any other unavoidable cause it shall be necessary to raise a 
greater sum to complete such drainage works, the board of 
drainage commissioners, having first obtained the approval of 
the court of probate, shall prepare new assessment rolls upon 
all the lands in the district upon the original basis of classifica¬ 
tion of benefits, and increase the same in sufficient sums to 
equal the deficit thereby created, and the same shall constitute 
the new assessment rolls until changed according to law, and 
shall be certified to the tax collector as herein provided. If for 
any of the causes hereinbefore recited in this section or for any 
other cause, a sum of money greater than the proceeds of sale 
of the drainage bonds shall become necessary to complete said 
drainage system, and the board of drainage commissioners shall 
determine that the amount to be raised is greater than can be 
realized from the collection of one annual assessment upon the 
lands in the district without imposing an undue burden upon 
said lands, or if it is advisable or necessary to raise the money 
more expeditiously, then and under such conditions additional 
bonds may be issued in such aggregate sum as may be neces¬ 
sary. The proceedings for the issue of such additional bonds 
shall be substantially as follows: The board of drainage com¬ 
missioners shall file their petition with the court of probate, 
setting forth all the facts which require the expenditure of more 
money and the issue of additional bonds to complete the drain¬ 
age system, which shall be accompanied by the recommendation 
of the drainage engineer, who was one of the original viewers, 
or some other expert drainage engineer selected by the drainage 
commissioners; whereupon the court shall issue a notice to all 
the owners of land within the district, reciting the substance of 
the petition and directing each to appear before the court on a 
day certain, not less than twenty (20) days after the service 
upon all the parties, and to show cause, if any they have, why 
the additional bonds should not be authorized, which notice 
shall be served personally on each landowner by reading the 
same, and by leaving a copy, and, if the same cannot be per¬ 
sonally served, then it shall be served in the manner authorized 
by law. Any landowner may file an answer denying any mate- 



190 


rial allegation in the petition or setting forth any valid objec¬ 
tion to same before the return clay thereof. Upon the day when 
said notice is returnable, or on such day as to which the same 
may have been continued, the court shall proceed to hear the 
petition and answers. If the court shall find that the allega¬ 
tions of the petition are true and that the issue of additional 
bonds is advisable or necessary the court shall make an appro¬ 
priate order authorizing and directing the issue of such addi¬ 
tional bonds, fixing the amount of such issue, the date of same, 
the time when the interest and principal shall be payable, and 
all other matters necessary and appropriate in the premises. 
Any landowner may appeal from the order of the court of pro¬ 
bate to the circuit court or court of like jurisdiction and on 
such appeal only the issues raised in the answer shall be consid¬ 
ered. After the court shall have ordered the additional issue 
of bonds, the further procedure as to the assessment rolls, the 
levying and collecting of the drainage taxes, the disbursement 
of the revenue therefrom for the payment of said bonds and in¬ 
terest thereon, and all further procedure shall be the same as 
provided in this act. The additional bonds issued shall not 
exceed twenty-live (25%) per cent of the total amount orig¬ 
inally issued. The additional issue of bonds shall bear interest 
not to exceed six (6%) per cent per annum payable semi-an- 
nually, and may be made payable in ten (.10) annual install¬ 
ments, or lesser number of annual installments as nearly equal 
as may be, as recommended by the board of drainage commis¬ 
sioners and approved by the court. 

Sec. 41. The provisions of this act shall be liberally con¬ 
strued to promote the leveeing, ditching, draining and reclama¬ 
tion of wet and overflowed lands. The collection of the assess¬ 
ment shall not be defeated, where the proper notices have been 
given, by reason of any defect in the proceedings occurring 
prior to the order of the court confirming the final report of the 
viewers; but such order or orders shall be conclusive and final 
that all prior proceedings were regular and according to law, 
unless they were appealed from. If on appeal the court shall 
deem it just and proper to release any person or to modify his 
assessment or liability, it shall in no manner affect the rights 
and legality of any person other than the appellant, and the 
failure to appeal from the order of the court within the time 
specified shall be a waiver of any illegality in the proceedings, 
and the remedies provided for in this act shall exclude all other 
remedies. 



191 


Sec. 42. Any engineer, viewer, superintendent of construc¬ 
tion or other person appointed under this act may be removed 
by the court, upon petition, for corruption, negligence of duties 
or any other good and satisfactory cause shown. 

Sec. 43. Whenever it may be desirable to construct, widen, 
deepen, straighten or change any ditch, drain, watercourse, or 
levee lying on or along, across or near the State line between 
the State of Alabama and the adjoining States, or whenever it 
may be desirable to construct, repair or improve any work of 
drainage as provided for in this act, which ditch, drain, water¬ 
course or other work of drainage cannot be constructed, re¬ 
paired or improved in the best manner without affecting lands 
in such adjoining States, the board of drainage commissioners 
in the county or counties in which such work is located shall 
have authority to join with the proper officers of such adjacent 
county or counties of other States in the construction, widen¬ 
ing, deepening, straightening, repairing or improving of any 
such drain, ditch, watercourse, or other work of drainage. Such 
drainage commissioners in any county or counties of this State 
are given power jointly to enter into contracts with the proper 
officers of such county or counties in adjoining States to con¬ 
struct, repair or improve any such work of drainage, each to 
pay such proportion of costs and expenses of the work as the 
contracting officials shall deem just. Such work of drainage 
shall be made on petition, as provided for in this act in relation 
to other works of drainage, and all other provisions of this act, 
as far as applicable, shall govern the drainage commissioners 
and other officers of this State in relation to such joint work of 
drainage. 

Sec. 44. The board of drainage commissioners shall have 
the right and authority to enter into contracts or other agree¬ 
ments with the United States Government or any department 
thereof with persons, railroads, or other corporations, with 
public corporations and the State Government of this or other 
States, with drainage conservation or other improvement dis¬ 
trict in this or other States, for cooperating or assisting in con¬ 
structing, maintaining, using, and operating the works of the 
district, or for making surveys and investigations, or reports 
thereon, and may purchase, lease, or acquire land or other prop¬ 
erty in adjoining States in order to secure outlets, or for other 
purposes of this act, and may let contracts or spend money for 
securing such outlets or other works in adjoining States which 
may be necessary to carry out the provisions of this act. 



192 


Sec. 45. All petitions provided for under this act may be 
signed by women, whether married or single, provided they own 
land in the proposed district; guardians may sign for their 
wards; trustees, executors, and administrators may sign for the 
estates represented by them, and if the signature of any corpo¬ 
ration is attested by the corporate seal, the same shall be suffi¬ 
cient evidence of the assent of the corporation. Notice by pub¬ 
lication wherever referred to in this act unless otherwise speci¬ 
fied, shall consist of publication once a week for three consec¬ 
utive weeks in some paper having general circulation in the 
county or counties wherein the land in the drainage district is 
located and by posting a written or printed notice on the door 
of the courthouse and at five (5) conspicuous places throughout 
the district. It shall not be necessary that the publication shall 
be made on the same day in each of the three weeks, but not less 
than fourteen (14) days, excluding the day of the first publica¬ 
tion, shall intervene between the first publication and the last 
publication, and publication shall be deemed complete on the 
date of the last publication. The term “court” wherever it ap¬ 
pears in this act, and unless some other court is specifically des¬ 
ignated shall be construed to mean court of probate. The term 
“board of commissioners” wherever it appears in this act shall 
be construed to refer to the board of drainage commissioners. 
The term “person” as used in this act shall be construed to 
mean any individual, partnership, stock company or corpora¬ 
tion. 

Sec. 46. All laws and parts of laws, general or special, in 
conflict with this act are hereby repealed. The term “swamp 
and overflow lands” as used in this act shall not be construed 
to apply alone to the present classification of lands under the 
laws of this State, but said term shall extend to and include all 
lands that need drainage regardless of former classification. 

Sec. 47. This act shall be in effect from and after the date 
of its approval. 

Approved March 4,1915. 



193 


No. 169.) (H. 208—Weakley. 

AN ACT 

To regulate the employment of minor children within the State of Alabama; 
to prohibit the employment of minors under certain conditions; to pro¬ 
vide for the inspection and regulation of establishments, occupations, 
places and premises where minors are employed; to entrust the enforce- 
ment of the provisions of this act to the State prison inspector; to pun¬ 
ish violations of this act; and to repeal acts in conflict with the pro¬ 
visions hereof. 

Be it enacted by the Legislature of Alabama: 

Section 1. That on and after September first, 1915, no 
child under thirteen years of age, and on and after September 
first, 1916, no child under fourteen years of age shall be em¬ 
ployed, permitted or suffered to work or be employed in any 
gainful occupation, except agriculture or domestic service: 
Provided, however, that boys twelve years of age and over may 
be employed in business offices and mercantile establishments in 
cities or towns under twenty-five thousand population, accord¬ 
ing to the latest federal census, during such time as the public 
schools in the city or town in which the child resides are not 
in session. 

Sec. 2. No child under sixteen years of age shall be em¬ 
ployed, permitted or suffered to work in any gainful occupation 
except agriculture, or domestic service for more than six days 
in any one week, or more than sixty hours in any one week, or 
more than eleven hours in any one day, or before the hour of 
six o’clock in the morning, or after the hour of six o’clock in the 
evening. The presence of any child under sixteen years of age 
in any mill, factory or workshop, laundry or mechanical estab¬ 
lishment shall be prima facie evidence of its employment therein. 

Sec. 3. It shall be the duty of every employer to post and 
keep posted in a conspicuous place in every room where any boy 
under the age of sixteen years or any girl under the age of 
eighteen years is employed, permitted or suffered to work, a 
printed notice stating the maximum number of hours such 
person may be required or be permitted to work on each day of 
the week, the hours of commencing and stopping work, and the 
hours allowed for dinner or for other meals. The printed form 
of such notice shall be furnished by the Inspector hereinafter 
named, and the employment of any minor for a longer time in 
any day than so stated, or at any time other than as stated in 
said printed form of notice shall be deemed a violation of the 
provisions of this act. 


7GA 



194 


Sec. 4. No person under the age of eighteen years shall in 
any city of twenty-five thousand population, or more, according 
to the latest federal census, be employed, permitted or suffered 
to work as a messenger for any person, firm or corporation 
engaged in the business of telegraph, telephone or messenger 
service, in the distribution, transmission or delivery of goods 
or messages after the hour of nine o’clock in the evening or 
before the hour of five o’clock in the morning of any day, and 
in any city or town under twenty-five thousand population no 
person under the age of eighteen years shall be employed, per¬ 
mitted or suffered to work as a messenger for any person, firm 
or corporation engaged in such service, in the distribution, 
transmission or delivery of goods or messages after ten o’clock 
in the evening, or before five o’clock in the morning of any day; 
and no person under twenty-one years of age shall be employed 
in any establishment where intoxicating liquors are manufac¬ 
tured or sold. 

Sec. 5. No child under the age of sixteen years shall he 
employed, permitted or suffered to work at any of the following 
occupations or in any of the following positions: (1) operating 
or assisting in operating any of the following machines: (a) 
circular or band saws; (b) wood shapers; (c) wood jointers; 
(d) planers; (e) sand paper or wood polishing machinery; (f) 
wood turning or boring machinery; (g) machines used in pick¬ 
ing wool, cotton hair, or any other material; (h) job or cylinder 
printing presses; (i) boring or drilling presses; (j) stamping 
machine used in sheet metal or tinware, or in paper or leather 
manufacturing, or in washer or nut factories; (k) metal or 
paper cutting machines; (1) corner staying machines; (m) 
steam boilers; (n) dough brakes or cracker machinery of any 
description; (o) wire or iron straightening or drawing machin¬ 
ery; (p) rolling mill machinery; (q) power punches or shears; 
(r) washing, grinding or mixing machinery; (s) laundering 
machinery; (2) or in proximity to any hazardous or unguarded 
gearing; (3) or upon any railroad, whether steam, electric or 
hydraulic; (4) or upon any vessel or boat engaged in navigation 
or commerce within the jurisdiction of this State. 

Sec. 6. No child under the age of sixteen years shall be 
employed, permitted or suffered to work in any capacity (1) 
in, about or in connection with any processes in which dan¬ 
gerous or poisonous acids are used; (2) nor in the manufacture 
or packing of paints, colors, white or red lead; (3) nor in sol¬ 
dering; (4) nor in occupations causing dust in injurious quan¬ 
tities; (5) nor in the manufacture or use of dangerous or pois- 



195 


onous dyes; (6) nor in the manufacture or preparation of com¬ 
positions with dangerous or poisonous gases; (7) nor in the 
manufacture or use of compositions of lye in which the quan¬ 
tity thereof is injurious to health; (8) nor on scaffolding; (9) 
nor in heavy work in the building trades; (10) nor in any tun¬ 
nel or excavation; (11) nor in, about or in connection with 
any mine, coal breaker, coke-oven or quarry; (12) nor in assort¬ 
ing, manufacturing or packing tobacco; (13) nor shall any 
child under the age of sixteen years be employed upon the stage 
of any theatre or concert hall, or in any connection with any 
theatrical performance or other exhibition or show. 

Sec. 7. It shall be unlawful for any firm, person or cor¬ 
poration to employ, permit or suffer any child under sixteen 
years of age to work in any gainful occupation, except agricul¬ 
ture or domestic service, unless such person, firm or corporation 
keeps on file for the inspection of the officials charged with the 
enforcement of this act, an employment certificate, as herein¬ 
after prescribed, for every such child and unless such person, 
firm or corporation, keeps on file for the inspection of the offi¬ 
cials charged with the enforcement of this act, a complete list 
of all such children employed therein, provided, however, that 
in the cities or towns under twenty-five thousand population 
boys between the ages of twelve and fourteen years shall not be 
required to have such certificate for employment in business 
offices and mercantile establishments during such times as the 
public schools are not in session. The inspector charged with 
the enforcement of this act may make written demand on any 
employer in whose establishment a child apparently under six¬ 
teen years of age is employed or permitted or suffered to work, 
and whose employment certificate is not filed as required by 
this act, that such employer shall furnish him within ten days 
evidence satisfactory to him that such child is in fact sixteen 
years of age or over, or shall cease to employ or permit or suffer 
such child to work therein. Such official may require from such 
employer the same evidence of age of such child as is required 
for the issuance of any employment certificate, and the em¬ 
ployer furnishing such evidence shall not be required to fur¬ 
nish any further evidence of the age of the child. In case such 
employer shall fail to produce and deliver to such official within 
ten days after such demand, such evidence of the age therein 
required of him, and thereafter continue to employ such child 
or permit or suffer such child to work in such establishment, 
proof of the giving of such notice and of such failure to produce 
and file such evidence shall be prima facie evidence in any 



196 


prosecution that such child is under sixteen years of age, and 
is unlawfully employed. 

Sec. 8. No' child under sixteen years of age shall be em¬ 
ployed or be permitted to work, or be detained in or about any 
mill, factory or manufacturing establishment in this State, un¬ 
less such child shall attend school for eight weeks in every 
year of employment, six weeks of which shall be consecutive. 

Sec. 9. It shall be the duty of the Superintendent or prin¬ 
cipal of schools in cities or towns to issue the employment cer¬ 
tificates mentioned in the foregoing section, or to authorize a 
person in writing to issue such certificates, acting in his name. 
Where there is no superintendent or principal of schools, said 
certificates shall be issued by the county superintendent of edu¬ 
cation or by person authorized by him in writing. 

Sec. 10. The person authorized to issue employment cer¬ 
tificates shall not issue such certificates unless the child in ques¬ 
tion, accompanied by its parents or guardian, or person stand¬ 
ing in parental relation thereto, has personally made applica¬ 
tion to him therefor, and until he has received, examined, ap¬ 
proved and filed the following papers duly executed: (1) A 
school record signed by the principal or teacher of the school 
last attended by said child, stating that such child has attended 
school for at least sixty days of the year immediately preceding 
the date on which the certificate is issued, and stating also the 
age and date of birth of said child, as shown on the records of 
the school, and the name and address of the parent, guardian or 
custodian: provided, that such evidence of school attendance 
outside of the State of Alabama, may be accepted at the dis¬ 
cretion of the officer issuing these certificates; (2) one of the 
following evidences of age, showing the child to be fourteen 
years of age or over or if before September 1st, 1916, thirteen 
years of age or over, to be required in the order herein desig¬ 
nated: (a) A duly attested transcript of the birth record of 

said child, filed according to law, with any officer charged with 
the duty of recording births, (b) or, a passport or duly attested 
transcript of a certificate of baptism showing the date of birth 
and place of baptism of such child, (c) or, in case the officer 
authorized to issue such certificate is satisfied that none of the 
above proofs of age can be produced, other evidence of the age, 
such as the affidavit of the parent, guardian or custodian of 
such child, as shall convince such officer that the child is four¬ 
teen years of age or over, or, if before September 1st, 1916, 
thirteen years of age of over. The superintendent of schools 
in any city, town or district, wherever there is one, and where 



197 


there is none, the county superintendent of education, shall 
between the first and tenth days of each month, transmit to the 
office of the State inspector hereinafter mentioned, a report, 
which report shall give the name of each child to whom a certifi¬ 
cate has been granted, or denied during the preceding month, 
together with the ground of such denial. A refusal or failure 
to transmit such report by any person charged under this sec¬ 
tion with the duty of transmitting the same to such State offi¬ 
cial, shall constitute a misdemeanor, punishable by a fine of not 
more than twenty-five dollars nor less than five. 

Sec. 11. Such certificate shall state the full name, place 
and date of birth of such child with the name and address of 
the parent, guardian, or persons sustaining the parental rela¬ 
tionship to such child, and shall contain a statement signed by 
the issuing officer that the child has personally appeared before 
him and that satisfactory evidence has been submitted that said 
child is fourteen years of age or over, or, if before September 
1st, 1916, thirteen years of age or over. The printed form of 
the certificate, and other papers required in the issuing of em¬ 
ployment certificates, shall be drafted by the State inspector, 
hereinafter mentioned, and furnished by him to the local and 
county superintendents of education. 

Sec. 12. On the termination of the employment of a child 
under the age of sixteen years, the employment certificate shall 
be returned by the employer holding the same, to the child to 
whom it is issued, or if the certificate of such child is not 
claimed by such child within ten days after the termination of 
its employment, it shall be returned by the employer to the 
school authority by whom it was issued. 

Sec. 13. No boy under twelve years of age, and no girl 
under eighteen years of age, in any city of twenty-five thousand 
population, or more, according to the latest federal census, 
shall distribute, sell, expose, or offer for sale, newspapers, mag¬ 
azines, periodicals, hand-bills or circulars, or be employed or 
permitted or suffered to work in any other trade, or occupation 
performed in any street or public place; provided, however, 
that boys ten years of age or over may engage in the distribu¬ 
tion of newspapers and periodicals on fixed routes in the resi¬ 
dent districts of such cities. No boy under sixteen years of age 
shall engage in any such street occupation in any city of twentv- 
five thousand or more population, according to the latest federal 
census, after eight o’clock at night, or before five o’clock in the 
morning of any day; or unless he has secured and wears in plain 
sight a badge as herein provided; or unless he is a regular 



198 


school attendant. Such badge shall he provided and issued by 
the superintendent of schools or some person designated by 
him in writing, and shall be granted only after the child has 
applied to him personally, accompanied in person by his parent, 
guardian or custodian, and has submitted satisfactory proof 
that he is twelve years of age or over; or if engaged only in dis¬ 
tributing papers or periodicals on fixed routes in the resident 
districts, ten years of age or over and that he is a regular attend¬ 
ant. Such badge shall be renewed annually on the first clay of 
January and shall not be transferable, and the form, design or 
color shall be changed annually. A deposit of not more than 
fifty cents may be required by the person issuing same, to be 
returned upon the surrender of the badge, and if lost, the badge 
may be replaced upon the payment of twenty-five cents. Any 
child who shall engage in any such street occupation, in viola¬ 
tion of the provision of this section, shall be deemed delin¬ 
quent and brought before any court or magistrate having juris¬ 
diction over juvenile delinquents, and shall be dealt with accord¬ 
ing to law. Use of a badge may be revoked or suspended by 
said court or its authorized representatives upon such viola¬ 
tion, or in case the child’s school record is not satisfactory to the 
principal of the school which he attends. Any person who sells, 
or offers for sale any article of any description to a boy under 
sixteen years of age to be used for the purposes of sale or barter 
upon the streets, or in any public place, shall first ascertain 
that such boy wears his own badge in plain sight, as herein 
provided, and if said boy has no badge no article shall be sold 
to him. Any person violating this provision shall be fined not 
less than one, and not more than fifty dollars. The police offi¬ 
cers and other peace officers shall enforce the provisions of this 
section. 

Sec. 14. It shall be the duty of the State prison inspector 
and his authorized assistants to inspect as frequently as pos¬ 
sible, all establishments, wherein minors subject to the provi¬ 
sions of this act are, or may be, employed or permitted to work 
and to enforce the provisions of this act. For the purpose of 
administering this act, and any other laws relating to the em¬ 
ployment of minors, the State prison inspector may be desig¬ 
nated the State factory inspector; and his deputy inspectors 
may, in the performance of their duties, in enforcing the provi¬ 
sions of this act, be known as deputy factory inspectors. It 
shall be the duty of the inspectors to institute prosecution for 
the violation of any of the provisions of this act. The solicitor 



199 


of each county is charged with the duty of prosecuting all viola¬ 
tions of this act. 

Sec. 15. Every person, firm or corporation, owning or con¬ 
trolling any establishment wherein minors are employed, sub¬ 
ject to the provisions of this act, shall keep such establishment 
in sanitary condition, and properly ventilated, and shall provide 
suitable and convenient water closets, or privies, separate for 
each sex, and in such number and located in such place or 
places, as may be required by the inspector; and when twenty 
or more persons are employed, sanitary drinking fountains shall 
be provided in such number as the inspector may deem neces¬ 
sary. All water closets shall be maintained inside such estab¬ 
lishments except where, in the opinion of the inspector, it is 
impracticable. In all such establishments, there shall be sepa¬ 
rate water closets or privy compartments for females, to be 
used by them exclusively, and notice to that effect shall be 
painted on the outside of such compartment. The entrance to 
every water closet or privy, in such establishment, shall be ef¬ 
fectively screened by a partition or vestibule. In every such 
establishment a printed copy of this act shall be kept conspicu¬ 
ously posted in every room in which minor persons work. It 
shall be the duty of the inspector to inspect thoroughly every 
such establishment, to issue a written order for the correction 
of unsanitary or unhealthful conditions in such establishment, 
and to compel compliance with such orders as herein provided. 

Sec. 16. The inspector shall have free access at any time 
to any establishment where minors are, or may be employed or 
detained, and any person who refuses to allow the inspector 
to have free access to any such establishment and every part 
thereof; or who hinders or obstructs him in his inspection, or 
who makes any false statement to the inspector about the estab¬ 
lishment, its operation or condition, or about any person work¬ 
ing or detained therein, or who refuses to comply with any 
order issued under authority of section 15 of this act, shall be 
guilty of a misdemeanor, and shall be fined not less than fifty 
nor more than one hundred dollars, and on subsequent convic¬ 
tion shall be fined not less than two hundred dollars. It shall 
be the duty of the inspector to remove from any establishment 
any child found employed, working or detained therein contrary 
to law, and to remove therefrom any child who is afflicted 
with any infectious, contagious, or communicable disease. 

Sec. 17. Any person, firm or corporation who violates any 
of the provisions of this act, or who permits any child to be 
employed or to work in or about, or be detained in, or to be in 



or about any establishment, contrary to law, or who fails or 
refuses to obey within a reasonable time, any lawful orders or 
directions given by the State official charged with the enforce¬ 
ment of this act, unless a specified penalty is herein otherwise 
provided, shall be deemed guilty of a misdemeanor, and on 
conviction shall be punished by a fine not less than ten dollars 
nor more than one hundred dollars, and upon second or subse¬ 
quent conviction of any violation of any of the provisions of this 
act, shall be punished by a fine of not less than one hundred 
dollars, nor more than five hundred dollars. 

Sec. 18. Any person who makes a false affidavit when an 
affidavit is required under this act is guilty of a misdemeanor 
and shall, upon conviction, be punished by a fine of not less 
than five dollars nor more than twenty dollars, and for a sec¬ 
ond or subsequent conviction shall be imprisoned not more than 
ninety days. 

Sec. 19. The State prison inspector and his deputies, when 
traveling in the performance of their duties herein prescribed, 
shall be reimbursed their actual traveling expenses, when ap¬ 
proved by the State prison inspector and by the Governor to be 
paid on the warrant of the State auditor. 

Sec. 20. The word “inspector” is used herein to designate 
or mean, the State prison inspector or his duly authorized 
deputies, such deputies being hereby clothed with the same 
duties and authority with which the State prison inspector is 
now or may hereafter be clothed. In the enforcement of the 
provisions of this act, the State prison inspector and his author¬ 
ized deputies are hereby vested with the same authority as 
deputy sheriffs in each and every county in the State. 

Sec. 21. All laws and parts of laws in conflict with this 
act are hereby repealed. 

Sec. 22. If any section of this act shall be held unconstitu¬ 
tional, in w r hole or in part, the fact shall not effect any other 
section of this act, it being the intention of the Legislature in 
enacting this act to enact each section separately. 

Approved February 24, 1915. 



201 


No. 175.) (H. 523—Spessard. 

AN ACT 

To amend section 2 of “An act to change and regulate the appointment of 
the board of control of the Canebrake Agricultural Experiment Station, 
to prescribe the authority and duties of the said Board and to provide 
for the expenses of the said station.” 

Be it enacted by the Legislature of Alabama : 

1. That section 2 of an act “to change and regulate the 
appointment of the board of control of the Canebrake Agricul¬ 
tural Experiment Station, to prescribe the authority and 
duties of the said board and to provide for the expenses of the 
said station,” approved April 7, 1911, be amended so as to read 
as follows: The board is given authority to appoint and to dis¬ 
charge at pleasure such officers, agents, and servants as are 
deemed necessary to the operation of such station and to fix 
their compensation. The board is also given authority to hold 
institutes for the benefit of the farmers in the county that sur¬ 
rounds it; to select and compensate such lecturers as it may 
choose for such institutes and to provide for the entertainment 
of the persons who attend such institutes, and to select and 
compensate such lecturers as it may deem necessary for the pur¬ 
pose of properly instructing the farmers living within the vi¬ 
cinity of said station, or wherever the board may direct. The 
board shall have authority to lease or purchase such additional 
land as it may deem necessary and proper for the purpose of 
conducting the station to the greatest possible advantage. It 
shall also have authority to plant any crops it may see fit, in¬ 
cluding vegetables and fruits. It shall also have authority to 
experiment as it may see fit with all kinds of live stock, includ¬ 
ing poultry. It shall also have authority to sell and dispose 
of all surplus product that it may at any time have on hand; 
it shall also have authority to give away any of such product 
as it may see fit to promote the interests of agriculture in the 
county that surrounds it, to exchange the same with other par¬ 
ties or stations. 

Approved March 9, 1915. 



202 


No. 02.) (S. 41—Pride. 

AN ACT 

To prohibit officers and employees of any city or town from acting in the 
capacity of election or returning officer, marker or watcher or as dep¬ 
uty sheriffs in conducting elections in towns or cities and to provide 
penalty for violation. 

lie it enacted by the Legislature of Alabama: 

1. That it shall be unlawful for an officer or employee of 
any city or town to act in the capacity of election officer, re¬ 
turning officer, marker or watcher, or as a deputy sheriff in 
conducting any town or city election; and any person violating 
any provision of this act shall be guilty of a misdemeanor and 
upon conviction shall be fined not less than fifty dollars and 
may also be imprisoned in the county jail or sentenced to hard 
labor for the county for not more than twelve months. 

2. Be it further enacted, That all laws and parts of laws in 
conflict with this act are hereby repealed. 

Approved April 5th, 1915. 


No. 65.) (H. J. R. 102. 

HOUSE JOINT RESOLUTION. 

House Joint Resolution, relative to inviting P. J. Holden, “Corn Wizard of 
Iowa,” to address the Legislature of Alabama. 

Resolved, by the House, the Senate concurring, That the 
Legislature -of Alabama extend to P. J. Holden, “Corn Wizard 
of Iowa,” an invitation to address a joint meeting of the House 
and Senate on Thursday the 18th day of February, 1915, be¬ 
tween the hours of 1 and 2 P. M. 

Passed by the House, the Senate concurring, Feb. 13, 1915. 


No. 73.) (S. 22—Hill. 

AN ACT 

To authorize the State to purchase the Seventh Volume of Mayfield’s Digest 
of Alabama Reports. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the secretary of State is authorized to pur¬ 
chase two hundred copies of the Seventh Volume of Mayfield’s 



203 


Digest of the Alabama Reports, and on delivery to him of two 
hundred copies of said Seventh Volume of said Digest, the State 
auditor shall draw his warrant on the treasury of the State of 
Alabama for the price of said books, which price shall not exceed 
$10.00 per volume. 

Sec. 2. Be it further enacted, That the secretary of State 
shall distribute the said volumes as follows: One copy of said 
volume to every executive department of the State; one copy to 
every judge of the Supreme Court; one to the attorney general; 
one to every chancellor; one to every judge of the circuit court; 
one to every judge of the probate court; and one to every other 
court of record; one to every circuit, city court and county so¬ 
licitor; one to every judge of the city and criminal courts of the 
State, the remaining copies to be deposited in the Supreme 
Court library and to be exchanged by the librarian for digests of 
other States. 

Sec. 3. Be it further enacted, That the officers to whom said 
volumes are distributed by the State, shall turn over to their 
successors in office all volumes of said digest that may be deliv¬ 
ered to them under the provisions of this act. 

Approved March 26, 1915. 


No. 105.) (S. 114—McCain. 

AN ACT 

To amend an act entitled “An act to authorize the cities and towns of this 
State to convey real or personal property and to make appropriations of 
money from city funds, and issue bonds to aid in the location and con¬ 
struction of high schools and high school buildings, and to ratify and 
confirm all such conveyances and appropriations which have heretofore 
been made by any such city or town,” approved August 26th, 1909. 

Be it enacted by the Legislature of Alabama: 

That said act approved August 26th, 1909,* be so amended 
that it will read as follows: An act to authorize the cities and 
towns of this State to convey real or personal property and to 
make appropriations of money from city funds, and issue bonds 
to aid in the location and construction of high schools and high 
school buildings, and to ratify and confirm all such convey¬ 
ances, appropriations and bond issues which have heretofore 
been made by any such city or town. Be it enacted by the Leg¬ 
islature of Alabama: 

Section 1. That the cities and towns of this State be and 
they are hereby authorized and empowered to convey real or 



204 


personal property belonging to such cities or towns, and to 
make appropriations from city or town funds, and to issue 
bonds to aid in the location and in the construction of high 
schools and high school buildings under the act of the Legisla¬ 
ture of Alabama, approved August 9th, 1907, entitled “An act 
to provide for the establishment of high schools in this State, 
and to make appropriations for said schools” and under the act 
of the Legislature of Alabama, approved April 8th, 1911, enti¬ 
tled “An act to amend sections 1861, 1862, and 1863 of the Code 
of Alabama.” 

Sec. 2. That all such conveyances of property and appro¬ 
priations of funds and all such bond issues which have hereto¬ 
fore been made for the purpose named in section 1 of this act be, 
and the same are, hereby ratified and confirmed. 

Approved April 5, 1915. 


No - 114 0 (H. 482—John 

AN ACT 


To make an appropriation for tick eradication in Alabama. 


Be it enacted by the Legislature of Alabama: 

That there is hereby appropriated from moneys in the State 
treasury not otherwise appropriated twenty-five thousand dol¬ 
lars per annum for four years, to be used by the live stock sani¬ 
tary board for the purpose of eradicating the cattle tick, under 
the provisions and restrictions of the live stock sanitary law. 
The amount expended in each county in the State out of monies 
appropriated in this act shall in no case exceed the amount ex¬ 
pended by such county in carrying on the work of tick eradi¬ 
cation. 

Approved M^rch 24,1915. 


No - 126 -) (S. J. R. 67. 


SENATE JOINT RESOLUTION. 

Be it resolved, by the Senate, the House concurring, That a 
sub-committee, one from the Senate and two from the House, 
shall be appointed by and from the joint recess committee on 
finance and taxation, to investigate, during the recess of the 
Legislature, port conditions in and around the city of Mobile, 



205 


with a view of reporting their findings and formulating meas¬ 
ures to the end that maritime commerce may be facilitated and 
encouraged in Alabama’s only sea port; and also to investigate 
the oyster question. And the members of said committee shall 
have their actual traveling expenses incurred in the perform¬ 
ance of their duties herein prescribed paid. Said committee 
shall also investigate and report as to the rights or ownership 
of the State of Alabama in any islands or literal lands belong¬ 
ing to the State of Alabama along Mobile Bay. 

Passed by the Senate, Feb. 18, 1915. 


No. 142.) 


(H. J. R. 110. 


HOUSE JOINT RESOLUTION. 

Resolved, by the House, the Senate concurring, That all bills 
now pending which to create a public service commission, or 
to extend the powers, jurisdiction and duties of the railroad 
commission so as to include the power to regulate and control 
all persons, firms and corporations engaged in any public ser¬ 
vice in this State, be referred to the joint committee on judi¬ 
ciary, with the request that such joint committee on judiciary 
investigate the question of a public service commission, and all 
bills referring thereto, and report to the Legislature after the 
recess their conclusions in the form of a bill or otherwise. 

Passed by the House, the Senate concurring, Feb. 18, 1915. 


No. 143.) (H. J. R. 109. 

HOUSE JOINT RESOLUTION. 

Resolved, by the House, the Senate concurring, That no 
member of any recess committee raised or provided for by this 
session of the Alabama Legislature, shall be paid a per diem for 
any day any such member is absent when his committee is in 
session. 

Passed by the House, the Senate concurring, Feb. 18, 1915. 



206 


No. 144.) (H. 543—Hubbard. 

AN ACT 

To make appropriations for the expenses of encampments, maneuvers, tar¬ 
get practices, schools of instruction, parades, reviews, and such other 
military expenses as the Governor may approve of the Alabama Na¬ 
tional Guard for the years 1915, 1916, 1917 and 1918. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the sum of fifteen thousand dollars for the 
fiscal year ending September 30, 1915; that the sum of fifteen 
thousand dollars for the fiscal year ending September 30, 1916, 
and the sum of fifteen thousand dollars for the fiscal year ending 
September 30, 1917, and the sum of fifteen thousand dollars for 
the fiscal year ending September 30, 1918, or so much thereof 
as the Governor may, in his discretion, deem advisable or neces¬ 
sary? be and the same is hereby appropriated out of any money 
in the treasury not otherwise appropriated, for the purpose of 
paying expenses and costs of such encampments, maneuvers 
and such target practices, schools of instruction, parades, 
and reviews, at such places as the Governor may determine 
of the Alabama National Guard as may be ordered dur¬ 
ing those years, for the purpose of instruction and dis¬ 
cipline, including in such expenses the subsistence of the 
officers and men as provided by the rules and regulations 
of the United States Army; also "the transportation of officers 
and men to and from such camps, maneuvers, target practices, 
schools of instruction, parades and reviews as determined by 
the Governor; preparation of camp grounds and other expenses 
connected therewith, the preparation, procurement and main¬ 
tenance of target ranges and other expenses connected there¬ 
with which the Governor may deem legitimate and necessary 
and such other military expenses as the Governor may approve. 

Section 2. That the Governor shall make rules and regula¬ 
tions governing the disbursement of money under the provisions 
of this act, and all expenses authorized to be contracted by him 
shall be certified to and verified by affidavit, with receipts for 
each bill itemized, showing evidence of payment and paid to and 
through such officer or officers as the Governor may direct. The 
appropriation under this act shall be continuous from year to 
year until expended under the direction of the Governor as 
above provided. 

Approved March 23, 1915. 



207 


No. 151.) (H. 444 Scott. 

AN ACT 

To authorize the construction of viaducts and subways by railroad companies 
and street railway companies in municipalities in this btate by ana 
with the consent of such municipalities and to that end to acquire by 
condemnation all necessary property, lands and interest and easements 
therein. 

Be it enacted by the Legislature of Alabama: 

Section 1. Railroad companies and street railway compa¬ 
nies may jointly or severally construct viaducts and subways in 
any municipality in this State by and with the consent of the 
municipality in which such viaduct or subway is to be construct¬ 
ed, and to that end, such railroad companies and street railway 
companies may condemn all necessary property, lands and in¬ 
terest and easements therein, including consequential dam¬ 
ages to any property thereby injured or to be injured as well as 
any property taken or destroyed or to be taken or destroyed. 

‘ Sec. 2. Such condemnation proceedings may be had as pro¬ 
vided by the general laws of this State governing the taking of 
lands or acquiring of interests therein for the uses for which 
private property may be taken, injured or destroyed. 

Approved March 24, 1915. 


No. 159.) 


(H. J. R. 98. 

HOUSE JOINT RESOLUTION 


Relative to the appointment of a joint committee of eight to consist of five 
members from the House and three from the Senate to sit during the 
recess of the Legislature for the purpose of, and with full power and 
authority to investigate each and every department of State, the prop¬ 
erties thereof, the expenditures therein, for what purpose and how paid, 
and to inquire into what money, if any, has been paid as interest on the 
bonded, floating, or other indebtedness of the State, when and by whom 
paid, and of any abuse or waste of public funds, and to investigate the 
methods used in contracting for, and supplying the text books, by the 
State Text Book Commission, to the students of the schools of Alabama, 
and providing for a report by the said joint committee upon the re¬ 
assembling of the Legislature, and providing for the expenses and com¬ 
pensation of the members and clerk of said committee. 

Resolved, by the House, the Senate concurring, That a joint 
committee of eight, consisting of five members from the House, 
and three from the Senate, be named by the presiding officers 
of each House, to sit during the recess of the Legislature, with 
full power and authority to investigate each and every depart- 



/ 


208 

ment of State, and properties thereof, the expenditure therein, 
for what purpose, how paid, and to inquire into what money, if 
any > has been paid as interest on the bonded, floating or other 
indebtedness of the State, when and by whom paid, and of any 
abuse, waste, or improper use of public funds or property ; and, 
for the purpose of carrying out this resolution, said committee 
shall have full power and authority to summon and examine 
witnesses, administer oaths, require the production of all books 
and papers as may be necessary in carrying out the purposes 
and intente of this resolution. That said committee shall in¬ 
vestigate into the method of supplying adopted text books to 
students of the schools of Alabama; inquire into the contracts 
entered into by the State text book commission, and other plans 
or methods to provide more efficient and economical method of 
procuring a uniform system of text books for use in the schools 
of Alabama, the cost of compiling such books, and the actual 
cost of manufacturing and distribution of said books, and to 
make such recommendations in connection therewith which 
they may deem wise and proper. Said committee shall have 
the power to visit, itself, or by sub-committee, and inspect the 
different institutions, properties, and departments of the State, 
for the purpose of securing any information, and each member 
of said committee shall receive as compensation four ($4.00) 
dollars per day for his services and mileage, and actual and nec¬ 
essary traveling expenses. Said committee shall be empowered 
to employ a clerk, who shall be an expert stenographer, who 
shall receive the sum of four ($4.00) dollars per day as compen¬ 
sation for his services and actual traveling expenses. That a 
report of the proceedings of said committee shall be submitted 
m writing to the Legislature upon its reassembling after the 
recess. Be it further resolved, That the Speaker of the House 
be and he is hereby made, ex-officio, a member of this committee, 
and also of each and every standing committee which has been 
named, or may be named, to .sit, during the recess, and shall re¬ 
ceive as compensation the same pay as allowed other members 
of the committee. 

Passed by the House, the Senate concurring, Feb. 13, 1915. 



209 


No. 168.) 


AN ACT 


(H. 518—Merritt. 


T ° “jSrrtli r^ i0n i’iSL an act ’ ent , itled an act t0 amend section 546 and 547 

1911 ° de ° f 19 ° 7, a PP roved August 26th, 1909, approved April 18th, 

Be it enacted by the Legislature „■ 

That section 1, entitled a bill to be entitled an act to amend 
section 1, of an act, entitled an act to amend section 546 and 

a fli Code ° f 1907 ’ a PP roved August 25th, 1909, approved 
April 18th, 1911, be amended to read as follows: 1. That sec¬ 
tion 546 of the Code of 1907, as amended by an act approved 
ugust 26th, 1909, be and the same is hereby amended so as to 
read as follows: The Governor is authorized to appoint five ex- 
acconntanta of known integrity and skill, one of whom 
shall be known as chief examiner of public accounts, and the 
other tour shall be known as examiners of public accounts, and 
who shall hold office for four years, and until their successors are 
appointed and qualified, and who shall, under the direction of 
the Governor, audit and examine the books, accounts, vouchers 
and records of every officer, public institution or organization, 
receiving or disbursing any funds that belong to the State, or 
to any county in the State, or any funds that have been appro¬ 
priated by the Legislature for any persons, institution or organi¬ 
zation They are also required to examine and audit the books, 
accounts, vouchers and records of all county officers, including 
tax assessors charged with the duty of collecting or disbursing 
an} pait of the public revenues belonging to either the State or 
any county of the State. When required by the Governor so to 
ao, one of the examiners shall count the money in the State 
treasury and the Governor shall require either the auditor, sec- 

urSpnt°l ? atG ° r , the attorne y general, or all of them, to be 
present and supervise the count, and join the examiner in cer- 

tifymg the result of the same to the Governor. An examiner 
may be detailed by the Governor as disbursing officer for the 
mi itary when m encampment, or when called into service to 
aid in enforcing the law. Immediately after the completion of 
an examination of the several county officers, which shall be 
made at the same time that examinations are made for the State 
the examiner making such examination shall make out an ac’ 
coun , under oath, tor and in the name of the State! against saTd 
county, for approximately the number of days engaged in the 
county examination for such county at the same rate of pay and 
expense allowed for State work and file the same with the derk 



210 


of the board of revenue, court of county commissioners, or 
courts of like jurisdiction of said county, and also file a dupli¬ 
cate thereof with the State auditor, and the State auditor shall 
thereupon draw his warrant upon the county treasurer for said 
amount, and it shall be the duty of the county treasurer, imme¬ 
diately upon receipt of the auditor’s warrant, to pay the said 
amount into the State treasury out of the first county funds 
coming into his possession. Wherever the word examiner ap¬ 
pears, it shall be deemed to include chief examiner. 

Approved March 23, 1915. 


No 170 ) (H. 442—Whorton. 

AN ACT 

To amend section 134 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

That section 134 of the Code of Alabama be and the same is 
hereby amended so as to read as follows: Section 134. Special 
tax for county buildings, bridges and roads. The court of 
county commissioners or other governing body of like jurisdic¬ 
tion in any county in this State, shall levy and collect such spe¬ 
cial taxes as it may deem necessary, not to exceed one-fourth of 
one per centum per annum, for the purpose of paying any debt 
or liability now existing against any county, incurred for the 
erection, construction or maintenance of the necessary public 
buildings or bridges, or incurred for the erection of public roads 
since the 28th day of November, 1901, or that may hereafter be 
created for the erection of public buildings, bridges or roads; 
which taxes so levied and collected shall be applied exclusively 
to the purpose for which the same are so levied and collected. 

Approved March 23, 1915. 


No. 174.) 


AN ACT 


(H. 445—Scott. 


To authorize railroads, street railways and municipal corporations to acquire 
by condemnation the necessary property, easements, rights of way and 
other interests in lands, for viaducts and subways constructed or to be 
constructed in municipalities in this State. 

Be it enacted by the Legislature of Alabama: 

Section 1. That whenever any railroad company, street rail¬ 
way company or municipal or other corporation proposes to 



211 


construct or has constructed or commenced the construction of 
any viaduct or subway in any municipality of this State, 
whether jointly with other such corporations or separately, it or 
they, may condemn therefor the necessary property, rights of 
way, easements and interests in land, including all damage and 
injury to property and lands as a consequence of the construc¬ 
tion and maintenance of such viaduct or subway. 

Sec. 2. Before any such viaduct or subway is constructed in 
any municipality of this State the consent of the governing body 
of such municipality must first be obtained thereto. 

Sec. 3. Such condemnation proceedings may be had in the 
same manner as provided by the general laws of this State gov¬ 
erning the taking of lands, or acquiring of interests or ease¬ 
ments therein for the uses for which private property may be 
taken, injured or destroyed for public use. 

Approved March 24, 1915. 


(H. 108—Vaughan. 

AN ACT 

To submit to the qualified voters of the State of Alabama at the general 
election to be held on the first Tuesday after the first Monday of No¬ 
vember, 1916, for their consideration, an amendment to the Constitution 
of the State, fixing the salaries and compensations and allowances to be 
paid to the judge of probate, sheriff, the tax assessor and the rax col¬ 
lector of Montgomery county requiring the said officers to cover the fees 
collected by them into the county treasury of Montgomery county and 
authorizing and empowering the Legislature thereafter to fix and regu¬ 
late and alter the costs, charges, and fees and salaries of such officers 
including the method and basis of their compensation. 


Be it enacted by the Legislature of Alabama: 

Section 1. That the following amendment to the Constitu¬ 
tion of Alabama is hereby proposed to be submitted to the qual¬ 
ified voters of Alabama for their consideration as hereinafter 
set forth, viz: commencing at the beginning of their next term 
of office, subsequent to the general election to be held on the 
first Tuesday after the first Monday of November, 1916, the 
compensation and allowance of the following named county 
officers of Montgomery county shall be as follows: Salary of 
judge of probate of Montgomery county |5,000.00 per year net; 
allowance of $5,500.00 per annum for office expenses as fol¬ 
lows: one clerk at $1,500.00 per annum ; two clerks at $1,000.00 
per annum each; one clerk at $800.00 per annum, and $1 [200.00 



212 


per annum for all other expenses, including extra clerks. The 
said $1,200.00 to be paid to the judge of probate in monthly 
instalments and disbursed by him. The tax collector of Mont¬ 
gomery county shall receive a salary of $4,000.00 per year net; 
allowance of $1,500.00 per year for his clerk in said office and 
$1,000.00 for extra help. The tax assessor of Montgomery 
county shall receive a salary of $4,000.00 per year net; allowance 
of $1,500.00 per year for a chief clerk in said office; $900.00 
for an assistant clerk in said office and $600.00 per year for 
extra help. The sheriff of Montgomery county shall receive a 
salary of $4,000.00 per year net; allowance of $1,200.00 per 
year for a chief clerk in said office; $1,380.00 per year for a 
chief deputy; $2,200.00 per year for two deputies in said office, 
and $1,000.00 for extra assistance. These amounts to be paid 
out of the county treasury of Montgomery county. This shall 
not interfere with the amounts now or hereafter allowed the 
sheriff for guards at the county jail or bailiffs for courts, nor 
with the provisions for feeding prisoners. The sheriff shall 
receive amounts now provided by law, and shall cover the same 
into the county treasury of Montgomery county, and the board 
of revenue of Montgomery county shall pay out of the county 
treasury of Montgomery county the expenses incurred by the 
sheriff in feeding said prisoners. The above named amounts 
shall be in lieu of all compensations and allowances to the 
respective named officers. These amounts shall be paid out of 
the county treasury of Montgomery county as the salaries of 
other county officers are paid. The above named officers shall 
collect the fees heretofore collected by them and shall cover 
such fees into the county treasury on the first Monday of 
each month. The board of revenue of Montgomery county 
shall provide said officers with necessary quarters, books, sta¬ 
tionery and other conveniences. The Legislature of Alabama 
may hereafter from time to time by local or general laws, fix, 
regulate and alter the amount of the above named salaries and 
allowances, including the method and basis of their compensa¬ 
tion, also fix, regulate and alter amount of compensation re¬ 
ceived by all other county officers of said county. 

Sec. 2. That it shall be the duty of the Governor to give 
notice by proclamation to be published in one newspaper in 
each county in the State, at least eight consecutive weeks, next 
preceding the general election in November, 1916, of the elec¬ 
tion on the amendment proposed by this act, to be submitted to 
the qualified voters of the State, for their consideration, to¬ 
gether with the proposed amendment. 



213 


Sec. 3. That at the general election in November, 1916, an 
election shall be held for the vote of the qualified electors of the 
State upon the proposed amendment. Upon the ballots used at 
such election shall be printed the following: “Amendment to 
the Constitution, fixing the compensations and allowances of 
the following named county officers of Montgomery county, 
commencing at the beginning of their next term of office, sub¬ 
sequent to the general election in November, 1916, as follows: 
Salary of judge of probate of Montgomery county $5,000.00 per 
year net; allowance of $5,500.00 per annum for office expenses 
as follows: one clerk at $1,500.00 per annum; two clerks at 
$1,000.00 per annum each; one clerk at $800.00 per annum, and 
$1,200.00 per annum for all other expenses including extra 
clerks. The said $1,200.00 to be paid to the judge of probate in 
monthly instalments and disbursed by him. Tax collector of 
Montgomery county, salary of $4,000.00 per vear net; allow¬ 
ance of $1,500.00 per year for a clerk, and $1,000.00 per year 
for extra help. Tax assessor of Montgomery county, salary of 
$4,000.00 per year net; allowance of $1,500.00 for a chief clerk 
and $900.00 per year for assistant clerk and $600.00 per year 
for extra help. Sheriff of Montgomery county, salary of 
$4,000.00 per year net; allowance of $1,200.00 “per year for 
chief clerk; $1,380.00 per year for chief deputy, $2,000.00 per 
year for two deputies, and $1,000.00 per year for extra assist¬ 
ance. These amounts shall be paid out of the county treasury 
of Montgomery county as the salaries of other county officers 
are paid. The above named officers shall collect the fees here¬ 
tofore collected by them, and shall cover such fees into the 
county treasury on the first Monday of each month. The above 
named amounts shall be in lieu of all compensation and allow¬ 
ances to the respectively named officers, except that this shall 
not interfere with the allowances for the guards at the county 
jail, bailiffs to attend the court, of the county, nor with the 
provisions for feeding the prisoners at the county jail, provided, 
that as to feeding prisoners, the sheriff shall receive the 
amounts now provided by law, and cover same into the county 
treasury of Montgomery county, and the board of revenue of 
Montgomery county shall pay out of the county treasury of 
Montgomery county the expenses incurred bv the sheriff in 
feeding such prisoners. The board of revenue* of Montgomery 
county shall provide said officers with the necessary conveni¬ 
ences. The Legislature of Alabama may hereafter from time 
to time, by local or general laws, fix, regulate and alter the 
amount of the above named allowances and salaries including 



214 


the method and basis of their compensation.” Following the 
proposed amendment on the ballot shall be printed the word 
“Yes,” and immediately under that shall be printed the word 
“No.” The choice of the elector shall be indicated by the cross 
mark by him opposite the word expressing his desire. 

Sec. 4. The officers of such general election shall open a 
poll for the vote of the qualified electors upon the proposed 
amendment. The election shall be held in all things in accord¬ 
ance with the law governing general elections. In the election 
upon such proposed amendment, the votes cast thereat shall be 
canvassed, tabulated, and the returns thereof made to the sec¬ 
retary of State, and counted in the same manner as in elec¬ 
tions for repi'esentatives to the legislature, and if it shall 
thereupon appear that a majority of the qualified electors who 
voted upon the proposed amendment voted in favor of the same, 
such amendment shall be valid to all intents and purposes as a 
part of the Constitution of Alabama. The result of such elec¬ 
tion shall be made known by proclamation of the Governor. 


No. 56.) (H. 492 Welch. 

AN ACT 

To amend sections 407, 408, 409, 410 and 411 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 407 of the Code be amended so as 
to read as follows: Section 407. The inspectors shall select one 
of their number, on opening the polls, to act as a. challenger, 
and the challenger shall ascertain if each person presenting 
himself to vote has registered and paid all poll taxes due, such 
finding to be from an examination of the official list of the 
voters furnished by the judge of probate. If the name of the 
person does not appear on such list, the challenger shall chal¬ 
lenge said voter. 

Sec. 2. That section 408 of the Code be amended so as to 
read as follows: Section 408. \\ hen any person offering to 

vote is challenged by an inspector or by any qualified elector 
before such person shall be allowed to vote, he shall take and 
subscribe an oath which one of the inspectors shall tender, 
read and administer to him, and which shall be in the following 

form: “State of Alabama, County of. 

I do solemnly swear (or affirm) that I am a duly qualified 




215 


elector under the Constitution and laws of the State of Ala¬ 
bama; 2. That I have resided in the State of Alabama two 
years next preceding this day; 3. That I have resided twelve 
months in this county next preceding this day: 4. That I have 
actually resided three months in this precinct or voting district 
next preceding this day, or within three months next preceding 
this day have removed from this precinct or voting district to 
another precinct or voting district in this county, incorporated 
town or city, and would have been entitled to vote but for such 
removal; 5. That I am twenty-one years of age or upwards; 
6. That I have not been convicted of any crime which disfran¬ 
chises me; 7. That I have been duly registered and have paid 
all poll taxes due by me at the time prescribed by law, or am 
exempt by law from the payment of poll taxes; 8. I know of no 
reason why I am not entitled to vote; 9. I am generally known 

by the name under which I now desire to vote, which is. 

.; 10. I have not voted and will not vote 

in any other precinct, (or if the precinct has been divided into 
districts, in any other voting district) in this election; 11. My 


occupation is., the name of my employer 

is.; 12. My residence is. 

. (If in a city or town, give street 

number) ; 13. During the last twelve months I have resided at 

.; 14. During the last three months I have 

resided at.; 15. That. 

and . have personal knowledge of my 


residence in the State of Alabama for two years, in this county 
for twelve months, and in this precinct for three months next 
preceding this day; 16. This affidavit has been read to me. So 

help me God.Signature. “Subscribed 

and sworn to before me this.day of.191.” 


Sec. 3. That section 409 of the Code he amended so as to 
read as follows: Section 409. In addition to the oath provided 
for in the preceding section, the person so challenged shall be 
required by the inspectors before he shall be allowed to vote, 
to prove his identity, residence in this State, county and pre¬ 
cinct in which he offers to vote, by the oath of some elector per¬ 
sonally known to some one of the inspectors to be a qualified 
elector and a free holder and house holder, which oath shall 
be administered by one of the inspectors, and be in the follow¬ 
ing form: “State of Alabama, County of.. 

I?., do solemnly swear (or affirm) that I 

have known. (Here insert the 




















216 


name of the person offering to vote) for the last two years next 
preceding this election, and that he has been a resident of this 
State for said time, twelve months in this county, and he 
actually resided in this precinct or district for the last three 
months preceding this election (or in case of change of resi¬ 
dence provided for by section 178 of the Constitution, he has 
resided in this State for two years next preceding thjs election, 
twelve months in this county, and within three months next 
preceding the date of the election he removed from this precinct 
or district to another precinct or district in this county, incor¬ 
porated town or city, and would have been entitled to vote but 
for such removal), all immediately preceding this election; I 
do solemnly swear (or affirm) that I am a qualified elector of 
this precinct; that I have been a free holder and house holder 
in this precinct for one year next preceding this election; that 

my occupation is.; my residence is 

.; my business address---- 

. Subscribed and sworn to before 

me this.day of.191-- 

and upon such oath being duly taken and subscribed, the ballot 
of the person offering to vote must be received and deposited 
as other ballots of qualified electors, and the inspectors shall 
require the persons making said affidavits to swear to and sub¬ 
scribe to an original and a carbon, the carbon to be treated as 
an original, one set of said affidavits, when so taken and sub¬ 
scribed "when the election is closed, shall be sealed by the inspec¬ 
tors in a sealed package and forwarded to the solicitor of the 
county who shall lay them before the next grand jury sitting 
for the county. The other set of said affidavits shall be sealed 
and deposited in the ballot box. 

Sec. 4. That section 410 of the Code be amended so as to 
read as follows: Section 410. If the person challenged refuses 
to take the oath, or if he fails to prove his identity and residence 
by the oath of the free holder and house holder, as above re¬ 
quired, his vote shall be rejected and his ballot marked with his 
name shall be laid aside by the inspectors. 

Sec. 5. That section 411 of the Code be amended so as to 
read as follows: Section 411. When any person offering to 
vote at any election in this State has been challenged, before 
administering the oath prescribed, one of the inspectors shall 
inform such person that if he takes the oath Avillfully and 
falsely, he is guilty of perjury, and on conviction, may be im¬ 
prisoned in the penitentiary for not less than two years. One 
of the inspectors shall also inform any person making the affi- 











217 


davit of identity that if he makes such oath willfully and 
falsely, he is guilty of perjury, and on conviction,, may he im¬ 
prisoned in the penitentiary for not less than two years. 

Sec. 6. This act shall take effect upon its approval. 
Approved June 19, 1915. 


No. 76.) (S. 316—Lusk. 

AN ACT 

To further regulate the employment of a land agent, or clerk, in the office 
of the auditor; to prescribe his duties, fix his compensation, define his 
powers and duties, and repeal all laws in conflict herewith. 


Be it enacted by the Legislature of Alabama-. 

1. That the State auditor- shall have charge of all lands 
which have been sold to the State for taxes unpaid; all “16th 
section” lands; all school indemnity lands; the salt springs 
lands reservation; and all swamp and overflowed lands, and of 
all papers, documents and records relating thereto, except those 
which are required by law to be kept in the office of the secre¬ 
tary of State. 

2. That to enable the State auditor to discharge effectively 
and with benefit to the public his duties hereunder he shall ap¬ 
point a land clerk, with the approval of the Governor, who has 
had experience in dealing with public lands and who under¬ 
stands the system of survey and platting of the public lands of 
the United States, and who shall be paid a salary of one hun¬ 
dred and fifty dollars a month, as other clerks in the executive 
department are paid. This section shall not be so construed as 
authority for the employment of an additional clerk in the 
auditor’s office to those now employed therein. 

3. That whenever in the judgment of the Governor, or 
auditor, it is proper that any land described in this act should 
be examined or evidence obtained for the protection of any of 
these lands, the land clerk may be sent to make such examina¬ 
tion or to obtain such evidence, and his actual expenses shall 
be paid, upon his filing with the auditor a statement thereof 
by items, sworn to. 

4. That sections 886, 892, 893, 894, 895, 896 and 897 of the 
Code be and the same are hereby severally repealed. 

Approved June 19, 1915. 



218 


No. 78.) 


(H. 494—Welch. 


AN ACT 


To regulate primary elections in the State of Alabama. 

Section 1. Be it enacted by the Legislature of Alabama, 
That a primary election within the meaning of this act is an 
election held by qualified voters who are members of any polit¬ 
ical party for the purpose of nominating a candidate or candi¬ 
dates for public or party office. 

Sec. 2. An assemblage or organization of electors which at 
the general election for State and county officers then next pre¬ 
ceding the primary cast more than twenty-five per cent of the 
entire vote cast" in any county is hereby declared to be a polit¬ 
ical party within the meaning of this act within such county; 
and an assemblage or organization of electors which at the gen¬ 
eral election for State officers then next preceding the primary 
cast more than twenty-five per cent of the entire vote cast in the 
State is hereby declared to be a political party within the mean¬ 
ing of this act for such State. 

Sec. 3. In determining the total vote of a political party 
whenever required by this act, the test shall be the total vote 
cast by such political party for its candidate who received the 
greatest number of votes. 

Sec. 4. All primary elections hereafter held by any political 
party in this State for the nomination of any State, district, 
county or municipal officers shall be held and conducted under 
the provisions of this act, and except as herein modified shall be 
held and conducted in the same manner and form and under the 
same requirements and subject to the same forfeitures and pen¬ 
alties and punishments as are or shall be provided by law for 
the holding of regular State elections, but nothing herein con¬ 
tained shall make it obligatory upon any political party or par¬ 
ties to hold a primary election. 

Sec. 5. If any primary elections are held at the expense of 
the State or counties they shall be held on the second Tuesday 
in May of every presidential election year and on the second 
Tuesday in August of every other even numbered year for the 
nomination of candidates by all political parties. No primary 
shall be held by any political parties for the nomination of can¬ 
didates except as herein provided. The same election officers 
shall hold such primary elections for all of the political parties 
desiring to participate therein. 



219 


Sec. 6. Primary elections herein provided for shall be held 
at the regular polling places established for the purposes of 
holding general elections. 

Sec. 7. That there may be provided a. committee of each 
party for the State and each political subdivision of the State, 
said committees to be selected in such manner as may be pro¬ 
vided for by the governing authority of each party, provided 
if there shall not be elected or chosen any committee for any 
political subdivision, then all the powers which could be exer¬ 
cised by any such committee shall be vested in the State execu¬ 
tive committee, under such rules and regulations as the govern¬ 
ing authority of the party may designate, such State executive 
committee may provide for the selection of any such commit¬ 
tees, and provided that in political subdivisions of the State less 
than the whole State and greater than any one county, there 
shall be not less than one member of each such executive com¬ 
mittee from each county in such political subdivision to be chos¬ 
en in such manner as the party authority in such county may 
direct; that within ten days.after any such member is selected 
or appointed, as the case may be, the fact of his selection or 
appointment as such committeeman of such executive commit¬ 
tee shall be certified by the chairman of the county or general 
committee to the State executive committee, and, in the event 
that from any county, or any political subdivision greater than 
one county, such member of one executive committee is not 
named or certified, the State executive committee may either 
itself fill such vacancy, or may direct the method by which the 
same shall be filled. 

Sec. 8. The expense of such primary election shall be paid 
in the same manner and to the same extent as is or may be pro¬ 
vided by law for the payment of the expenses of a general elec¬ 
tion held under the laws of Alabama. 

Sec. 9. The chairman of the State executive committee of 
the parties entering such primary shall at least twenty days 
prior to the holding of such primary election certify to the sec¬ 
retary of State of Alabama the names of all candidates run¬ 
ning for office who are voted for by the voters of more than one 
county, and the chairman of each county executive committee 
of the parties entering such primary election shall at least fif¬ 
teen days prior to the holding of such primary election certify 
to the probate judge of the county the names of all candidates 
for county officers, and the secretary of State shall within not 
less than twenty days from the time of holding such primary 



220 


election certify to the probate judge of any county where an 
election is to be held for any particular office the names of the 
candidate or candidates for such office, and the probate judge 
of each county in Alabama shall in the manner and form here¬ 
inafter set forth prepare all ballots voted for in such election. 

Sec. 10. When it shall be desired by the State executive 
committee or governing authority of any political party to enter 
the primary election herein ordered to be held under the pro¬ 
visions of this act, said committee or governing authority for 
the State or political subdivision of the State where any such 
officers are to be voted upon shall give public notice thereof by 
posting notices of such election at the courthouse door and by 
advertising in some newspaper published in such subdivision, 
if there be such a newspaper, at least once a week for three con¬ 
secutive weeks prior to such primary election. 

Sec. 11. All persons who are qualified electors under the 
general election laws of the State shall have the right to partici¬ 
pate in such primary elections, subject to such political or other 
qualifications as may be prescribed by the State executive com¬ 
mittee or governing body of such political party. The State ex¬ 
ecutive committee may delegate to the several county executive 
committees the power to prescribe the qualifications of voters 
in any primary election for the nomination of county officers. 

Sec. 12. Officers for each election district or precinct in all 
primary elections held under the provisions of this act shall be 
of the same number as required and designated by law to hold 
regular State elections, and their duties and responsibilities 
shall be the same as those of legally appointed and regularly 
qualified like officers of regular State elections, and said offi¬ 
cers shall be appointed by the same appointing board as officers 
to hold regular State elections are appointed. If more than one 
political party enters such primary, the appointing board shall 
see that each political party has representation among the offi¬ 
cers named, and may, if necessary in order to secure such fair 
representation, increase the number of inspectors and clerks to 
such number as in the judgment of the appointing board is nec¬ 
essary to properly handle such primary election and fairly rep¬ 
resent all political parties participating therein. The various 
candidates entering said primary at least ten days before such 
primary election may file with the appointing board lists of 
names suggested for officers for said primary election, and in 
appointing such officers, the appointing board shall select the 
same as far as practicable from such lists. Such officers shall 



221 


be paid in the same manner and for the same amount as are like 
officers for holding a general regular election under the laws of 
Alabama, to be paid out of the county treasury in the same man¬ 
ner. In the event the persons selected as officers fail to appear 
at the polling place by eight o’clock A. M. on the day of the pri¬ 
mary election, then their places may be filled by such of those 
who have been named by such appointing board as do appear. 
In the event none so named appear by eight A. M. on said day, 
then the voters present qualified to participate in such primary 
may from among themselves select officers to conduct such elec¬ 
tion in such district or precinct, and such substituted persons 
shall have the authority to conduct such election and to be paid 
for their services in the same manner as if they had been orig¬ 
inally appointed. All officers serving in such primary election 
shall take the same oath required to be taken by officers of reg¬ 
ular State elections. Any election officer failing to serve ex¬ 
cept because of illness shall be guilty of a misdemeanor. 

Sec. 13. The officers of all primary elections held under the 
provisions of this act shall have the same power and privileges 
as officers of regular State elections, and shall be subject to the 
same restrictions, limitations, penalties and conditions. 

Sec. 14. Separate official ballots and other election station¬ 
ery supplies for each political party shall be printed and fur¬ 
nished for use at each election district or precinct, and shall be 
of a different color for each of the political parties participating 
in such primary election. All ballots for the same political 
party shall be alike, printed in plain type, and upon paper so 
thick that the printing cannot be distinguished from the back. 
Across the top of the ballot shall be printed the words, “Official 
Primary Election Ballot.” Beneath this heading shall be print 
ed the year in which said election is held and the words “Demo¬ 
cratic Party” or “Republican Party” or other proper party des¬ 
ignation. Each group of candidates to be voted on shall be pre¬ 
ceded by the designation of the office for which the candidates 
seek nomination, and in. the proper place the words-“Vote for 
one” or “Vote for two” (or more, according to the number to be 
elected to such office at the ensuing election). And there shall 
also be printed the words “First Choice” at the head of appro¬ 
priate rulings or lines at the left of the names of the candidates, 
and the words “Second Choice” at the right of the names of 
such candidates, wherever either a majority vote or a tie vote 
would not otherwise necessarily occur. 

Sec. 15. .Where more than one political party has entered 
such primary it shall be the duty of the sheriff to furnish to the 



222 


election officers of each voting place separate ballot boxes for 
each party participating in such primary. Said boxes shall be 
distinctly marked and the ballots of electors of each party shall 
be deposited in the box assigned to and designated for that 
party. The returns, certificates, official list of voters, ballots, 
tally sheets, affidavits as to challenged votes, after the canvass 
of the votes shall be deposited in the ballot box of the party to 
which they relate. 

Sec. 16. The names of candidates for each office shall be 
printed in alphabetical order according to surnames, and, ex¬ 
cept as to the order in which the several offices to be filled are 
stated, official ballots for primary elections shall be printed in 
substantially the following form: 

OFFICIAL PRIMARY ELECTION BALLOT 
1916 

Democratic Party 

District Number 1 of Precinct Number 1.County. 

Instructions: To vote for any candidate, make a cross (X) 
in the square in the appropriate column, according to your 
choice. Vote your first choice in the column to the left of the 
names of candidates; vote your second choice in the column to 
the right of the names of candidates. If there is no column at 
the right of a name, vote your first choice only. Do not vote 
more than one choice for the same candidate. 


First 

Choice 

FOR GOVERNOR. I 

Vote for One. 

Second 

Choice 

| William Jones I 

j Charles Smith 1 

John Williams ! 

j | 


First 

FOR RAILROAD COMMISSIONER. 

Second 

Choice 

Vote for Two. 

Choice 

| James Davis 


Robert Johnson 


| Thomas Mitchell 


| Richard White 


1 








223 


First 

Choice 

FOR UNITED STATES SENATOR. 
Vote for One. 

Second 

Choice 


Frank Anderson 

--- ^ 


Joseph Brown 





First 

FOR SHERIFF. 

Second 

Choice 

Vote for One. 

Choice 


Benjamin Thompson 



David Walker 



Samuel Young 






Sec. 17. Any qualified elector who is also a member of a 
political party, as herein defined, participating in a primary 
election, shall be entitled to vote at such primary election and 
shall receive the official primary election ballot of the political 
party, and no other. 

Sec. 18. The judge of probate of each county is hereby re¬ 
quired to furnish to the officers of said primary election a copy 
of the official list of voters of each district or precinct, in his 
county, of the same kind and in the same manner as he is by 
law required to furnish such lists to the officers at any general 
State election, and he shall furnish as many of said lists as 
there are parties participating in said primary. The probate 
judge shall also furnish all necessary election supplies includ¬ 
ing stamped addressed envelopes in which to mail certificates of 
results and other papers herein required to be forwarded. The 
probate judge shall deliver such election supplies and lists to 
the sheriff of the county not less than three days before the day 
of the election. It shall be the duty of the sheriff to deliver the 
same together with ballot boxes, and voting boothes to the offi¬ 
cer of said election at the place provided by him for holding said 
election and not later than seven-thirty o’clock on said election 
day. 

Sec. 19. If the name of a person desiring to vote does not 
appear on the official list of voters for said district or precinct 
as furnished by the judge of probate, it shall be the duty of said 
inspectors to challenge such vote in the same manner as they 
are required to challenge voters in general elections whose 
names do not appear on the official list of voters, and when 
challenged, such voter, before his ballot shall be received, shall 



224 


be required to swear and subscribe to the same affidavit which 
is required of voters so challenged in general elections, and 
shall also be required to produce the same kind of identification 
as is required of challenged voters in general elections, and the 
identifying affidavit must be subscribed and sworn to in like 
manner as required in general elections. 

Sec. 20. The ballot of every voter shall be kept secret and 
inviolate. As the inspectors deposit the ballot, the name of the 
voter shall be checked off of the official voting lists, but no num¬ 
bers or other identification of any kind shall be placed upon the 
ballot of the voter except one of the inspectors as he hands out 
the ballot to the voter shall initial the same on the back there¬ 
of, and before depositing it in the ballot box shall examine said 
ballot to see that it contains the initials. 

Sec. 21. All challenged votes shall be marked “Challenged” 
on the back thereof by one of the inspectors and with a number 
corresponding to the number opposite the name of the chal¬ 
lenged voter as it appears on the official voting lists. If the 
name of such challenged voter does not appear on the official 
voting list, one of the inspectors shall add such name to the 
official voting list and give it its proper consecutive number. 

Sec. 22. All affidavits of challenged voters shall be taken 
in duplicate in the same manner as the same affidavits are 
taken of challenged voters in general elections. One copy of 
such affidavits in reference to such challenged voters shall be 
returned with.the votes in the ballot box of the party to which 
they pertain. The other copy shall be mailed to the solicitor for 
the county to be presented by him to the next grand jury meet¬ 
ing in said county. 

Sec. 23. If any qualified voter who cannot read or write or 
who is physically disabled asks for assistance in marking his 
ballot, two of the inspectors, and if more than one party is par¬ 
ticipating in said primary the two shall be of different parties, 
shall go into the booth with such voter and mark his ballot as he 
directs, and any inspector who shall attempt to electioneer with 
such voter or try to influence his vote by suggestion or other¬ 
wise, or shall mark the same contrary to the directions of such 
voter, or shall afterwards divulge for whom such voter voted, 
shall be guilty of a misdemeanor. 

Sec. 24. It shall be the duty of the sheriff at the expense of 
the county to furnish and have in place at each voting place 
election booths as provided by law for general elections. Each 
elector in preparing his ballot shall prepare the same in a booth 
and nowhere else. Each elector who has not under section 23 



225 


above requested assistance in preparing his ballot shall prepare 
said ballot without the assistance of any one nor shall any one 
be allowed to be present in the booth while he is preparing such 
ballot. If any elector receives assistance other than that pro¬ 
vided by section 23 above or if he prepares his ballot in the pres¬ 
ence of any one else or if he divulges to any one else how he 
voted, he shall be guilty of a misdemeanor. 

Sec. 25. At the close of the primary election at each polling 
place, and nowhere else, the inspectors and clerks shall proceed 
forthwith without adjournment in the manner provided by law 
in the case of general elections to count the vote, and in addition 
thereto, it shall be the duty of the inspectors and clerks of elec¬ 
tion in each election district carefully to enter the number of 
first and second choice votes for each candidate and make re¬ 
turn thereof as provided by law in the case of returns in gen¬ 
eral elections. First and second choice votes shall not be cast 
by a voter for the same candidate, and in the event that shall be 
done, only the first choice vote shall be counted. 

Sec. 26. A ballot commonly known as a single shot shall not 
be counted. Where two candidates or more are to be nominated 
for the same offices, the voter must express his choice for as 
many candidates as there are offices to be filled. 

Sec. 27. The following are declared to be samples of the 
tally sheets and instructions for using same in such primary 
elections: 

Samples of Tally Sheets and Instructions for Using Same. 

Where there is one candidate to be nominated and only two 
running, there will be no second choice votes and tally sheets 
will be of the following form, which for convenience will be des¬ 
ignated as form No. 1. 


Form No. 1. 

DEMOCRATIC PRIMARY. 

Names of Candidates. Votes Received. 

For Governor. 


A. 

• 


B. 



s GA 



226 


The candidate receiving the highest number of votes will be 
declared -nominated and record made as now made in general 
elections where there are two candidates. Where there is one 
or more candidates to be nominated and three or more running 
the following form, called Form No. 2 will be used. In this 
form the votes have been tallied out just as they would be tal¬ 
lied in actual use, and following'the form will be found instruc¬ 
tions for counting the vote and for recording the same. 

Form No. 2. 

DEMOCRATIC PRIMARY. 


FirBt Choice 

Haines of Candidates, 

Second Choice. 

tm mi mi 
mi mi mi mi 
im mi mi 50 

F^r Governor. 

A, 

rm mi mi mi mi 
25 

nil mi 2241 

1214 mi mi 

2244 2114 1141 45 

B.. 

rm mi mi mi mi 
mi 30 

1241 

1244 1244 1241 1241 
1244 2241 2241 40 

C. 

2241 2141 2241 1441 

20 


It is required to so tally the vote as to show the number both 
of first choice and of second choice votes received by each candi¬ 
date. The names of the candidates are perpendicularly ar¬ 
ranged. It will be noticed that the names of the candidates are 
in alphabetical order according to surnames. They will appear 
in this order on the ballot and the tally sheet is intended to cor¬ 
respond with the ballot in this respect. Tally the first choice 
vote of any candidate in the appropriate space on the left of the 
perpendicular column in which the names of the candidates 
appear and the second choice votes in the appropriate space on 
the right. 

Sec. 28. The counting of the ballots completed, the results 
shall be publicly proclaimed. Separate certificates for each of 
the political parties entering said primary and the results of 
said election shall be drawn up by said inspectors and clerks at 
each and every election district or precinct, which shall contain 
all matters and things provided for in the law' regulating gen- 









227 


eral elections, and, in addition thereto, in all cases where first 
and second choice ballots are voted, the number of first choice 
votes received by each candidate and the number of second 
choice votes received by each candidate. Said certificates in this 
respect shall be substantially in the following form. We hereby 
certify that 

A.Candidate for Governor received.first choice votes and 

.second choice votes. 

B.Candidate for Governor received.first choice votes and 

.second choice votes. 

C.Candidate for Governor received.first choice votes and 

.second choice votes. 


Inspectors. 

Said certificates shall be signed by each of the inspectors; 
one copy of the same shall be forthwith posted in a conspicuous 
place at such polling place. Copy shall be deposited with the 
proper committee or governing authority of each of the political 
parties participating in the primary at such place as the com¬ 
mittee or governing authority shall designate at which to re¬ 
ceive such returns. Another copy shall be mailed to the chair¬ 
man of the State executive committees of the political parties 
participating in said primary. 

Sec. 29. The sheriff of each county on the day of such pri¬ 
mary election shall be present in person or by deputy at each 
election precinct or voting districts where such elections are 
held and shall preserve good order. All duties imposed and 
powers conferred upon the sheriff in said county and district 
elections by this section are hereby imposed and conferred on 
the marshal or chief of police in all municipal primary elec¬ 
tions. Not more than one officer shall be allowed however to 
enter into the polling place. The sheriff shall also perform the 
duty of returning officer as in general election. It shall be his 
duty to return to the chairman of the county executive commit¬ 
tee or governing authority at the office of judge of probate at 
the county seat of each of the political parties participating in 
the election the ballot boxes and returns which have been deliver¬ 
ed to him by the officers of said election. Such ballot boxes and 
returns shall not be allowed to leave his possession and must be 
returned by him not later than Thursday noon following the 
election. It shall be the duty of the county executive committee 
or other governing authority of each of the political parties 















228 


participating in the said primary to be present at said time and 
place for the purpose of receiving said ballot boxes and returns 
and canvassing and declaring the results. Each and all of the 
persons failing to perform any of the duties herein required 
shall be guilty of a misdemeanor. 

Sec. 30. The county executive committee or governing au¬ 
thority of the parties participating in said primary shall at the 
time above named receive the returns, canvass the same and 
declare the results. First—In all cases where second choice 
voting is not provided for by this act, the candidate for office 
receiving a majority of the votes cast shall be declared nominat¬ 
ed for said office. Second—In cases where there is to be nomi¬ 
nated only one candidate for a particular office if such candi¬ 
date shall receive a majority of first choice votes he shall be de¬ 
clared nominated for such office. If no candidate shall receive 
such a majority of first choice votes, then the nomination of 
such office shall be between the two candidates receiving the 
highest number of first choice votes and shall be determined by 
adding to the first choice votes of said candidates the second 
choice votes which they respectively receive, the candidate thus 
receiving the greater number of first and second choice votes 
shall be declared nominated. Third—In cases where more than 
one nomination is to be made for any particular office the can¬ 
didate or candidates receiving the highest number of first choice 
votes cast for said office shall be declared nominated therefor 
provided the first choice votes received by said candidate or 
candidates shall be a majority of all the first choice votes cast 
for such office. In determining the number of votes cast for 
such office the total first choice votes received by all the candi¬ 
dates therefor divided by the number of candidates to be nom¬ 
inated for such office shall be taken as the total vote cast for 
such office. If no candidate or if any place or places be not 
filled in accordance with the above, the nomination shall be de¬ 
cided as follows: Twice as many candidates shall be considered 
as there are places to be filled if there be so many candidates 
and only those candidates receiving the highest number of first 
choice votes shall be considered and to the first choice votes of 
each of said candidates there shall be added the number of sec¬ 
ond choice votes as each of said candidates respectively re¬ 
ceived, the number of said candidates necessary to fill said of¬ 
fices who receive the highest number of aggregate of first and 
second choice votes shall be declared the nominee for said 
offices. 

Sec. 31. In the event that in any primary election held un¬ 
der the provisions of this act there shall be a tie vote cast, then 



229 


in such event such tie shall be decided by the chairman of the 
State committee or the chairman of the committee or other 
governing authority of the committee of the party of which said 
candidates were candidates and of the political subdivision in 
which such candidates were voted for. 

Sec. 32. No person entitled to vote under the rules of the 
political party holding such primary election, shall be arrested 
on the day of such election, unless it be for a felony, or a breach 
of the peace attempted or committed on that day; for such 
breach of the peace or attempted breach of the peace the sheriff, 
or his deputy, or in case of municipal primary the marshal or 
chief of police, may arrest, without pi’ocess and commit to jail 
until the offender shall give bond with good and sufficient sure¬ 
ty to be approved by the sheriff or marshal or chief of police as 
the case may be, for his appearance at the next term of the cir¬ 
cuit, city or county court, or municipal court, in case of munici¬ 
pal primary, to answer any charge that may be brought against 
him. 

Sec. 33. No ballots shall be counted until the polls are 
closed. Before counting any ballots or examining the same one 
of the official list of voters for each party participating in the 
primary shall be securely sealed in separate envelopes, and each 
of the inspectors shall write his name across every fold at which 
the envelope, if unfastened could be opened. After the count of 
the votes is finished and certificates of the result have been pre¬ 
pared, the inspectors shall seal up in a separate envelope all the 
ballots cast at such election, and shall place such ballots so 
sealed up in the proper party ballot box, together with one offi¬ 
cial list of voters as hereinabove provided, and shall also place 
in such box one tally sheet and one certificate of the result, and 
such box shall then be securely locked and sealed. The inspec¬ 
tors shall then in an envelope addressed to the chairman of the 
county committee or other governing authority of each political 
party participating seal one certificate of the result, one official 
list of voters and one tally sheet, and such envelope together 
with the property party ballot box shall thereupon be immedi¬ 
ately delivered to the returning officer, who shall keep the same 
securely in his possession and by noon of Thursday following 
the election carry and deliver the same to the chairmen of the 
county executive committee or other governing body of the par¬ 
ties participating in such primary election at the "office of the 
probate judge of the county. After the result has been can¬ 
vassed and declared the chairman of the executive committee or 
other governing body shall keep the ballot box securely, until it 



230 


is known that there will be no contest in any event not less than 
thirty days, and shall then destroy the contents of such box 
without examining the same, and such ballot box shall not be 
opened except in the event of a contest, and its opening be au¬ 
thorized under authority of the chairman of the executive com¬ 
mittee or other body, trying such contest. 

Sec. 34. The State executive committee or other governing 
authority of any party may for the purpose of filling vacancies 
which may occur in any nomination by death, resignation or 
otherwise or in case of special election provide for the holding 
of special primaries at such times as they may designate pro¬ 
vided that neither the State nor the counties shall be called 
upon to defray the expenses of the primary. If any such prima¬ 
ries are called or held they shall be held in the same manner 
subject to the same rules, instructions and penalties as are set 
forth herein for the holding of the general primaries herein pro¬ 
vided for. The State executive committee or other governing 
body of said party calling said special primaries may fix the 
time and provide for the giving of such notices as they deem 
best of the time for holding such special primary. 

Sec. 35. The State executive committee or other governing 
body of any political party may provide for State conventions 
or conventions of other subdivisions and may provide for the 
election of delegates to such conventions or other party officers 
at the general primary herein provided for. 

Sec. 36. Within not less than twenty nor more than sixty 
days after the announcement of such result for any office, the 
chairman of the State committee shall certify to the secretary 
of State of Alabama the name or names of each of such nomi¬ 
nees of such party as the candidate of such party in the general 
election for the office to which he is nominated. The chairman 
of each congressional executive committee, each judicial circuit, 
each chancery division, and each senatorial district or other 
political subdivision which embraces a district greater than one 
county, shall within not less than ten nor more than thirty days 
after the ascertainment of the result of his district, certify to 
the chairman of the State committee the nominees of the party 
for the several offices in his district as declared by the commit¬ 
tee of which he is chairman, and the said chairman of the State 
committee, within ten days thereafter, and at the same time he 
certifies the nominees of the party for the several State officers, 
shall certify to the secretary of State all nominees as shown 
by the certificates filed with him by the several chairmen of the 
political sub-divisions of the State greater than one county, 



231 


provided, that where any contest of a nomination is instituted 
as herein provided for, the declared nominee for such office 
shall not be certified to until after the final settlement of such 
contest. 

Sec. 37. The secretary of State, not less than thirty days 
nor more than sixty days prior to each general election, shall 
certify to the probate judge of each county in the State a sepa¬ 
rate lists of all the general nominees of each party to be voted 
for by the voters of such county. 

Sec. 38. All nominations held under this act may be con¬ 
tested within five days after the result has been declared in all 
county elections, and ten days in all other except State elec¬ 
tions, and in fifteen days in a State election, under the same 
conditions and on the same grounds as provided in the general 
election laws; said contest to be heard and tried by the county 
executive committee or other governing body in elections for 
county offices, and by the State committee in case of State 
officers, and district committee in the case of district officers 
and where there is no proper district committee then by the 
State executive committee. 

Sec. 39. The contest of any candidate for an office whose 
functions embrace the whole State or a political subdivision 
greater than one county, may be instituted by any qualified 
elector of said State or political subdivision legally partici¬ 
pating in such primary election upon the following grounds: 
malconduct, fraud, or corruption on the part of any inspector, 
clerk, marker, returning officer, board of supervisors, or other 
person. (2) When the person whose nomination to office is 
contest was not eligible thereto at the time of such nomina¬ 
tion. (3) On account of illegal votes. (4) On account of the 
rejection of legal votes. (5) Offers to bribe, bribery, intimida¬ 
tion, or other malconduct calculated to prevent a fair, free and 
full exercise of the elective franchise. 

See. 40. No malconduct, fraud, or corruption, on the part 
of any inspector, clerk, marker, returning officer, board of 
supervisors, or other person, nor any offers to bribe, bribery, 
intimidation, or other malconduct which prevent a fair, free 
and full exercise of the elective franchise can annul or set 
aside any nomination unless thereby the person declared nomi¬ 
nated, and whose nomination is contested, be shown not to 
have received the highest number of legal votes, nor must any 
nomination contested under the provision of this act be an¬ 
nulled or set aside because of illegal votes given to the person 
whose election'is contested, unless it appears that the number 



232 


of illegal votes given to such person, if taken from him would 
reduce the number of votes given to him below the number of 
legal votes given to some other person for the same office. Nor 
must any nomination be annulled or set aside because of the 
rejection of legal votes, unless it appears that such legal votes, 
if given to the person intended, would increase the number of 
legal votes to or above the number of legal votes received by 
any other person for the same office. 

Sec. 41. Any person examined as a witness may be required 
to answer if he voted at the primary election contested, and to 
answer his qualifications; and if he was not at such election 
a qualified voter, he may be required to answer for whom he 
voted. If he make full, true answers which may tend to crimi¬ 
nate him he shall not be prosecuted for voting at such election. 

Sec. 42. It shall be the duty of the judge of probate of any 
county upon the application of either party to any contest or 
his agent or attorney, to deliver to the party, his agent or at¬ 
torney, a certified copy of the registration lists and list of poll 
taxes (one or both) of his county, or any election precinct 
therein, upon the payment of his fees for certifying and copying 
same, at the rate fifteen cents a hundred words w’ritten by 
him in making such copy; and such copies, duly certified, shall 
be received as presumptive evidence of the facts therein stated, 
the registration lists that the persons therein named were 
duly registered and the poll tax lists that the persons therein 
named had paid poll taxes as therein stated, and any chairman 
of any committee or other authority in whose possession or 
control there is any poll lists of any such primary election shall 
furnish a copy of such poll lists for any precincts as may be 
required in writing by either party to a pending contest upon 
the applicant paying in advance the cost of preparing such copy 
or copies. 

Sec. 43. Any elector desiring to contest the nomination 
of any candidate declared the nominee to any office shall make 
a statement in writing, setting forth specifically: (1) The 
name of the party contesting and that he was a qualified voter 
when the primary election was held and participated in same. 
(2) The office which said election was held to fill, and the time 
of holding the same and the name of the person declared nomi¬ 
nated. (3) The particular grounds of said contest. This state¬ 
ment must be certified by the affidavit of such contesting party 
to the effect that the same is believed to be true. If the recep¬ 
tion of illegal votes is alleged as a cause of contest, it is a suffi¬ 
cient statement of said cause to allege that illegal votes were 



233 


given to the person whose nomination is contested, which, if 
taken from him, will reduce the number of legal votes given to 
him to or below the number of legal votes given to some other 
person for the same office. 

Sec. 44. No testimony must be received of any illegal votes, 
or of the rejection of any legal votes in any contest commenced 
under the provisions of this act unless the party complaining 
thereof has given to the adverse party notice in writing of the 
number of illegal votes and by whom given, and for whom given, 
and at what precinct or voting place cast, or the number of 
legal votes rejected, and by whom offered, and at what precinct 
or voting place they were not allowed to be cast, which he ex¬ 
pects to prove on the trial. Siich notice must be served per¬ 
sonally or left at the residence or usual place of business of the 
adverse party, at least five days before the taking of the testi¬ 
mony in reference to such votes. 

Sec. 45. Any contest of a nomination to any office voted 
for by the voters of one county must be commenced within five 
days after the result has been canvassed and declared by the 
county executive committee of the party holding such primary 
election, by filing a statement of contest with the chairman of 
such county committee and at the time of filing such contest, 
he must deposit with such chairman the sum of one hundred 
dollars in cash to be used by said county committee in paying 
the expenses of such contest as such expenses may be directed or 
authorized by said county executive committee. The person 
whose nomination is contested shall have five days after the 
filing of such contest within which to file with the chairman, 
his objections or answer to such contest. 

Sec. 46. The chairman of the county committee upon the 
filing with him of any contest as herein provided, shall within 
five days call said committee together at the county seat at a 
time not less than ten days nor more than twenty days after 
the filing of such contest, to hear and determine the same. 

Sec. 47. Either party to said contest shall have the right 
of an appeal to the State executive committee from the final 
decision of the county committee upon the same. Notice of 
such appeal must be filed with the chairman of the county com¬ 
mittee and also with the chairman of the State committee with¬ 
in ten days after determination of such contest by the county 
committee, and at the time of filing with the chairman of the 
State committee his notice of appeal, such appellant shall de¬ 
posit with the chairman of the State committee the sum of one 
hundred dollars to cover such costs and expenses as may be 



234 


incurred by the State committee to hear and determine said 
appeal and upon the filing of any such appeal the chairman of 
the county committee from whose decision the appeal is taken, 
shall certify to the chairman of the State committee immedi¬ 
ately upon receiving notice of such appeal, a transcript showing 
a complete record of the proceedings before the county commit¬ 
tee in such contests and also a statement of the substance of the 
testimony of each witness taken in the trial of the contest before 
the county committee, and such statement may be offered in evi¬ 
dence upon the hearing of the appeal by either party to the 
contest. But additional evidence may also be offered by either 
party to the appeal. 

Sec. 48. The chairman of the State executive committee 
shall call said committee to meet at a time not less than ten 
days nor more than forty days from the time of the filing of 
any such appeal, for the purpose of hearing and determining 
the same, and upon a final determination of said appeal the 
chairman of such State executive committee shall issue to the 
county executive committee from which the appeal was taken 
the order or judgment of such State committee upon the appeal, 
and said county executive committee shall immediately act 
thereon in accordance with the terms of such order, decree or 
judgment. And upon the failure or refusal of such county 
committee to comply with the terms of such order or judgment 
within the time named in such order or judgment then such 
State executive committee if it be then in session, otherwise the 
chairman of such State executive committee is hereby vested 
with full and complete authority to take such measures or adopt 
such steps as it may desire to carry out such order or decree 
and invested with all the powers of such county committee or 
its chairman in so far as such powers may be necessary or con¬ 
venient in carrying out such order or judgment. 

Sec. 49. Any qualified elector participating in any primary 
election held under the provisions of this act, may contest the 
nomination to any State office or to any office whose functions 
embrace a political subdivision by filing with the State execu¬ 
tive committee or the executive committee of any political 
subdivision as the case may be, his statement of contest on any 
of the grounds set out in section 43 for the contest of county 
nominations, and the statement of the grounds of contest shail 
also include a statement setting forth specifically the following r 
(1) The name of the person contesting the nomination and 
that he was a qualified voter at the time of and participated in 
the primary election wherein such nomination was made. (2) 



235 


The office which said primary election was held to fill and the 
time of holding the same and the name of the party nominated. 
(3) The particular grounds of said contest. This statement 
must be verified by the affidavit of such contestant to the effect 
that the same is believed to be true. If the reception of illegal 
votes is alleged as a cause of contest it is a sufficient statement 
of said cause to allege that illegal votes were given to the person 
whose nomination is contested, which, if taken from him, will 
reduce the number of legal votes given to him to or below 1 the 
number of legal votes given to some other person for the same 
office. 

Sec. 50. That if such contest be of any State senatorial 
nomination where the district is greater than one county, the 
contestant at the time of filing his statement of contest shall 
deposit with the chairman of his senatorial district, if there be 
one, if not, with the chairman of the State executive committee, 
the sum of twenty-five dollars for expenses of such contest to be 
used as such committee may direct If the contest be of the 
nomination for chancellor or judge of any court of record, whose 
district or circuit is greater than one county, the contestant 
shall at the time of filing such statement of contest deposit the 
sum of sixty-two and 50/100 dollars with the chairman of the 
committee trying the contest. If it be of a nomination to con¬ 
gress the contestant shall file with the chairman of the con¬ 
gressional committee, if there be one, if not, with the chairman 
of the State committee, at the time of filing his contest, the 
sum of one hundred and twenty-five dollars for the purpose of 
paying such expense of the contest as such committee may di¬ 
rect, and if it be the contest of any State office then the con¬ 
testant shall deposit with the chairman of the State committee 
at the time of filing his contest the sum of two hundred and 
fifty dollars for the expense of such contest as may be author¬ 
ized by the committee, and in addition to the above amounts 
herein required to be deposited at the time of filing contest, the 
State committee or governing body of any political subdivision 
may from time to time require the deposit of additional amounts 
for the purpose of paying the expenses incident to such contest, 
but in no case shall the amount required by said committee or 
governing body be more than four times the respective amounts 
above required. Provided, however that the contestant for the 
nomination of any county office shall not be required to deposit 
any amount in excess of seventy-five dollars. The person whose 
nomination is contested shall at once be notified by such chair¬ 
man in writing of such fact and such contestee shall have ten 
days after the receipt of such notice of such contest within which 



236 


to file with the chairman of said State committee or other 
committee or governing body of the party of his objections and 
answers to the statement of contest. Either party to any con¬ 
test not first heard by the State executive committee shall have 
the right of appeal to the State executive committee from any 
final judgment of any other committee but at the time of filing 
such appeal shall deposit with the chairman of the State com¬ 
mittee the same amounts as herein required for the institution 
of contest. 

Sec. 51. State executive committee or governing body of 
any political subdivision of the State greater than one county 
shall, upon the filing of a contest with the chairman, be called 
by such chairman to meet at a time not less than ten days nor 
more than forty days from the time of filing such contest for 
the purpose of hearing and determining the same. 

Sec. 52. Upon the final hearing of any such contest, if 
the committee determines who is the legal nominee for any 
pffice it shall make a declaration of its judgment upon the 
question, and the chairman of the State committee within ten 
days thereafter shall certify to the secretary of State the name 
of the party declared to be the nominee to such office. 

Sec. 53. If upon the hearing of any contest for any office, 
as provided for in this act, the committee, after an investigation 
and hearing of the contest, shall determine that it is impossible 
from the evidence before it to decide who is the legally nomi¬ 
nated candidate for the office contested, it shall have the right 
and authority to direct a new primary election for the nomina¬ 
tion to any such office, but where any action is taken by any 
county committee or by the committee of any political subdi¬ 
vision less than the whole State, either person to the contest 
in the same manner as is herein provided for in the case of ap¬ 
peals from the action of any county committee, may take an 
appeal to the State executive committee, which shall be* the 
court of final appeal in all party contests of nominations; pro¬ 
vided, that upon the hearing of any contest or appeal, as pro¬ 
vided for in this act, one-third of the members of any such 
State executive committee shall constitute a quorum for the 
hearing of such contest or appeal, provided further, that the 
entire committee be notified of the meeting in the usual way. 

Sec. 54. The State executive committee in cases of State 
offices and the executive committee of any political subdivision 
of the State or other governing body as the case may be, but 
subject to the approval of and in accordance with the method 
prescribed by the State executive committee, where vacancy 



237 


may occur, in any nomination, either by death, resignation, 
revocation or otherwise, or in case of any special elections, shall 
have authority to fill such vacancy either by action of the com¬ 
mittee itself, or by such other method as such committee or 
governing body may see fit to, provided. 

Sec. 55. The State executive committee shall prescribe such 
other additional rules governing contests and other matters of 
party procedure, as it may deem necessary not in conflict with 
the provisions of this act. 

Sec. 56. The chairman of any such committee before which 
may be pending any contest as herein provided shall have au¬ 
thority to administer oaths to witnesses in such contests and to 
summon persons and officers to be and appear before him; pro¬ 
vided, that the person who desires the summoning of any wit¬ 
nesses at the time he makes request of the chairman of such 
committee to summon any witness shall deposit with the chair¬ 
man of such committee, in cash, sufficient money to pay the cost 
of summoning any such witness. And also to pay such witness 
the sum of one dollar per day while attending upon such com¬ 
mittee and the sum of three cents per mile each way in coming 
and returning from attendance upon such committee; and all 
witnesses summoned to testify in any contest pending before 
any committee shall be paid at the rate of one dollar per day 
and three cents per mile as herein provided for; provided, that 
any party to the contest may file with the chairman an instru¬ 
ment in writing signed by any such desired witness waiving his 
right to claim such per diem and mileage, in which event the 
chairman shall not require a deposit for the payment of such 
witness fees but only for the expense of summoning him. 

Sec. 57. Upon the filing of any contest as herein provided 
the executive committee before whom any such contest is pend¬ 
ing, if in session, or the chairman of such committee, if it is 
not in session, may appoint a commissioner upon the request 
of either party for the purpose of taking testimony in such 
contest, and such commissioner shall take such testimony as he 
may be directed to take by the chairman of such committee, and 
five days notice of the time and place when such commissioner 
expects to take such testimony and the name of the witnesses 
to be examined shall be served upon the opposite party to the 
contest; each party to the contest may be represented before 
such commissioner, but before any such commissioner is ap¬ 
pointed the party desiring the appointment made shall deposit 
with the chairman of such committee sufficient funds to pay the 
expenses and fees of such commissioner, and the fees and mile- 



238 


age of any witnesses which may he summoned before such com¬ 
missioner. And such commissioner when appointed shall for 
the purpose of the contest in which he is to take testimony have 
authority to summon witnesses to appear before him in such 
contest and to administer oaths to such witnesses, and shall 
have all the authority vested in a justice of the peace to punish 
for contempt. But such commissioner shall not be of kin to 
either party to the contest. 

Sec. 58. That nothing herein shall be construed to prohibit 
any executive committee of a party from fixing assessments or 
other qualifications as it may deem necessary for any person 
desiring to become a candidate for any office in any such pri¬ 
mary election. Provided that such assessment shail never be 
in excess of four per centum of the first year’s salary in the 
case of all salaried officers, and iml greater than thirty-five 
dollars for all county officers not otherwise specified in all 
regular elections, and regular primaries. 

Sec. 59. In the hearing of any contest before any commit¬ 
tee under the provisions of this act, such committee, through 
its chairman, or through such other authority as may be desig¬ 
nated, shall have authority to summon witnesses to appear be¬ 
fore it or before any sub-committee appointed by it, in the hear¬ 
ing of any contest pending before such committee, and can 
require any witnesses by a subpoena duces tecum to produce 
any books, papers, poll lists, tally sheets, ballots, certificates or 
other documents which it may consider necessary to a rightful 
determination of the case. Any such witness who lives more 
than forty miles from the place where such contest is to be 
heard or tried at the time he is summoned, shall be furnished 
the amount of his railroad fare going and coming to attend 
upon such committee. 

Sec. 60. Any person who violates any of the provisions of 
this act for which a penalty is not herein otherwise provided, 
shall be guilty of a misdemeanor, and, upon conviction, shall 
be punished by a fine of not less than fifty ($50.00) dollars and 
not more than five hundred dollars, and may also be imprisoned 
in the county jail or sentenced to hard labor for the county 
for not more than six months at the discretion of the court. 

Sec. 61. That all laws, general, local, or special, in conflict 
with this act, be and the same are hereby repealed. 

Sec. 62. Every section of this act and every part of each 
section are hereby declared to be independent sections and 
parts of any section, and the holding of any section or part 



239 


thereof, to be void, ineffective or unconstitutional for any cause 
shall not affect the other sections or parts thereof. 

Sec. 63. This act shall take effect upon its approval. 
(Unsigned by the Governor.) 


No. 95.) ( s - 38—Lusk. 

AN ACT 

To fix and prescribe the salary of the Governor of Alabama and the manner 
of paying the same. 

Section 1. Be it enacted by the Legislature of Alabama , 
That from and after the term for which the present Governor 
was elected the salary of the Governor of Alabama shall be five 
thousand dollars per annum payable monthly by warrant of the 

State auditor. . 

Sec. 2. That all laws and parts of laws in conflict with this 

act be and they are hereby repealed. 

(Unsigned by the Governor.) 


No. 116.) (H. 491 Welch. 

AN ACT 

To provide for the registration of electors. 

Be it enacted by the Legislature of Alabama : 

Section 1. Registrars, Appointment of.—Registration shall 
be conducted in each county by a reputable and suitable person, 
to be appointed by the Governor, State auditor and commis¬ 
sioner of agriculture and industries, or by a majority of them 
acting as a board of appointment, and who must be also quali¬ 
fied electors and residents of the county, and who shall not hold 
an elective office during their terms. 

Sec. 2. Terms of Office.—The registrars so appointed shall 
hold office for four years and until their successors are ap¬ 
pointed. 

Sec. 3. Vacancies of Registrars; How Filled.—If one or 
more of the persons appointed on such board of registration 
shall refuse, neglect, or be unable to qualify or serve, or if a 
vacancy or vacancies occur in the membership of the registrar 
from any cause, the Governor, State auditor and commissioner 
of agriculture and industries, or a majority of them acting as a 



240 


board of appointment, shall make other appointments to fill 
such board. 

Sec. 4. Fees, Compensation of Registrars.—Each registrar 
shall receive three dollars per day, to be paid by the State, and 
disbursed by the several judges of probate, for each day’s 
attendance upon the sessions of the board. 

Section 5. Oath of Registrars.—Before entering upon the 
performance of the duties of his office, each registrar shall take 
the same oath as required of the judicial officers of the State, 
which oath may be administered by any person authorized to 
administer oaths. The oath shall be in writing and subscribed 
by the registrar, and filed in the office of the judge of probate 
of the county. Said registrars are judicial officers and shall 
act judicially in all matters pertaining to the registration of 
applicants.* 

Sec. 6. The registrar shall meet in a county seat of each 
county on the second Monday in August, 1915, and in qvery 
year thereafter shall meet at said county seat on the first 
Monday of February for purging the registration list of the 
names of those who have died, become non-residents of the State 
or county, become insane and then so declared by inquisition 
of lunacy, or who have been convicted of any offense mentioned 
in section 182 of the Constitution, since being registered, or 
otherwise disqualified as electors under the provisions of the 
Constitution, and any names which may have been fraudu¬ 
lently entered on such lists shall be stricken from the registra¬ 
tion list. At said meeting, the registrar shall also examine the 
registration lists which have been returned by them to the office 
of the judge of probate of the county in so far as the same 
relates to the registration of voters in precincts, the boundaries 
of which have been changed or which have been divided or sub¬ 
divided into election districts since the return of said list to the 
office of the judge of probate, and shall determine from this 
examination and from other available information the residence 
of the persons named in said lists so that a new list may be 
made therefrom which will state the residence of the persons 
registered bv election precincts and also by election districts. 

Sec. 7. At such meeting above provided for there shall be 
allowed to be present one person to be selected by the chairman 
of the county executive or other principal county committee 
of any political party, and such persons shall have the right to 
present to the registrar any names which they claim should for 
any of the reasons set forth as causes for purging the lists in 
the section just preceding be stricken from the lists. 



241 


Sec. 8. At such meeting any legal voter in said county may 
present to such board an affidavit made before any person 
authorized by the laws of this State to administer oaths stating 
in substance that the person or persons in said affidavit named 
are for a cause therein stated not legal voters, and requesting 
that the names of said persons be stricken from the registration 
lists. 

Sec. 9. It shall also be the duty of said registrar to make 
a list of the names appearing on said registration lists which in 
their opinion for legal causes should be stricken therefrom. 

Sec. 10. When the name of any elector is proposed to be 
stricken from the registration lists either by the person repre¬ 
senting a political party or by the affidavit of a legal voter, or 
by the registrar, a notice shall thereupon issue citing him to 
appear before the board on the fourth Monday of October, 1915, 
following, and thereafter in each year on the fourth Monday 
in February, and show cause why his name should not be 
stricken from the list. Said notice shall be served by the sheriff 
of the county at least five days before the said fourth Monday 
in October, 1915, and the said fourth Monday of February of 
each year thereafter. The sheriff of said county shall make 
return of said notice within ten days after the same has been 
placed in his hand for service. Said return shall state the time 
of service, if service was secured, and if not found, shall state 
“not found,” and such reason as the officer attempting to 
serve such paper has for such return. It shall then be the duty 
of said registrar to publish in some newspaper of general circu¬ 
lation, published in said county, a list of the names proposed to 
be stricken, the notices to whom were returned not found by 
the sheriff, and notifying such persons to appear on the Mon¬ 
day following said fourth Monday showing cause why their 
names should not be stricken from the lists, and that upon their 
failure so to appear, their names would be stricken from the 
list. 

Sec. 11. On the fourth Monday of October, 1915, and on the 
fourth Monday of February of each year thereafter, the board 
shall proceed to consider the case of each elector whose name 
it is proposed to strike from the registration list, and determine 
the same, provided that on the demand of any person whose 
name is proposed to be stricken from the list a trial by jury 
may be had and the board shall forthwith certify the proceedings 
to the circuit clerk or clerk of a court of like jurisdiction, who 
shall docket the case in the circuit court of the county or other 
court of like jurisdiction. The solicitor shall represent the 



242 


State in the trial of said cause. Said board shall strike from 
the registration lists on said hearing the names of those who 
have been returned not found by the sheriff and who do not 
appear, and those and whose names have been published in ac¬ 
cordance with section 10 above, and who failed in accordance 
with such notice by publication to appear shall be stricken from 
said list on the Monday following said fourth Monday. 

Sec. 12. The registrar shall enter upon a book to be fur¬ 
nished by the secretary of State at the expense of the State for 
that purpose the names, in alphabetical order by precincts, and 
where any precincts have been divided or subdivided into dis¬ 
tricts, by districts, of all electors stricken from the registra¬ 
tion lists, and within two weeks after each meeting for purging 
on the hearing provided for above the registration lists shall 
file the same in the office of the judge of probate. On the filing 
of said book, the judge of probate shall strike all said names 
from the list in his office and shall not again send them out to 
the inspectors. 

Sec. 13. The registrar at such meetings shall enter on a 
book to be furnished by the secretary of State at the expense of 
the State for that purpose, the names, in alphabetical order, 
by election districts, of all electors, by districts where any elec¬ 
tion precincts have been divided or subdivided into districts, 
and shall give as accurately as possible the address of said elec¬ 
tors and within two weeks after such meetings shall file the 
same in the office of the judge of probate. On the filing of said 
book, the judge of probate shall make therefrom an alphabetical 
list of the names thereon, stating the residence of the person 
registered by districts, which alphabetical list shall be substi¬ 
tuted for and take the place of the lists in the office of said 
judge of probate of the county covering the precincts which 
covered and included said districts. 

Sec. 14. The judge of probate shall from the registration 
list heretofore and hereafter returned to his office, including 
those registered prior to January 1, 1903, and excluding those 
names stricken therefrom, as shown by the lists returned to 
him under section 12 above, make correct alphabetical lists of 
all the electors registered by precincts and by districts of pre¬ 
cincts where precincts have been divided or subdivided, which 
list shall be certified by him officially to be a full and correct 
copy of the list of registered electors for each precinct, and 
where a precinct has been divided or subdivided, for each dis¬ 
trict of each precinct respectively, as the same appears from 
the returns of the registrar on file in his office. Said judge of 



243 


probate shall after the first day of February, 1916, and of each 
year thereafter, compare such official list of registered electors 
with the poll tax lists which have been furnished him by the 
tax collector, and shall ascertain from such comparison the 
names of such persons on the official lists of registered electors 
who have failed to pay any poll tax for which they are legally 
due, and by such comparison and other available information, 
said judge of probate shall make correct alphabetical lists of all 
of the qualified electors registered by precincts and of districts 
of precincts where precincts have been divided or subdivided, 
and who have paid all poll tax due. Said lists so made up shall 
be published by him in some newspaper with a general circula¬ 
tion in said county on or before the 15th day of April, 1916, and 
of each year thereafter, and together with said lists there shall 
also be published a certificate that said list constitutes the cor¬ 
rect list of all qualified electors who will be entitled to vote in 
any elections held in said county from the time of said publica¬ 
tion until the first day of May of the next succeeding j r ear, 
and also a notice that any voter duly registered whose name 
has been inadvertently or through mistake omitted therefrom 
and who has paid all poll taxes due and who is legally en¬ 
titled to vote shall have ten days from said publication to have 
his name entered upon said list of qualified voters. If within 
such ten days any voter shall reasonably satisfy said judge of 
probate by proper proof that his name should be added to Wh 
list, his name shall be added thereto. An alphabetical list by 
districts and precincts of those so added within said ten days 
shall be prepared and published by said judge of probate in some 
newspaper with a general circulation in said county on or before 
the first day of May, 1916, and of each year hereafter. The al¬ 
phabetical list of voters published by said judge of probate on or 
before the fifteenth day of April, together with the names added 
and published on or before the first day of May, shall be the 
official list of qualified voters in said county and for the dis¬ 
tricts and precincts therein for the next ensuing year, until a 
new list is published, and no person whose name does not there¬ 
on appear shall be allowed to vote nor shall he be allowed to 
vote except in the precinct, or if the precinct has been divided 
into districts in the district in which his name on said list 
appears unless such person complies with the qualifications 
prescribed by law for challenged voters. That for services 
rendered in comparing, making, certifying to, and seeing to the 
publishing of said lists, the probate judge shall be paid out of 
the county treasury five cents for each name which appears on 



244 


said list. Said probate judge shall, at the time of the publica¬ 
tion of said lists, arrange for the printing of a sufficient number 
of copies of said official list by election districts and precincts, 
so that he may deliver to the inspectors at each voting place 
of all elections to be held in said county, during the next suc¬ 
ceeding year and until a new list is published two printed 
copies of said list, and so that he may have on hand in his 
office for those who may call for the same, printed copies of such 
list. The number of copies so printed by the probate judge 
shall, in no instance, exceed two thousand copies, nor be less 
than five hundred copies. The publication and printing of said 
list shall be paid for by the county out of the county treasury. 
Each probate judge shall deliver or cause to be delivered, to the 
inspectors at each voting place, immediately preceding each 
election, hvo copies of that portion of the printed lists of the 
voters in such election precinct, or where the precinct has been 
subdivided in such election district, and where in said election 
there is participating more than one party, there shall be deliv¬ 
ered one additional copy for each additional party partici¬ 
pating. Said judge of probate shall certify that each of said 
lists so furnished is a correct official list of voters as the same 
appears of record in his office. 

Sec. 15. The registrar in each county shall visit each pre¬ 
cinct except the precinct in which is located the county site, at 
least once, and oftener if necessary, between November 15,1915, 
and January 1, 1916, and each two years thereafter, and shall 
remain there at least one day from eight A. M. until sunset, and 
shall sit at the court house at the county site from January 1, 
1916, to January 5,1916, to make a complete registration of all 
persons entitled to register. They shall give at least twenty 
days’ notice of the time wiien and the place and the precinct 
where they will attend to register applicants for registration 
by bills posted at three or more public places in each election 
precinct, and by advertisement once a week for three successive 
weeks in a newspaper, if there be one published in the county. 
Upon failure to give such notice or to attend any appointment 
made by them in any precinct, they shall, after like notice, file 
new appointments therein; but the time consumed by the board 
in completing such registration shall not exceed forty working 
days in any county except that in counties having more than 
'50,000 population, as shown by the last preceding census, the 
time shall not exceed sixty days. 

Sec. 16. No person shall be registered except at the county 
site or in the precinct or district where he resides. 



245 


Sec. 17. The registrars shall issue to each person registered 
a certificate of registration. 

Sec. 18. The time and place of meeting of board where 
there are two court houses.—Where there are two court houses 
in a county, 'the registrars may divide the time fixed for sitting 
at the county site between the two court houses as they deem 
best and they shall give twenty days’ notice by bills posted at 
each of the court houses, designating the time and place at 
which they will sit. If there are more than two court houses, 
the registrars shall select the two court houses at which they 
shall sit and shall give notice as above provided. 

Sec. 19. Examination and Oath of Applicant to Register. 

The registrar shall have power to examine, under oath or af¬ 
firmation all applicants for registration, and to take testimony 
touching the qualifications of such applicants. Each member 
of such board is authorized to administer the oath to be taken 
by the applicants and witnesses, which shall be in the following 
form and subscribed by the person making it, and preserved by 
the board namely: ‘I do solemnly swear (or affirm) that in 
the matter of the application of. for registra¬ 

tion as elector, I will speak the truth, the whole truth, antf noth¬ 
ing but the truth, so help me God.”.. 

Sec. 20. If any legal voter by affidavit duly sw r orn to be¬ 
fore some officer authorized by the laws of this State to make 
affidavits, swears that in his opinion and belief any applicant 
for registration is not legally qualified to register, such appli¬ 
cant shall not be registered, but a day shall be set, not exceeding 
ten days from the time such application was made, to deter¬ 
mine his qualifications. Notice of such day shall be given both 
to the applicant and to the voter filing such affidavit. Upon 
the day set, the registrars shall hear such evidence as is offered 
by either party in reference to the qualifications of such appli¬ 
cant, and shall determine whether or not the applicant is quali¬ 
fied to register. 

Sec. 21. Persons qualified to register.—The following per¬ 
sons, and no others, who, if their place of residence shall remain 
unchanged, will have, at the date of the next general election the 
qualifications as to residence prescribed by section 290 of the 
Code, shall be qualified to register as electors, provided they 
shall not be disqualified under section 293 of the Code. 
1st. Those who can read and write any article of the Constitu¬ 
tion of the United States in the English language, and who are 
physically unable to work; and those who can read and write 
any article of the Constitution of the United States in the Eng- 





246 


lish language and who have worked or been regularly engaged 
in some lawful employment, business or occupation, trade or 
calling for the greater part of the twelve months next preceding 
the time they offer to register, and those who are unable to read 
and write, if such inability is due solely to physical disability; 
or 2nd. The owner in good faith in his own right, or the 
husband of a woman who is the owner in good faith in her own 
right of forty acres of land situated in this State, upon which 
they reside; or the owner in good faith in his own right, 
or the husband of any woman who is the owner in good faith 
in her own right of real estate situated in this State, assesed 
for taxation at the value of three hundred dollars or more, or 
the owner in good faith, in his own right, or the husband of any 
woman who is the owner in good faith in her own right, of 
personal property in this State assessed for taxation for three 
hundred dollars or more; provided that the taxes due upon such 
real or personal property for the year next preceding the year 
in which he offers to register shall have been paid, unless the 
assessment shall have been legally contested and is undeter¬ 
mined. 

Sec. 22. If it appears to the registrar that an applicant for 
registration has all the qualifications set forth in section 21 
except said applicant is not twenty-one years of age, but will 
become twenty-one years of age before the registrar will convene 
again and before another election in said county, the said reg¬ 
istrar shall require such applicant to make affidavit before 

them in substance as follows: “I,., being 

duly sworn, do depose and say that my full name is-- 

____; that I will become twenty-one years of 

ago on the_day of.; that I reside at 

-; that I am now employed by.; 

who is in business at...; that my nearest living 

relative is., who resides at.” 

Said applicant shall also produce a legal voter who is known 
to at least one of the registrars, who shall make and subscribe 

before the registrar to the following affidavit: “I,., 

being duly sworn, depose and say that I am a legal voter; that 

I know.who has made the foregoing affidavit 

as to his age; that I know the facts stated in said affidavit are 
true.” Upon both of said affidavits being made and subscribed 
to before the said registrar, and subject to an affidavit of chal¬ 
lenge being made thereto, as in other cases, the name of said 
applicant shall be placed upon the registration list. 

Sec. 23. Applicant may be refused.—Any person making 
application to the registrar for registration who fails to estab- 















247 


lish by evidence to the reasonable satisfaction of the registrar 
that he is qualified to register, may be refused registration. 

Sec. 24. Majority of the board a quorum. The action of a 
majority of the registrars shall be the action of the board, and 
a majority of the board shall constitute a quorum for the trans¬ 
action of all business. 

Sec. 25. Right of appeal from registrars.—Any person to 
whom registration is denied shall have the right of appeal, with¬ 
out giving security for cost, within thirty days after such 
denial, by filing a petition in the circuit court or court of like 
jurisdiction held for the county in which he seeks to register, 
to have his qualifications as an elector determined. Upon the 
filing of the petition, the clerk of the court shall give notice 
thereof to any solicitor authorized to represent the State in 
said county, who shall appear and defend against the petition 
on behalf of the State. Upon such trial the court shall charge 
the jury only as to what constitutes the qualifications that 
entitle the applicant to become an elector at the time he ap¬ 
plied for registration, and the jury shall determine the weight 
and effect of the evidence and return a verdict. From the judg¬ 
ment rendered an appeal will lie to the supreme court in favor 
of the petitioner, to be taken within thirty days. Final judg¬ 
ment in favor of the petitioner shall entitle him to registration 
as of the date of his application to the registrars. 

Sec. 26. Not required to register.—No person registered as 
an elector shall again be required to register unless his place of 
residence is changed. 

Sec. 27. Registration books, forms and blanks furnished 
by the secretary of State.—The secretary of State shall, at the 
expense of the State, have prepared and furnished to the regis¬ 
trars and judges of probate of the several counties a sufficient 
number of registration books and of blank forms of oath, 
certificates of registration, and of notices required to be given 
registrars. The cost of publication of the notices required to 
be given by the registrars shall be paid by the State, the bills 
therefor to be rendered to the secretary of State and approved 
by him. 

Sec. 28. Registered on change of county or residence.— 
Any elector who registered prior to January 1, 1903, who has 
changed his residence shall be registered on application on 
production of his certificate, unless he has since become dis¬ 
qualified. 

Sec. 29. Any applicant for registration must be required 
to make an affidavit in writing before the registrars in the fol- 



248 


lowing form: “I do solemnly swear (or affirm)—1. I know 
of no reason why I am not entitled to vote; 2. I am generally 
known by the name under which I now desire to vote, which is 

.; 3. My occupation is .-5 

4. My residence is.; (if in city or town, give 

street number) ; 5. During the last six months, I have resided 

.; 6. I am engaged in the following business 

or employment:.; 7. The name of my present 

employer is .; and his business address is 

--; I was born at.on the 

.day of.; 8. That .. 

and _ have personal knowledge of mv resi¬ 
dence in . precinct for three months past.” 

Any applicant for registration who refuses to sign and sub¬ 
scribe to such affidavit shall not be entitled to register. Any 
applicant who cannot write his name shall subscribe to said 
affidavit by mark duly witnessesed. It shall be the duty of the 
secretary of State, at the expense of the State, to furnish the 
registrar sufficient affidavit blanks in form as above described. 

Sec. 30. The registrar shall arrange affidavits taken of 
applicants alphabetically and by precincts and shall return 
the same to the office of the judge of probate of the county. The 
same shall be kept as records in the office of the judge of pro¬ 
bate of the county, and be open to public inspection. 

Sec. 31. The registrar shall, each year, within two weeks 
after January 15, make a copy of the list of names registered, 
stating the residence of the persons registered by precincts, and 
where precincts have been subdivided into districts by dis¬ 
tricts or precincts, which copy, along with the registration lists 
must be returned to the office of the probate judge of the 
county. The judge of probate shall certify an alphabetical list 
to the secretary of State. The probate judge shall keep both 
the original list filed by the registrars and the alphabetical 
list made therefrom as records in the office of the probate judge 
of the county, and same shall be open to public inspection. 

Sec. 31 Yo. That in case of sickness or other disability of 
the registrar, the registrar on the approval of the probate judge 
may appoint a deputy registrar to act in the place of the reg¬ 
istrar pending his sickness or disability, provided, however, 
that in no case shall more than one salary be paid. 

Sec. 32. All laws and parts of laws in conflict herewith 
are hereby expressly repealed. 

Sec. 33. This act shall take effect upon its approval. 

(Unsigned by the Governor.) 
















249 


No. 130.) (H. 148—Tarrant. 

AN ACT 

To abolish all excise commissions in the State of Alabama and to provide 
for the performance of the duties and exercise of the powers of the 
members of such excise commissions by the governing bodies of the 
towns or cities or counties wherein or for which said commissions exist. 

Section 1. Be it enacted by the Legislature of Alabama, 
That all excise commissions in the State of Alabama existing 
for the purpose of supervising and regulating the liquor traffic 
in or for any of the towns or cities of this State be and the 
same are hereby abolished. 

Sec. 2. That all the powers and duties of such excise com¬ 
mission or the members thereof in the regulation or supervision 
of the liquor traffic in any county, city or town of the State 
shall be exercised and performed by the governing body thereof, 
whether the same be the court of county commissioners, board 
of revenue, or other similar body by whatsoever name called, or 
the city council, or the town council, or city or town commis¬ 
sion or other similar body by whatsoever name called and that 
the judge of probate, president or chairman of the board of rev¬ 
enue, or persiding officer of any other similar body by whatso¬ 
ever name called, shall in counties and the mayor or chairman 
or president of the city or town commission or presiding officer 
of any similar body by ivhatsoever name called, shall in cities 
and towns, exercise the powers heretofore exercised by the chair¬ 
man or president of the excise commission, and that such gov¬ 
erning bodies shall so act in the regulation and supervision of 
the liquor traffic so long and only so long as it shall remain 
lawful to sell or otherwise dispose of intoxicating, spirituous, 
vinous or malt liquors in such towns or cities. Such service 
shall be performed by such municipal governing bodies without 
other or further compensation than that received by them as 
municipal officers. 

Sec. 2That the respective excise commissioners of this 
State are hereby directed and required to immediately turn over 
to the persons or bodies on whom the powers and duties former¬ 
ly exercised by them have by this act been conferred, all papers, 
documents, records, moneys, properties and things held by them 
or under their control that in any manner appertain to such 
excise commissions or commissioners. 

Sec. 2%. That all laws or parts of laws, special or general, 
in conflict with the provisions of this act are hereby repealed. 



250 


Sec. 3. That this act shall take effect from and after its pas¬ 
sage and enactment into law, the public welfare requiring it. 
“Provided, that the provisions of this act shall not take effect 
in any county or counties of the State having a population of 
between eighty thousand and eighty-one thousand, as shown by 
the Federal census of 1910, until midnight of the 30th day 
of June, 1915.” 

Passed over the veto of the Governor July 17, 1915. 


No. 171.) H. 493—Welch. 

AN ACT 

Relating to elections and to limit, regulate, control and restrict campaign 
and other expenditures in connection with elections, and to require cer¬ 
tain statements to be made of campaign expenditures; to require certain 
duties of certain committees and persons in connection with such cam¬ 
paign expenditures; to define, prevent and punish certain offenses and 
corrupt practices in connection with elections. 

Be it enacted by the Legislature of Alabama: 

Section 1. Any one or more persons who shall be elected, 
appointed, chosen or associated for the purpose wholly or in 
part of directing the raising, collection or disbursement, and 
every two or more persons who shall co-operate in the raising, 
collecting or distribution, or in controlling or directing the 
raising, collecting or disbursement of money used or to be used 
to further or defeat the nomination or election of any person 
or any class or number of persons to public office by popular 
vote, or in support of or in opposition to any measure or prop¬ 
osition submitted to popular vote, shall be deemed a political 
committee within the meaning of this act. 

Sec. 2. That the word candidate in this act means any 
person who has announced to the public that he is a candidate 
for election or nomination to any public or party office. 

Sec. 3. The word election in this act means any election 
in which there is submitted to the popular vote the names of 
any persons for nomination or election to any office, or in which 
there is submitted to the popular or party vote any measure or 
proposition. 

Sec. 4. Any person is guilty of a corrupt practice if he 
directly or indirectly by himself or through any other person 



251 


or through any political committees, in connection with or in 
respect of any election, pays, lends or contributes or offers or 
promises to pay, lend or contribute, any money or other valu¬ 
able consideration for any other purpose than the following 
matters and services at their reasonable bona fide and custom¬ 
ary value: For his travelling expenses while campaigning; 
fee for qualifying; stenographic work; clerks at his campaign 
headquarters to address, prepare and mail campaign literature; 
telegrams; telephone; postage; freight; express; stationery; a 
list of voters; office rent; newspaper advertising; preparation, 
printing and publication of posters, lithographs, banners, no¬ 
tices and literary material, reading matter, cards and pamph¬ 
lets; the compensation of agents to supervise and to prepare 
and distribute such articles and advertisements; the rent of 
halls in which to address the voters; the hire of bands or musi¬ 
cians and the reasonable travelling expenses of his agents, 
clerks and speakers. Any payment, contribution or expendi¬ 
ture, or agreement or offer to pay, contribute or expend any 
money or thing of value for any purpose whatsoever except as 
herein provided is hereby declared to be a corrupt practice. 

Sec. 5. The total amount expended by any candidate for 
public or party office voted for at an election by the qualified 
electors of the State, or any political sub-division thereof, for 
any of the purposes specified in section 4 of this act, for con¬ 
tributions to political committees, as that term is defined in 
section 1 of this act, and for any purpose tending in any way 
directly or indirectly to promote or aid in securing his nomina¬ 
tion and election, shall not exceed the amount specified herein. 
By a candidate for United States Senator, the sum of ten 
thousand dollars; by a candidate for Governor, the sum of ten 
thousand dollars; by a candidate for any other State elective 
office, the sum of two thousand five hundred dollars; by a 
candidate for the office of representative in Congress, the sum 
of two thousand five hundred dollars; by a candidate for the 
office of State senator, the sum of three hundred dollars; by a 
candidate for the office of State representative, the sum of two 
hundred and fifty dollars; by a candidate for any other public 
office to be voted for by the qualified electors of a county, city, 
town or village, or any part thereof, if the total number of 
votes cast therein for all candidates for the office of Governor 
at the last preceding State election, or at the last preceding 
State primary, if more votes were cast in such primary than in 
such election, shall be five thousand or less, the sum of one 



252 


thousand dollars; if the total number of votes cast therein at 
such last preceding State election or at such last preceding 
State primary, if it be higher than the last preceding State 
election, be in excess of five thousand, the sum of ten dollars 
for each one hundred in excess of such number may be added 
to the amounts above specified. By a candidate for presidential 
elector, the sum of one hundred dollars; by a candidate for 
delegate to any national convention of any party, the sum of 
two hundred and fifty dollars; by a candidate for delegate to 
a State or district or county convention of any party, the sum 
of fifty dollars; by a candidate for State chairman or national 
committeeman of any political party the sum of one thousand 
dollars; by a candidate for any other party office, the sum of 
two hundred and fifty dollars. The amount assessed against 
any candidate as a fee for qualifying shall not be included in 
the total of the above expenditures. Any candidate for a public 
or party office who shall expend for the purposes above men¬ 
tioned an amount in excess of the amounts herein specified shall 
be guilty of a corrupt practice. The expenditure by anj can¬ 
didate for a public office of an amount in excess of the amounts 
herein specified shall disqualify said person for said office. 

Sec. 6. Hereafter any candidate shall within five days after 
the announcement of his candidacy for any office, if the office 
be a State office, file with the secretary of State, and if the 
office be a county office, file with the judge of probate of said 
county, and if it be a district or circuit office, file with the 
judge of probate of each county which is embraced in said dis¬ 
trict or circuit, the name of not less than one or more than five 
persons selected to receive, expend, audit and disburse all 
moneys contributed, donated, subscribed, or in any way fur¬ 
nished or raised for the purpose of aiding or promoting the 
nomination or election of such candidate, together with a writ¬ 
ten acceptance or consent of such person to act as such commit¬ 
tee, provided that any candidate may, if he sees fit to do so, 
declare himself as the person chosen for such purpose. Such 
committees shall appoint one of their number to act as treas¬ 
urer, who shall receive and disburse all moneys received by 
said committee; he shall keep detailed accounts of receipts, 
payments and liabilities. The said committee, or its treasurer, 
shall have the exclusive custody of all moneys contributed, 
donated, subscribed, or in any wise furnished for or on behalf 
of the candidate represented by said committee, and shall dis¬ 
burse the same on proper vouchers. If any vacancies be created 



253 


by death or resignation or any other cause on said committees, 
said candidate may fill such vacancies, or the remaining mem¬ 
bers shall discharge and complete the duties required of said 
committee as if such a vacancy had not been created. No can¬ 
didate for nomination or election shall expend any money 
directly or indirectly in aid of his nomination or election except 
by contributing to the committee designated by him as afore¬ 
said. Any person who shall act as his own committee shall be 
governed by the provisions of this act relating to committees 
designated by candidates. Failure to make the declaration of 
appointment or selection by any candidate as herein required 
is hereby declared to be a corrupt practice, and in addition the 
name of such candidate so failing shall not be allowed to go 
upon the ballot at such election. The failure to perform any 
of the other acts herein required to be performed, or the per¬ 
forming of acts herein forbidden, is hereby declared to be a 
corrupt practice. 

Sec. 7. All contributions, donations and subscriptions 
made for or on behalf of any candidate shall be made to the 
committee named by such candidate. The making of any such 
expenditures in aid of any candidate by any other person or 
committees or corporations other than by and through the com¬ 
mittee named and designated under section 6 above is hereby 
declared to be a corrupt practice. 

Sec. 8. That each and every committee appointed under 
section 6 herein, and each and every political committee as 
defined in section 1 hereof, be and they are hereby required to 
file in the office of the judge of probate of the county in 
which the candidate by which said committee was appointed 
resides, if such candidate is a candidate for State senator, rep¬ 
resentative in the Legislature, or for any county office or posi¬ 
tion, or in the office of the secretary of State, if he is a candi¬ 
date for a national or State office or position, or for repre¬ 
sentative in Congress or judge or solicitor of any judicial 
circuit, or chancellor of any chancery district, and if the politi¬ 
cal committee be one in support or opposition to any measure 
or proposition submitted to the popular party vote, if such meas¬ 
ure or proposition is submitted to the voters of the State, then in 
the office of the secretary of State, and if it be submitted to the 
voters of any particular county or district or circuit, then in the 
offices of the judges of probate of such counties, detailed, item¬ 
ized statements of all expenditures made, as follows, to-wit: 
Not more than ten days nor less than five days prior to the 
election, and within ten days after the day of the election, shall 



254 


file statements giving in itemized, detailed form, including 
names, items, and detailed amounts, covering all of the expendi¬ 
tures made directly or indirectly, and all obligations, debts or 
liabilities assumed or incurred at the time of filing of said state¬ 
ments. Sdch statements shall include the names of all contrib¬ 
utors of amounts in excess of ten dollars, with amount given by 
each, and a list of all gifts, loans or contributions made. Such 
statements shall itemize all moneys expended in sums over five 
dollars, and shall give the names of the various persons to whom 
such moneys were paid, the specific nature of each item, by 
whom the service was performed, and the purpose for which it 
was expended. There shall be attached to such statement an 
affidavit subscribed and sworn to by the treasurer of said com¬ 
mittee setting forth in substance that the statement thus made 
is in all respects true, and that the same is a full and detailed 
statement of all moneys, securities or equivalents for money 
coming under the control or custody of the committee and by 
them expended directly or indirectly. If such statement is filed 
by a committee on behalf of any candidate, there shall also be 
attached to such statement an affidavit subscribed and sworn to 
by said candidate, setting forth in substance that said statement 
is to the best of his knowledge and belief in all respects true, 
and that he has not in person made any expenditures or re¬ 
ceived any contributions which are not set forth and covered by 
said statement. The failure of any committee designated by any 
candidate to file the statements herein required in the form and 
at the time specified is hereby declared to be a corrupt practice. 
If the statement required to be made prior to such election is 
not made by any candidate and committee for him, the name 
of such candidate shall not be placed upon the ballot to be 
used in such election. If the statement required to be made 
after such election is not made by any candidate and committee 
for him, a certificate of election or nomination shall not issue 
to such candidate though he be successful in such election. The 
failure of any other political committee to file the statements 
herein required in the form and at the time specified is hereby 
declared to be a corrupt practice. The statements herein re¬ 
quired to be filed shall become public documents and be open 
to inspection by any citizen. 

Sec. 9. Every bill, placard, poster, pamphlet, advertise¬ 
ment, newspaper advertisement, cartoon or other printed mat¬ 
ter, having reference to an election or to any candidate, shall 
bear upon the face thereof the name and address of the person 
or committee causing the same to be published. The failure to 



255 


place thereon the name and address of such person or commit¬ 
tee, or the printing or publishing or circulating of any such 
printed matters without the same bearing upon the face thereof 
the name and address of such person or committee is hereby 
declared to be a corrupt practice. 

Sec. 10. All political advertisements appearing in a news¬ 
paper shall be marked paid advertisement. Any person who 
publishes or circulates any campaign literature or political 
advertisement without the same bearing upon its face the name 
and address of the person or committee causing the same to be 
published, or any person or the owner of any newspaper who 
publishes a political advertisement in a newspaper without the 
same being marked paid advertisement, is hereby declared to 
be guilty of a corrupt practice. 

Sec. 11. Every cartoon having reference to an election or 
to any candidate or to any proposition to be submitted to a 
popular or party vote or to a vote of the Legislature of Ala¬ 
bama, shall, if published in any newspaper and not caused to 
be published therein by some person or committee, bear upon 
the face thereof the name of the owner or publisher of such 
newspaper, and if such newspaper is owned or published by a 
corporation, the name of the principal executive officer of such 
corporation. 

Sec. 12. It is hereby declared to be a corrupt practice for 
any person on any election day, (1) to intimidate or attempt 
to intimidate an elector or any of the election officers; or, (2) 
obstruct or hinder or attempt to obstruct or hinder, or prevent 
or attempt to prevent, the forming of the lines of the voters 
awaiting their opportunity or time to enter the election booths; 
or (3) to hire or to let for hire any automobile or other con¬ 
veyance for the purpose of conveying electors to and from the 
polls; or, (4) to do any electioneering or to solicit any votes 
or to promise to cast any votes for or against the election or 
nomination of any candidate, or in support of or in opposition 
to any proposition that is being voted on on the day on which 
the election affecting such candidacies or propositions is being 
held. 

Sec. 13. It is hereby declared to be a corrupt practice for 
any person directly or indirectly by himself or through any 
other person to either, (1) aid or procure to be done any act 
forbidden to be done by the laws of this State relating to elec¬ 
tions; or, (2) for any election inspector or other election officer 
to fail to perform any of the duties imposed upon him by law 
as such officer; or, (3) the commission of any crime or offense 



256 


against the elective franchise, or the encouragement or assist¬ 
ance of a person in the commission of a crime or offense against 
the elective franchise, or aiding or assisting any person charged 
with the commission of a crime or offense against the elective 
franchise to evade arrest or to escape conviction and punish¬ 
ment for such crime or offense, or the providing wholly or in 
part for the expense of boarding, lodging or maintaining a 
person at any place or domicile in any election precinct for the 
purpose of securing the vote for himself or any other person or 
proposition, or of registering any person as voter at any elec¬ 
tion held within this State, or the hiring or employment of a 
person to take or maintain a place in or to otherwise obstruct 
or hinder or to prevent the forming of the line of voters await¬ 
ing their opportunity or time to enter the polling place of any 
election, or (4) demand, solicit, ask or invite any payment or 
contribution for any religious, charitable or other cause or 
organization supposed to be primarily for the public good from 
any candidate for nomination or election, or, (5) demand, so¬ 
licit, ask or invite any candidate for nomination or election 
for public office or party position or any political committee 
to subscribe for the support of any club or organization, or to 
buy tickets to any entertainment or ball or to pay for space in 
any book, program, periodical or publication. This shall not 
apply to the solicitation of any business advertising in periodi¬ 
cals in which the candidate was a regular advertiser prior to 
his candidacy, nor to ordinary business advertising, nor to the 
regular demands of any organization, religious, charitable or 
otherwise, of which he was a member or to which he was a 
contributor for more than six months before his candidacy, or 
to any ordinary contributions at church services. Or, (6) for 
any corporation or person, trustee or trustees, owning or hold¬ 
ing a majority of stock of a corporation carrying on the busi¬ 
ness of a bank, savings bank, trust, trustee, savings indemnity, 
safety deposit, insurance, railroad, street railway, telephone, 
telegraph, gas, electric light, heat or power company, or any 
company having the right to condemn land, or to exercise fran¬ 
chises in public ways granted by the State, county, city, or 
town, to pay or contribute any money or value in order to aid 
or promote the nomination or election of any person, or in 
order to aid or promote the interest or success, or defeat, of any 
political party or political proposition; or, (7) for any business 
corporation incorporated under the laws or doing business in 
this commonwealth, or any officer or agent acting in behalf of 
such corporation, to directly or indirectly give, pay, expend or 



257 


contribute, or promise to give, pay, expend or contribute, any 
money or other valuable thing in order to aid, promote or pre¬ 
vent the nomination or election of any person, or defeat any 
question or proposition submitted to the vote of the people, or 
in order to aid, promote or antagonize the interests of any 
political party, or for any person or persons or political com¬ 
mittee to solicit or receive from such corporations any such gift, 
payment, expenditure or contribution, or any promise to give, 
pay, expend or contribute. 

Sec. 14. The doing by any person or persons of any act or 
acts herein defined to be a corrupt practice. Unless the punish¬ 
ment for such act or acts has otherwise been provided for 
under the laws of this State, shall be and is hereby declared 
to be a commission by such person or persons of a misdemeanor, 
and any person who commits such misdemeanor must on convic¬ 
tion be fined not more than five hundred dollars, and may also 
be imprisoned in the county jail or sentenced to hard labor for 
the county for not more than six months at the discretion of the 
court. 

Sec. 15. Each section of this act and every part of each 
section are hereby declared to be independent sections and 
parts of any section, and the holding of any section or part 
thereof to be void, ineffective or unconstitutional for any cause, 
shall not affect the other sections or parts thereof. 

Sec. 16. All laws or parts of laws inconsistent herewith 
are hereby repealed. 

Sec. 7. This act shall take effect upon its approval. 

Approved June 19, 1915. 


No. 181.) (H. 509—Vaughan. 

AN ACT 

Relating to the safety of employees and otner persons on railroads, by pro¬ 
viding for power headlights on all engines operated in road service in 
the night time, with a penalty for a violation thereof. Section 1. Loco¬ 
motives to be equipped with power headlights—power of same—excep¬ 
tions. 2. Penalty. 3. Violation—Duty of circuit courts. 4. Act to take 
effect when. 

Be it enacted by the Legislature of the State of Alabama, as 
follows: 

Section 1. Locomotives to be equipped with power head¬ 
lights—power of same—exceptions. That all companies, cor- 


9 GA 



258 


porations, lessees, owners, operators or receivers of any rail¬ 
road or railway company operating a railroad or railway in 
whole or in part in this State, are hereby required to equip, 
maintain and use upon every locomotive being operated in road 
service in this State in the night time, a power headlight of not 
less than fifteen hundred candle power brilliancy, measured 
with the aid of a suitable reflector: Provided, that nothing in 
this act shall be so construed as to prevent a locomotive engine, 
whose headlight has become defective while on the road, from 
proceeding to the most convenient terminal or division point 
where the necessary facilities exist for remedying such defect: 
Provided, this act shall not apply to industrial roads, such as 
tram roads, mill roads, and roads engaged principally in lum¬ 
ber or logging transportation in connection with mills, and 
provided further, that the provisions of this act shall not apply 
during the first ninety days of a strike of the particular em¬ 
ployees, whose duties are to repair and maintain headlights. 

Sec. 2. Penalty.—Any company, corporation, lessee, owner, 
operator, receiver or officer of any company, corporation, 
owner, lessee, operator or receiver owning or operating a rail¬ 
road or railway in whole or in part in this State, violating or 
causing to be violated, the provisions of this act, shall be 
deemed guilty of a crime, and, upon conviction, shall forfeit 
and pay as a penalty $300.00 for each separate offense, which 
shall be recovered in a civil action in the name of the State, and 
such petition shall be filed by the prosecuting attorney of the 
county in which such crime shall have been committed, and all 
fines collected under and by virtue of the provisions of this act 
shall revert to and become a part of the public school fund. 

Sec. 3. Violation—duty of circuit courts.—It is hereby 
made the duty of the judge of any circuit court in the State to 
direct and charge grand juries when in session to make special 
inquiry as to violations of this law. 

Sec. 4. Act to take effect when—All companies, corpora¬ 
tions, lessees, owners, operators or receivers required by this act 
to equip, maintain and use a headlight upon locomotives as pre¬ 
scribed in section 1 of this act, shall be required to equip twen¬ 
ty-five per cent of such locomotives within six months from the 
passage and approval of this act; fifty per cent of such locomo¬ 
tives within the nine months from said time; seventy-five per 
cent of such locomotives within twelve months from said time, 
and all of such locomotives shall be so equipped within fifteen 
months from such time. 

Approved July 17, 1915. 



259 


No. 185.) (H. 385—Rogers of Sumter. 

AN ACT 

To protect the public from dogs running at large, and to provide a penalty 

for the violation thereof. 

Be it enacted by the Legislature of Alabama : 

1. That it shall be the duty of every person owning or 
having in charge any dog or dogs, to at all times confine such 
dog or dogs to the limits of his own premises or the premises 
on which such dog or dogs is, or are, regularly kept. Provided, 
that nothing in this act shall be construed to prevent the owner 
of any dog or dogs, or other person or persons having such dog 
or dogs in his or their charge from allowing such dog or dogs 
to accompany such owner or other person or persons elsewhere 
than on the premises on which such dog or dogs is, or are, reg¬ 
ularly kept. Any person violating this act shall be deemed 
guilty of a misdemeanor and shall be fined not less than two 
nor more than fifty dollars. This act shall not apply to the 
running at large of any dog or dogs within the corporate limits 
of any city or town in this State that require a license tag to 
be kept on dogs. But this act shall not apply in any county 
in this State until the same has been adopted by the court of 
county commissioners or boards of revenue of such county. 

Approved July 27, 1915. 


No. 186.) (H. 619—W. C. Davis. 

AN ACT 

To amend the Constitution of the State of, Alabama so as to permit the 
issuance of bonds for the retirement of the floating debt of the State. 

Be it enacted by the Legislature of Alabama , as follows: 

Section 1. That there shall be and there is hereby proposed 
an amendment to the Constitution of the State of Alabama to 
provide for the issuance of one million five hundred thousand 
dollars of State bonds in addition to the outstanding bonded 
indebtedness of the State for the purpose of retiring and pro¬ 
viding for the present floating debt of the State of Alabama, 
which amendment shall be in words and figures as follows: to- 
wit, “In addition to the present outstanding bonds of the State 



260 


of Alabama the Governor of the State is hereby authorized to 
issue one million five hundred thousand dollars of five per cent 
coupon bonds in denomination of five hundred dollars each, 
which shall not be sold for less than par, the interest payable 
semi-annually and the principal of which to be due and payable 
as follows: Ten per cent of said bond issue shall be due and 
payable January 1, 1920 and ten per cent each first of January 
following until the entire issue shall be retired. The proceeds 
from the sale of said bonds shall be used for the purpose of 
paying the present outstanding obligations of the State, and 
any surplus shall be paid into the general fund.” 

Sec. 2. That there shall be and there is hereby an election 
ordered to be held by the qualified electors of the State of Ala¬ 
bama on the 20 day of December, 1915, to vote on the proposed 
amendment to the Constitution of the State, which election 
shall be held under the laws and regulations prescribed for the 
holding general election in this State, and the Governor of 
the State shall by proclamation give notice of such election 
with a copy of the proposed amendment in similar manner as 
notices and proclamations are required to be given for gen¬ 
eral elections and shall cause the same to be published once a 
week for eight consecutive weeks next preceding the election 
in a newspaper published in each county of the State in which 
a newspaper is published and in counties where no newspaper 
is published the same shall be posted at the court house door 
in said county not less than eight weeks before said election. 

Approved July 27, 1915. 


No. 187.) (H. 373—Chamberlain. 

AN ACT 

To amend an act entitled “An act to create and establish the office of gen¬ 
eral guardian ad litem in all counties of over one hundred thousand 
population, according to the last preceding Federal census or according 
to any subsequent Federal census; to prescribe his duties and qualifica¬ 
tions, to provide for his appointment and to fix his compensation and 
term of office; to provide for the appointment of a guardian ad litem in 
cases where the general guardian ad litem is disqualified or where the 
interests of the infants interested in a case are antagonistic or conflict¬ 
ing; and to provide a penalty for wrongfully appointing such guardian 
ad litem,” approved March 22, 1911. 

Be it enacted by the Legislature of Alabama, That “An Act, 
to create and establish the office of general guardian ad litem 
in all counties of over one hundred thousand population, ac- 



261 


any sulisequen^FedS or . accor ding to 

qualifications- to nroviVio f DSU v’ to P r ? scnbe his duties and 
compensation aiKl^ferm^o/offiop^ »«<* to fa Ms 

ment of a guardian ad iit 0 - Ce ’ t0 pr ? vlde for the appoint- 
dian ad litfm is dLualS m T* where the g^eral guar- 
fants interested in ? ° r 7 here . th . e inter ests of the in- 

•to provide a penalty for wr on /ft, ] *°. r conflicti ng; and 

ad litem,” approved March 0 9°iQii h ppoin 1 °S such guardian 

“ “ office 5 X 

as 

duties and qualffications tn •? / ensus 5 to prescribe his 
to fa his too 

appointment of a guardian od r+ 1 . ce ’ to P r °vide for the 

oral guardian ad litem fs asona S “ C , a8eS ' vhere the 

the infants interested in a m!L ^ ? 1 wber ® the interests of 
and to provide a penal tv fnr re antagonistic or conflicting; 

dian ad litem ^ 7 F wro "S ,u]1 J' appointing such guar- 

Thafafaoffice o/leZTZX^,ft?**™ »/ Alohas, 
sixty thousand (60 0rt0i JL™ i +• n a< * ], ltem in all counties of 
two thousand t82 0fl0i nrP ^ *• 10n an< ^ no ^ exceeding eighty- 
hundred US thousand^?ift 0 ^ 1 on\ atl0n ’i a +^ a11 “““««* of over” one 
Federal censSforaSte A P ° PUlat, r accordi ”g to the last 
te and the same is hereby createTand SJXf” 1 Ce ” 8 " 8 > 

nd litem, in Ml'c'w.s e'hcLo.f' 116 /- 1 '' 4 -'' ° f the 8 cneraI guardian 
plaints, bnis nS „ns „r m "'f' 1 de, “ dM ‘s to eom- 

la,v or’equite S“ “ °“f Proceedings in any court of 

fant or infants; and to represent Ml” ^ “ d defend such in- 
in any of the courts of law at- a -I miaors interested in suits 
represented by a general'guarding 1 * 7 M ? ere said minor is not 
dian is adversely Interested or disqualified g “ era ‘ ^ 

shalUeL e ™r t ceMu f m e of°th?!otlf Iieral ? ua ' rdi<m ad litem 

minor or minors, X7re ZZT* 7 ‘"'T* ° f ‘ he 
ad litem, involved in the case in whini. general guardian 
ad litem acts • provided *w «, h h the S eneral guardian 

be less than fiVe dollars and E? mua P lim fee shall in no case 
dollars, and the maximum fee shall in no case 



2G2 


be more than one Hundred dollars, and that fees of such officer 
be collected as other costs in the case. . 

Sec 4. That no person shall be eligible to the office g 

eral guardian ad litem unless he be learned m the law 

Sec. 5. That the office of guardian ad litem shall be fi 
by appointment by the Cxovernor and that his term of office 
shall be for four years and until his successor qualifies. 

' Sec 6 That in any case in law or equity where more 
one minor is interested in the cause in controversy andI where 
the interests of said minors are antagonistic and conflict 8, 
in nnv case in which the general guardian ad litem is disqua 

ified, U shall be the duty of the court before Present 
nendin" to appoint a suitable person or peison P 

the interests of such minor or minors; provide > ^ f 

the general guardian ad litem shall represent the mteiests o 
one of such Minors where their interests are antagonistic or 
conflicting th“ interest of the minor which he represents to be 
selected by the court before whom such cause is pendin*. 

Sec 7 That the court or officer in making such appoint- 
meat as prodded in section six (6) shall select some person 
who is qualified to represent such infant in the capacity 
attorney or solicitor, and must not select or appomt anj per 
son who is related either by blood or marriage within the 
fourth decree to either the complainant, petitioner, or pla 
tiff or to the judge or clerk of the court, or who is in any man¬ 
ner connected 3 with such complainant, petitioner, or plai t , 
with his attorney or solicitor. n 

Sec 8 Any judge, register, or other officer, who shall 
knowingly appoint any person as guardian ad litem for an m- 
taTin violaSon of the provision of the preced;"g section 
shall be liable to a penalty of two hundr e ddolars(200) 
which may be recovered by such infant or his next friend su g 
ter Mm taauy court having jurisdiction of civil actions of such 
amount and such claim shall not be barred by the statute o 
Umitations until after two years after the arrival of such in¬ 
fant at the age of twenty-one years. , 

Sec 9 An? plaintiff, petitioner, his attorney or counsel, 
or any person for him, who shall suggest or nominate a guar 
dian ad^litem in any action brought by such plaintiff, or peti- 
tioner shall be liable to the same penalty as provided in the 
preceding section. No court or judge shall appoint any guar¬ 
dian ad litem upon his suggestion, nomination or recommenda- 



263 


tion of plaintiff, petitioner, his attorney 
son for him. J 

Sec. 10. This act shall go into effect 
passage. 

Approved July 27, 1915. 


or counsel or any per- 
immediately after its 


No. 188.) 


(S. J. R. 89- 

SENATE JOINT RESOLUTION. 


-Hill. 


Congress of theUnited Stnt k e F* s * atu J: e Alabama memorializing the 
of Montgomery, Akbama * eWCt * neW pubIic buildin S in the City 

. YJ l ? reas > the fty of Montgomery is the Capital of the State 
tt Federal business being done here by the 

Mct^ourt "the"p Ui J offi rt ° f v Appeals ’ the United States Dis- 

PnhiieM ^ th P ? St 0ffice > the Land Office, the Receiver of 
Public Moneys, and the Weather Bureau, and 

as todesSn th f pubIicb,lildiH g here is totally’ inadequate, both 
Qnm _ i & and i 1Ze? for the P ro P er transaction of the neces- 

3SJ~5 ’ bei T T Cted SOme thirt ^ ^ is se 

a shabhv a f, d ° f S< ? anti( l uated a style as to present 

of the city, and * t0 ^ modern and Progressive appearance 

L) ent, of the Second Congressional 
th^TT t I Alabama, introduced in the Sixty-third Congress of 
the United States a bill seeking to appropriate a proper sum 

for the purchase of a site and the erection of a new publffi 

to reintro,Juce this M » “o Sixty- 

Therefore, be it resolved by the Senate of Alabama the 
House concurring, that the Congress of the United States be 
and is hereby memorialized to enact the said bill into law at 
the earliest possible time, and 

. ^solved further that a copy of this resolution be forwarded 
6 Se crotary of State to the Vice-President of the United 
States as the presiding officer of the United States Senate the 
Speaker of the United States House of Representatives and to 
? ac b °f . the Senators and members of the Alabama Delegation 
in the Sixty-fourth Congress of the United States g 
Approved July 27, 1915. 



No. 191.) 


264 


AN ACT 


(H. 858 —Blackwell. 


To provide for the expenses of this session of the Legislature. 

Be it enacted by the Legislature of Alabama: 

That fifty thousand dollars or so much thereof as may be 
necessary be and the same is hereby appropriated to pay th 
^ dfem and mileage of the members, officers add employees 

the Legislature of Alabama, and other expenses thereof 
the rest of this session of Legislature. 

Approved July 27, 1915. 


No. 193.) 


AN ACT 


(H. 333—McDonald. 


TO fte^Se.fn3f P ° b " C 

Be it enacted by the Legislature of Alabama: 

1 That all iustices of the peace and all notaries public wilh 

Efe£SS5SSS£FJ§ 

ISSSSSSii 

• heir ffi 0 d C avit‘V he ^..^a /nTttooftteVa™ (or notary 

pubHc^ex-ofUeio jnsticeof^th^p^ce^in and^rn docket 

whatsoever had before me since the last preceding submission 
° f T Any^justice 1 o^the peace, or nXry publkwithjowers of 

^"ont of the first se^io^o^th^act shad be^guiLy of a misde- 

XaX aVd shall, on conviction, be fined not less than fifty, nor 
more than five hundred dollars. 





265 


3. Any justice of the peace or notary public with powers of 
justices of the peace who issues any warrant of arrest for any 
person charged with an offense, and makes it returnable before 
any justice not of the precinct in which the alleged offense was 
committed, unless there is no justice of the peace nor notary 
public living therein qualified to hear the charge, is guilty of a 
misdemeanor, and a judgment of conviction of this offense shall 
operate to vacate his office without any other or further pro¬ 
ceeding. 

4. Any justice of the peace or notary public who hears, ex¬ 
amines, or tries any person charged of a criminal offense out of 
the precinct in which the offense was committed, unless he is a 
justice of the peace or notary public residing in an adjoining 
precinct to that in which the offense was committed, and in 
which there was at the time no justice of the peace, or notary 
public with the powers of a jusice of the peace, qualified to hear 
or try the matter, is guilty of a misdemeanor, and a judgment 
of conviction shall operate to vacate his office without other or 
further proceeding. That nothing contained in this act shall 
prevent any justice of the peace or notary public with the pow¬ 
ers of a justice of the peace from hearing and determining any 
preliminary proceeding as now provided by chapter 275 of the 
Code of Alabama, of 1907. 

Approved August 2, 1915. 


No. 194.) (EL 302—Rogers of Sumter. 

AN ACT 

To amend section 4828 of the Code of Alabama. 

Section 1. Be it enacted by the Legislature of Alabama, 
That section 4828 of the Code of Alabama be amended so as to 
read as follows: If the charges, when due, are not paid within 
ten days after demand therefor, such hotel, inn, boarding house 
or restaurant keeper may, on giving ten days notice of the time 
and place of such sale, by advertisement, by one insertion in 
some newspaper published in the county in which the hotel, inn, 
boarding house or restaurant is located, or, if there be no such 
paper, by posting the notice in a conspicuous place in the lobby 
of such hotel, inn, boarding house or restaurant, and one other 
public place in the county, sell such goods and baggage to the 



266 


highest bidder, and apply the proceeds to the payment of the 
charges for and expense of keeping such goods and baggage, and 
of the sale thereof, and to the satisfaction, in whole or in part, 
as the case may be, of said lien, and the balance, if any there be, 
shall be paid over to the owner on demand. The demand herein 
first provided for may be made in person, or by letter or writ¬ 
ing, duly stamped, addressed and mailed to such owner, to his 
address, if known to such keeper, or to the address appearing 
on the register of such hotel, inn, boarding house or restaurant. 

Approved August 2, 1915. 


No. 195.) 


(H. 646—Gordon. 


AN ACT 

To amend section 1782 of the Code of Alabama, 1907 (relates to sale of 

school and indemnity lands). 

Be it enacted by the Legislature of Alabama: 

1. Amend section 1782 of the Code of Alabama, 1907, so as 
to read as follows: 1782 (3661) Sale of school and indemnity 
lands authorized. The superintendent of education is author¬ 
ized and empowered to sell and dispose of all school lands or 
any part of the timber thereon, together with those which have 
been heretofore or may hereafter be certified to the State for the 
use and benefit of the several townships or districts in which 
was a deficiency in the amount of land originally certified to the 
State for their benefit, subject to the approval of the Governor. 

Approved August 2, 1915. 


No. 197.) (H. 423—Chamberlain. 

AN ACT 

To amend section 4648 of the Code of Alabama, of 1907. 

Be it enacted by the Legislature of Alabama: 

That section 4648 of the Code of Alabama, of 1907, be 
amended so as to read as follows: 4648. In what precinct suit 
to be brought,. Unless otherwise provided, no person can be 
sued Out of the precinct of his residence, or that in which the 



2G7 


debt was created, or the cause of action arose and all judgments 
rendered contrary to the provisions of this section shall be null 
and void. 

Approved August 5, 1915. 


No. 198.) 


(H. 425—Chamberlain 


AN ACT 

To amend section 4915 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

That section 4915 of the Code be amended so as to read as 
follows: “4915 (2980). Resisting or opposing harbor master; 
refusal or failure to obey his orders; penalty.—Any person in 
charge of a vessel who resists or opposes the harbor master, or 
deputy harbor master, or acting harbor master, in the lawful 
execution of his duties, or who shall refuse or fail to obey an 
order given by the harbor master, or deputy harbor master, or 
acting harbor master in the lawful execution of his duties shall 
be punished by a fine of not less than f50.00 and not more than 
$500.00 and may also be punished by imprisonment in the 
county jail or sentenced to hard labor for the county for not ex¬ 
ceeding six months.” 

Approved August 2, 1915. 


No. 203.) (H. J. R. 162—Rules Com. 

A RESOLUTION 

Relative to having House and Senate journals each bound in two volumes. 

Resolved by the House, the Senate concurring, 

That the secretary of State be instructed to have the House 
and Senate journals each bound in two volumes. 

Passed by the Senate July 30, 1915. 

Passed by the House of Representatives August 3, 1915. 



268 


No. 204.) (g. 358—Miller. 

AN ACT 

To prohibit the running at large of bulls more than twelve months of age. 

Be it enacted by the Legislature of Alabama: 

Section 1. That it is hereby declared to be unlawful for the 
owner of any bull more than twelve months of age to permit 
such bull to run at large. 

Sec. 2. Any person violating the provisions of this act shall 
be guilty of a misdemeanor, and upon conviction shall be fined 
not less than ten dollars and not more than two hundred 
dollars. 

Sec. 3. Provided the provisions of this act shall not apply 
to any territory in this State where cattle are permitted, by law, 
to run at large twelve months in the year. 

Approved August 6, 1915. 


No. 205.) 


AN ACT 


(S. 654—Brown. 


To authorize the sale and conveyance or lease of the property of a public 
utility, together with the franchises, contracts, good will and other 
assets of such public utility, to a purchaser then engaged or proposing 
to engage in the business conducted by such public utility; and to au¬ 
thorize the sale and conveyance of the capital stock of a corporation 
owning and operating a public utility to a purchaser, whether or not en¬ 
gaged or proposing to engage in the business of such public utility, 
whenever the sale and conveyance or lease of the property of such pub¬ 
lic utility, and whenever the sale and conveyance of the capital stock 
of such corporation is consistent with the interests of the public; and 
to provide for determining whether any sale and conveyance or lease 
proposed to be made under the provisions of this act is consistent with 
the interests of the public. 

Be it enacted by the Legislature of Alabama: 

Section 1. The property of a public utility, together with 
its franchises, contracts, business, good will and other assets, 
may be lawfully sold and conveyed or leased to, and thereafter 
lawfully held, enjoyed and operated by, a purchaser then en¬ 
gaged or proposing to engage in the business conducted by such 
public utility; or the capital stock of a corporation owning and 
operating a public utility may be lawfully sold and conveyed to, 
and thereafter lawfully held and enjoyed by, a purchaser 



269 


y f.fker or 110 ^ suc ^ purchaser is engaged, or proposes to engage 
m the business conducted by such public utility; whenever such 
sale and conveyance or lease of the property, franchises, con- 
rac s, good will and other assets of such public utility, or 
whenever the sale and conveyance of the capital stock of such 
corporation, is consistent with the interests of the public. In 
cases where the property of the public utility proposed to be 
sold and conveyed or leased lies within, and the franchises and 
public duties thereof relate to, a single municipality, and in 
cases where such a public utility is owned by a corporation, and 
i s capital stock is proposed to be sold, the question whether the 
proposed sale and conveyance or lease is consistent with the in¬ 
terests of the public shall be determined by the governing body 
of such municipality, and also by the railroad commission of 
Alabama, and if the governing body of such municipality and 
the railroad commission of Alabama shall each determine that 
the proposed sale and conveyance, or lease, is consistent with 
the interests of the public, their determination shall be shown 
• ^ heir approval of the proposed sale and conveyance or lease; 
m all other cases the question whether the proposed sale and 
conveyance or lease is consistent with the interests of the public 
S j • A e , determined hy the railroad commission of Alabama, 
and it the railroad commission of Alabama determines that the 
proposed sale and conveyance or lease is consistent with the in¬ 
terests of the public, its determination shall be shown bv its 
approval of the proposed sale and conveyance or lease. Pro¬ 
vided that thirty days’ notice in a newspaper published in such 
municipality of such application shall be given before the hear- 
mg by the railroad commission. Provided, however, that if all 
or substantially all of the property and assets of any public util¬ 
ity corporation is proposed to be sold under the provisions of 
this act, the same corporate procedure shall be necessary as in 
tne case of other private corporations. 


Sec. 2. Nothing in this act contained shall be construed to 
unit or restrict any right to sell, lease, hypothecate or mort¬ 
gage any property, or to invalidate any legal sale, lease, hypoth¬ 
ecation or mortgage thereof, where the same is legal without 
reference to the provisions of this act. 


Sec. 3 Nothing herein contained shall be construed to au- 

h7^wL th f Sale aDd COnve * vance of Property employed in the 
business of commerce among or between the States and territo¬ 
ries of the United States or District of Columbia, coutrary to 
the laws of the United States. y 



270 


Sec. 4. Nothing herein contained shall be construed to au¬ 
thorize or permit any person, firm, association or corporation to 
use the streets, alleys, avenues or public places of any city, town 
or village, for the construction or operation of any public utility 
or private enterprise, without the consent of the proper author¬ 
ities of such city, town or village. . 

Sec. 5. All laws and parts of laws expressly or impliedly m 
conflict with the provisions of this act are hereby repealed. 

Approved August 6, 1915. 


No. 206.) 


H. 160—Chamberlain. 


AN ACT 


To amend sections 4079, 4080, 4082 and 4083 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama, That sections 
4079, 4080, 4082 and 4083 he amended to read as follows: 

“4079 (1881) (2883) (3180) (2838) (2423) Issue of Execu¬ 
tions Must Be Signed and Tested. The clerk must issue execu¬ 
tions on all judgments in favor of the successful parties as 
soon after the time prescribed for the issuance of said execu¬ 
tions by law, as is practicable, unless otherwise directed. Lh 
writ must be signed by the clerk, and tested on the day it is 

1SS “4080 (1882) (2884) (3181) (2839) (2424) Time in Which 
Executions Must Issue. When the court continues m session 
but one week, the clerk must issue executions within ten days 

thereafter; when it continues two weeks, within fifteen days 

thereafter; and when it continues three weeks or more the clerk 
must issue executions after ten days from the rendition of any 

jUd “4082'(1884) (2886) (3183) (2841) (2426) When May Be 
Issued Before Prescribed Time. Upon the rendition of judg¬ 
ment, execution may be issued by leave of the court before th 
time prescribed in section 4080 for the issuing of executions the 
plaintiff, his agent, or attorney, showing sufficient cause tha^ 
for by affidavit; but the defendant is not prevented thereby 
from moving for a new trial, or in arrest of judgment, nor de¬ 
prived of any right he would otherwise have had 
P “4083 (1885) (2887) (3184) (2842) (2427) When Must Be 
Issued Immediately After Judgment. After the rendition of 
judgment, and before the expiration of the time limited by 



271 


section 4080 on affidavit being made and filed in his office, 
that the defendant is about fraudulently to dispose of, or re¬ 
move his property, and that thereby the plaintiff will probably 
lose his debt, the clerk must issue execution against the prop¬ 
erty of the defendant.” 

Approved August 9, 1915. 


No. 207.) 


(H. 198—Green of Dallas. 


AN ACT 

To provide for State, registration of nurses. 

Section 1. Be it enacted by the Legislature of the State of 
Alabama, That a board to be known as the board of nurses exam¬ 
iners for the State of Alabama, is hereby created to consist of 
five members who shall be appointed by the Governor three (3) 
of whom shall be graduate nurses and two (2) of whom shall be 
physicians. 

Sec. 2. That within ninety days after the passage of this act 
the Alabama State association of graduate nurses shall, 
through its executive committee, submit to the Governor a list 
containing the names of four (4) licensed physicians of good 
standing in their profession together with the names of six (6) 
nurses each of whom shall have graduated from a training 
school connected with a general or private hospital requiring 
not less than two (2) years training and who shall have been 
engaged in nursing for not less than five (5) years after grad¬ 
uation, and the Governor shall appoint the members of the- 
board from said list. 

Sec. 3. That each member of said board shall serve for a 
term of three years, and until his or her successor is appointed 
and qualified; except in the case of the first board, whose mem¬ 
bers shall hold office as follows: One nurse shall be appointed 
to hold office for one year, one nurse and one physician for two 
years, one nurse and one physician for three years. An unex¬ 
pired term of any member of the board, caused by death, resig¬ 
nation or otherwise, shall be filled by the Governor in the same 
manner as the original appointment is made. 

Sec. 4. That the members of said board shall, as soon as 
organized and annually thereafter in the month of October, 
elect from their number a president and a secretary-treasurer. 



272 


Three members of this board shall constitute a quorum: Special 
meetings of said board shall be called by the secretary-treasurer 
upon the written request of any two members: It shall adopt a 
seal which shall include the words “Nurses Board of Examina¬ 
tion and Registration of Alabama” and the imprint shall be 
placed on all certificates and warrants issued by it: Said board 
shall be authorized to make such rules as may be necessary to 
govern its proceedings, and to carry into effect the purpose of 
this act: The secretary-treasurer shall keep a record of all meet¬ 
ings of the board and an official register of all applicants for 
registration under the provisions of this act: Said register to 
show the name, age, nativity, place of residence and photograph 
of each applicant, said register shall also show whether said ap¬ 
plicant was examined, registered or rejected under this act, and 
said register shall be prima facie evidence of all matters therein 
contained and shall be open at all reasonable times to public 
inspection. 

Sec. 5. That members of said board shall receive five dollars 
($5.00) per day and the actual necessary expenses incurred in 
the discharge of their duties, and the secretary-treasurer shall 
receive an additional salary to be fixed by the board not to ex¬ 
ceed one hundred ($100.00) dollars per year, said expenses and 
salaries shall be paid from the fees received by the board under 
the provisions of this act, and no part of salaries and other ex¬ 
penses of the board shall be paid out of the State treasury. All 
money received in excess of said allowance and other expenses 
provided for, shall be held by the secretary-treasurer for meet¬ 
ing the expenses of the board and the cost of annual reports of 

the board. , , x 

Sec. 6. That after October 1st, 1916, it shall be the duty of 
said board to meet at least once in every year and at such other 
times as the board may deem expedient for the purpose of hold¬ 
ing examinations. Notice of such meetings shall be given in the 
public press, in at least one nursing journal, and by mail to 
every applicant, and to every training school in Alabama at 
least thirty (30) days prior to the meeting. 

Sec. 7. That any person desiring to obtain a certificate ot 
registration under this act shall make application in writing, 
first paying to the secretary-treasurer an examination fee of 
five dollars ($5.00) and shall present himself or herself at such 
regular meeting for examination of applicants. Said board be¬ 
ing satisfied that said applicant is of the age of twenty-one (21) 
years, of good moral character has received the equivalent of 
a grammar school education and has graduated from a ti aining 



273 


school connected with a general hospital or sanitarium, where 
not less than three years consecutive training with a systematic 
course of instruction is given in the hospital or sanitarium or 
has graduated from a training school in connection with a hos¬ 
pital of good standing supplying a systematic three years train¬ 
ing corresponding with the above standards which training 
may be obtained in one or two affiliated hospitals, shall pro¬ 
ceed to examine said applicants in elementary anatomy, physi¬ 
ology, bacteriology and materia medica, in medical, surgical, 
obstetrical and practical nursing, in dietetics and hygiene. Said 
board shall upon said applicant passing said examination to its 
satisfaction cause the name of the applicant to be entered upon 
the register kept for that purpose, and shall cause to be issued 
to said applicant a certificate of registration authorizing him 
or her to practice the profession of nursing as a registered 
nurse. Registered nurses from other States may be accepted 
without examination, upon furnishing satisfactory evidence to 
the board of examiners that they possess the above qualifica¬ 
tions embodied in this act and upon payment of registration fee. 
Provided, however, that all graduates of the Bryce Hospital 
Training School for Nurses, situated at Tuscaloosa, Alabama, 
shall be entitled to examination and registration under the pro¬ 
visions of this act. 

Sec. 8. That all nurses graduating before October 1st, 1917, 
shall be permitted to register without examination upon pay¬ 
ment of registration fee. Nurses who are graduates of training 
schools connected with a general hospital or sanitarium giving 
two years training and in which in other respects proper stan¬ 
dards are maintained and who are engaged in professional nurs¬ 
ing at the date of the passage of this act or have been engaged in 
nursing five years after graduation prior to the passage of this 
act and also those who are in training at the time of the passage 
of this act, and shall graduate hereafter shall be entitled to reg¬ 
istration without examination provided such application be 
made before October 1st, 1916. Provided, also, that all graduates 
of the Bryce Hospital Training School for Nurses, situated at 
Tuscaloosa, Alabama, shall be entitled to registration under the 
provisions of this section upon furnishing satisfactory proof of 
their graduation from said school. 

Sec. 9. It shall be unlawful after October 1st, 1916, for any 
person to practice professional nursing as a registered nurse 
without a certificate in this State. A nurse who has received his 
or her certificate according to the provisions of this act shall be 
styled and known as “Registered Nurse.” No other person shall 



274 


assume the title “Registered Nurse” or any other letters or fig¬ 
ures to indicate he or she is a registered nurse. Provided, that 
the provisions of this section shall not apply to graduates of the 
Bryce Hospital Training School for Nurses, situated at Tusca¬ 
loosa, Alabama, who can furnish satisfactory proof of gradua¬ 
tion from said school. 

Sec. 10. That this act shall not be construed to affect or 
apply to gratuitous nursing of the sick by friends or members 
of the family, nor shall it apply to any person nursing fhe sick 
for hire, but who does not in any way assume the title of “Reg¬ 
istered Nurse” or “R. N.” 

Sec. 11. That the board of examiners shall have the power 
to revoke any certificate of registration for incompetency, dis¬ 
honesty, intemperance, immorality or unprofessional conduct 
after a full and fair investigation of the charges preferred 
against the accused. Thirty (30) days prior to such hearing a 
copy of the charges (which charges must be specified in writing 
and under oath), shall be furnished to the accused who shall at 
the same time be furnished with written notice of the time and 
place where such charges will be heard and determined. At 
such hearing all witnesses shall be sworn either bv the president 
or secretary-treasurer and the accused shall be‘entitled to be 
heard and represented by counsel. No revocation shall be made 
except upon a majority vote of the full board and upon the rev¬ 
ocation of any certificate the same shall be null and void and the 
secretary-treasurer of the board shall strike the name of the 
holder thereof from the roll of registered nurses. 

Sec. 12. That any person violating any of the provisions of 
this act or who shall willfully make any false representation to 
the board of examiners in applying for a certificate shall be 
guilty of a misdemeanor and upon conviction be punished by a 
fine of not less than ten ($10.00) dollars and not more than five 
hundred ($500.00). 

Sec. 13. That the words “general hospital” as used in this 
act shall mean a hospital that maintains twenty or more beds 
for the. sick and where general medicine, general surgerv and 
obstetrics is practiced. 

Sec. 14. That all laws or parts of laws in conflict herewith 
be and the same are hereby repealed. 

Sec. 15. That this act shall take effect sixty (60) days after 
its passage. 

Approved August 6, 1915. 



275 


No. 208.) H. 393—Smith of Crenshaw. 

AN ACT 

To provide for the branding and labeling of new and renovated mattresses 
and comforts, and to provide against the use of unsanitary, unhealthy, 
old or second-hand material in the manufacture of mattresses and com¬ 
forts, and to provide against the sale of mattresses or comforts con¬ 
taining such unsanitary, unhealthy, old or second-hand material. 

Section 1. Be it enacted by the Legislature of the State of 
Alabama, That no person shall, within the State, manufacture 
for sale; knowingly, offer for sale, sell, deliver or have in his 
possession, with intent to sell or deliver, any mattress or com¬ 
fort which is misbranded or mislabeled within the meaning of 
this act. 

Sec. 2. Mattresses and comforts shall be branded, or lab¬ 
eled, as hereinafter provided, before being exposed for sale, 
and shall not be exposed without such brand or label. 

Sec. 3. The brand or label required by the next preceding 
section shall contain in plain English lettering a statement of 
the materials used in the manufacture of such mattresses or 
comforts, giving the total weight and. the percentage of each 
material used in all cotton, felt, wool, kapock, silk floss, floss 
and hair mattresses. Percentage of each material used must 
be given on other mattresses. Such brand or label shall be 
placed upon each mattress or comfort. 

Sec. 4. Such label shall be in the form of cloth or cloth- 
lined tag, to be sewed or otherwise securely attached to each 
article and placed securely upon the bale, box or crate in which 
such mattresses are packed, shipped or exposed for sale. 

Sec. 5. Such brand or label shall be placed outside of and 
upon the most conspicuous part of the finished article and its 
box, crate or covering. 

Sec. 6. When any mattress is renovated by any manufac¬ 
turer for a customer, the manufacturer so renovating shall 
detach the original label hereinabove provided for, if the same 
is still attached to the mattress, and before delivering said 
mattress to said customer, he shall re-attach the original label 
in the same manner, and in addition thereto he shall attach a 
label, made and attached in the same way as is hereinabove pro¬ 
vided for, which label shall show in plain English lettering the 
word ‘Renovated,’ and marked “second-hand filler,” together 
with the name of the manufacturer renovating, the name of the 
customer for whom renovated and the date of renovation. 



276 


Sec. 7. A person dealing in mattresses or comforts as de¬ 
scribed in this act shall not have them in possession for the pur¬ 
pose of sale or offer them for sale, without the brand or label 
thereon. 

Sec. 8. No person within this State, shall use, either in 
whole or in part, in the manufacture of mattresses or comforts, 
any cotton, or other materials, which has been used for any 
purpose whatever. 

Sec. 9. A mattress or comfort within the meaning of this 
act shall include any quilted bed or pad, tufted or not tufted, 
stitched or otherwise finished bed or pad, stuffed with excelsior, 
cotton, jute, hair, husks, sea moss, bamboo, wool, fibre, floss, 
kapock, felted cotton, felt, shoddy, African fibre, Louisiana 
tree moss, or other material used for this purpose, sterilized 
feathers excepted. 

5 e< ^ 10 - If labeled felt or felted cotton it is understood 
that the cotton or material has all been carded in layers or 
sheets by a Garnett or cotton felting machine. 

Sec. 11. A person who sells, offers for sale, gives away, 
manufactures or causes to be manufactured with intent to 
sell any mattresses or comforts which are not branded or 
labeled pursuant to the provisions of this act, or who falsely 
brands or labels any mattresses or comforts, or who know¬ 
ingly fails or neglects to state the true and actual quality and 
quantity of the materials used in any mattress or comfort, 
n u P°“ conviction thereof be fined not less than twentv-five 
($25.00) dollars, nor more than five hundred ($500.00) dollars, 
or imprisoned in the county j'ail not more than six (6) months, 
or both. 

Sec. 12. When any peace officer or health officer has rea¬ 
son to believe that any of the provisions of the act is bein<* 
violated, he shall fully advise the circuit solicitor of the countv 
and said solicitor shall without delay proceed to enforce this’ 
act. 

Approved August 9, 1915. 


No - 209 * > (H. 451—Tunstall. 

AN ACT 

To amend section 625 of the Code. 

^ ^ enacted by the Legislature of Alabama, That, section 
625 of the Code be amended so as to read as follows: 



277 


1. The State treasurer may employ a chief clerk and three 
assistant clerks and one stenographer in his office and remove 
them at his pleasure. The chief clerk shall receive an annual 
salary of eighteen hundred dollars and two of the assistant 
clerks shall receive an annual salary of fifteen hundred dollars 
each, and the third assistant clerk shall receive an annual sal¬ 
ary of twelve hundred dollars. The stenographer shall receive 
an annual salary of seven hundred and fifty dollars, payable as 
the salaries of other officers are paid; and: each of them must, 
before entering upon his duties, comply with such requisitions 
as the treasurer may prescribe for his own security. One of 
said assistant clerks shall be designated as a pension clerk. 

2. This act shall take effect upon its passage. 

Approved August 6, 1915. 


No. 213.) 


AN ACT 


H. 908—Weakley. 


° pr r de ^°f ^he return to surety companies organized under the laws of 
other states, the securities deposited by such companies with the treas- 
qw 01 } u a ^ e ’ w hen such company has ceased to do business in the 

Estate oi Alabama, and has reinsured its risks in another surety com¬ 
pany authorized to do business in Alabama. 


Be it enacted by the Legislature of Alabama: 

Section 1. That whenever any surety company authorized 
to do business in this State, and having on deposit with the 
State treasurer securities deposited as required by law for the 
security of its contracts in this State, has ceased to do business 
in this State, and has reinsured all of its risks in another surety 
company which is authorized to do business in the State of Ala¬ 
bama, and has complied with all of the laws of this State with 
regard to the deposit of securities for the protection of its risks 
so written in this State, the State treasurer is authorized and di¬ 
rected to deliver to such surety company which has ceased to do 
business in this State, the securities deposited by such company 
with the State treasurer, upon compliance by such company so 
withdrawing with the terms of section two of this act. 

Sec. 2. Whenever any surety company authorized to do 
business in this State shall cease to do business therein, and 
shall desire the withdrawal of its securities from the State 
treasurer, it shall make a written statement by its president or 
executive officer under the seal of the company, showing each 
contract of insurance or indemnity in force with the said com- 



pany in the State of Alabama, ancl stating that said contracts 
have been reinsured in another company authorized to carry on 
a similar business in the State of Alabama, and naming such 
company. The said surety company so desiring to withdraw 
from the State of Alabama, and desiring to secure the return of 
the securities deposited by it, shall also file with the State treas¬ 
urer a statement in writing signed by the executive officer of the 
re-insuring company, and under the seal of the said company, 
which said statement shall show that the last named company 
has assumed all liability, in connection with the risks of the 
withdrawing company, and that the beneficiaries under the con¬ 
tracts made with the withdrawing company, shall have the same 
right of action against the reinsuring company, and against the 
securities deposited by it as they would have against the com¬ 
pany in which such risks were originally written. 

Approved August 6, 1915. 


No. 216.) 


AN ACT 


(S. 419—Hill. 


To provide for the payment by the county or municipality of the expenses 
P 0f the publication of the Governor’s prodamatwn submitting a proposed 
constitutional amendment to the people, where the amendment apphe- 
only to a county or a subdivision of a county or to a municipality. 


Be it enacted by the Legislature of Alabama: 

Section 1. That whenever an amendment to the Constitu¬ 
tion of Alabama, effecting only a county or a subdivision of a 
county or a municipality, is submitted to the people for ratifi¬ 
cation or adoption, the county to which such amendment re¬ 
lates or effects, or the municipality which such amendment 
effects, shall pay the expense of the publication of the gov¬ 
ernor’s proclamation concerning such amendment and the cour 
of county commissioners or board of revenue of the coun y, 
where such amendment relates to a county or a part thereo . 
and the auditor, clerk, mayor or other officer, having authority 
to draw warrants on the treasury of such municipality, when 
such amendments relate to a municipality, shall, upon the 
presentation of a claim for the necessary amount to be paid 
by the State for such publication, certified by the State auditor, 
make an order and draw a warrant payable to the State treas¬ 
urer out of the funds of said county or municipality, as the 



279 


case may be, and it shall then become the duty of the custodian 
of the county funds or municipal funds, as the case may be, to 
pay the amount of said warrant to the treasurer of the State 
of Alabama. 

Approved August 9, 1915. 


No. 217.) 


AN ACT 


(S. 537—Lusk. 


To provide a circuit court in every county in the State, and for the consoli- 
dation of the chancery court and all other courts of record having the 
jurisdiction of the chancery court or circuit court or either of them into 
the circuit court, and to remove all pending causes and records into the 
circuit court, and to provide and regulate the proceedings therein. 

Be it enacted by the Legislature of Alabama : 

1. That there is hereby provided in every county in the 
State a circuit court with all the jurisdiction and powers that 
are conferred on the circuit court by the Constitution and laws 
of this State. 

2. That the jurisdiction and powers of the chancery court 
are hereby conferred on the circuit court, and the circuit court 
must proceed in, try and determine every cause, or proceeding 
in equity in the same manner, by the same rules and principles 
as the same cause would be tried if in the chancery court. 

3. That with the exception of the probate court, every 
court of record having the jurisdiction of the circuit court and 
chancery court, or of either, and every court of record by what¬ 
ever name called, having the jurisdiction to try civil and crimi¬ 
nal cases, or either with juries is hereby consolidated into the 
circuit court. This act must not be construed to affect in any 
manner the courts of county commissioners, or boards of reve¬ 
nue, nor the county courts established under article three (3) 
of chapter one hundred and ninety-eight (198) of the Code, 
nor any inferior court established in lieu of justices of the 
peace, nor any inferior court having the jurisdiction to try 
cases exclusively without juries. That all ’the papers, books, 
files and records of every kind belonging to, or on file in any 
court hereby consolidated into the circuit court shall be trans¬ 
ferred to and become a part of the papers, files, books and 
records of the circuit court and all causes, or proceedings of 
every kind pending in any court hereby consolidated into the 



280 


circuit court shall proceed to final judgment therein as though 
they had been begun in the circuit court in the first instance. 

4. The clerk, or register, of the circuit court, as the case 
may be, shall have full power to issue any mesne, or final pro¬ 
cess in any cause that was pending in a court at the time it was 
consolidated into the circuit court, and issue execution, or 
other final process on any judgment, or decree of any such court 
which was rendered before consolidation, and to make complete 
and perfect exemplifications of any order, judgment, decree, or 
proceeding and of every paper and record which formerly be¬ 
longed to the court which is consolidated hereby into the circuit 
court as fully and effectually as the clerk or register of the 
courts hereby consolidated could have made but for such consol¬ 
idation. 

5. This act shall take effect on the first Monday after the 
second Tuesday in January 1917, but as to the courts herein 
above abolished it shall become effective so as to preclude and 
prevent the nomination or election of judges, chancellors, or 
other officers connected with such abolished courts at the pri¬ 
mary and general election in the year 1916, and this act shall 
authorize the nomination and election of judges of said circuit 
courts in 1916. 

6. That if any section, clause or provision of this act shall 
be declared to be unconstitutional it shall not be held to affect 
any other section, clause or provision, but the same shall remain 
in full force and effect. 

8. That all laws, general, special or local in conflict with 
any of the provisions of this act be and the same are hereby 
repealed. 

9. That a circuit court shall be held at each place where 
a court of record is authorized to be held on December 31, 1916. 

Approved August 16, 1915. 


No. 219.) (H. 678—Walden. 

AN ACT 

To amend section 2044 of Code of 1907 of Alabama. 

Be it enacted by the Legislature of Alabama: 

That section 2044 of the Code of Alabama, of 1907, be 
amended so as to read as follows: Section 2044. Veterans who 
are eligible: Only indigent Confederate veterans and wives. 



281 


when accompanied by their husbands, who shall have been bona 
fide residents of the State of Alabama for two years prior to 
making application for admission into the soldiers’ home shall 
be eligible as beneficiaries under this article, provided how¬ 
ever, that the wife of such Confederate veteran shall at the time 
of such application, be over the age of sixty years, and provided 
further that she shall have been the wife of such Confederate 
veteran for five years or more prior to making such application 
for admission to said home. The wfidows of veterans whose 
husbands die while inmates of the home, and who accompanied 
their husbands to the home, shall remain inmates and bene¬ 
ficiaries of the home. 

Approved August 12, 1915. 


No. 220.) (S. 129—Lee. 

AN ACT 

To provide for a county board of education, to prescribe the method of elec- 
tion of the members thereof, to define the powers and duties of the 
board, and to require the boards of education in incorporated cities ana 
towns to make an enumeration of children of school age. 

Be it enacted by the Legislature of Alabama: 

Section 1. That from and after the third Saturday in 
November, 1916, the public schools of each of the several coun¬ 
ties of the State, except those in incorporated cities and towns, 
shall be under the immediate direction and control of a county 
board of education consisting of five members. The county 
board of education of each county shall be elected by the quali¬ 
fied electors of the countv. All members of the county board 
of education of any county shall be persons of good moral 
character with at least a fair elementary education, of good 
standing in their respective communities, and known for their 
honesty, business ability, public spirit and interest in the good 
of public education. 

Sec. 2. That at the general election of State and county 
officers in November, 1916, the qualified electors of the county 
shall elect five members of the county board of education; and 
provided that the five persons receiving the highest number of 
votes from the county at large shall be declared the members 
of the county board of education; provided, that the two 
members of the board so elected receiving the highest 
number of votes shall hold office for a term of six years; 



282 


that the two members receiving the next highest number of 
votes shall hold office for a term of four years; and that 
the member so elected receiving the lowest number of votes 
shall hold office for a term of two years; provided further, that 
at the general election of State and county officers in November, 
1918, and biennially thereafter, a member or members shall be 
elected for terms of six years to succeed those whose term or 
terms of office shall expire at that time; provided that any 
member of the board of education shall hold office until a suc¬ 
cessor has been elected and qualified. 

Sec. 4. That the county board of education of each of the 
several counties, elected as herein provided, shall meet in the 
office of the county superintendent of education of the county 
within ten days after the election of such board or any member 
thereof, qualify and organize by electing one of its members 
president. The president shall be entitled to vote on all ques¬ 
tions. The county superintendent of education shall be the 
secretary and executive officer of the board and shall attend all 
meetings of the same, but he shall not have the right of a vote 
in the board. 

Sec. 5. That the county boards of education shall have 
entire control of the public schools, unless otherwise provided 
by law, within their respective counties. They shall make rules 
and regulations for the government of the schools, see that 
the teachers perform their duties, and exercise such powers 
consistent with the law as in their judgment will best subserve 
the cause of education. The board shall have the right to ac¬ 
quire, purchase, by the institution of condemnation proceed¬ 
ings if necessary, lease, receive, hold, transmit, and convey the 
title to real and personal property for school purposes, except 
where otherwise provided, by and in the name of the county 
board of education, to sue and contract, all contracts to be made 
after resolutions adopted by the board and spread on its min¬ 
utes and signed by its president All process shall be executed 
by service on the executive officer of the board. 

Sec. 6. In addition to the duties hereinbefore prescribed, 
the county boards of education shall peform the following 
duties: (1) Select a county superintendent of education, pre° 
scribe his duties in addition to those required by law, and the 
amount of his salary; provided, that no member of a county 
board of education shall be eligible for election as county 
superintendent of education during the term for which he was 
elected as a member of the board of education. (2) Elect a 
county treasurer of public school funds. (3) Elect to hold 



283 


office until the next regular election as provided under this act, 
the succesor to any member of the county board of education 
whose place may have become vacant by death, resignation, or 
other cause: provided, that in case the county board fails for 
a period of thirty days to fill said vacancy, the State superin¬ 
tendent of education shall have authority to appoint a member 
to fill the same. At the next general election held in Novem¬ 
ber, a successor shall be elected for the unexpired term as pro¬ 
vided bv section 2 of this act for the election of other members. 
(4) Select upon the nomination of the county superintendent 
of education, assistant superintendents, supervisors and such 
office force as may be necessary, and fix their salaries. (5>) 
Select teachers for the several schools of the county upon nomi¬ 
nation of the county superintendent of education, fix their sal- 
aries, erect, repair, and furnish school houses, fix all wages 
of employees, determine all incidental expenses, and have en¬ 
tire control of the public school funds of the county, except as 
otherwise provided by law. (6) Fix the boundaries, of schoo 
districts and locate schools with reference to convenience, effi¬ 
ciency, and economy. (7) Consolidate schools and provide for 
the transportation of pupils at public expense. (8) Upon tne 
agreement of the boards of education of adjoining counties, au¬ 
thorize a child residing in one county to attend school m an¬ 
other county, and it shall be permitted to do so when the school 
in the other county is nearer than any school in its own county; 
upon the request of parents or guardians, a city board of edu¬ 
cation and a county board of education may make any just 
and equitable arrangement for the attendance of the children 
of the city at the schools of the county, and for the attendance 
of the children of the county at the schools of the city, and they 
shall do so when it can be done without injury to the schools 
of either the county or the city. (9) Control the public school 
funds as provided by law. (10) Appoint for every school in the 
county discreet, competent and reliable person or persons of 
mature years, not exceeding three in number, residing near to 
the schoolhouse, and having the respect and confidence of the 
people of the community, to serve as trustee or trustees of the 
school to care for the property and to look after the general 
interests of the school, and to make to the county board of edu¬ 
cation, through the county superintendent of education, from 
time to time, reports of the progress and needs of the schools, 
and of the will and sentiment of the people in regard to the 
school; but such person or persons shall not be paid for such 
service out of the public school funds. (11) Enforce compul- 



284 


sory attendance as required by law. (12) Act as promptly as 
possible on cases of appeal by pupils suspended by teachers. 
( 16 ) Dismiss county superintendents, assistant county super¬ 
intendents, and teachers for incompetency, improper or im¬ 
moral conduct, or inattention to duty, or whenever in tlieir 
opinion the best interests of the school may require. (14) Se- 
lect resident persons to enumerate the scholastic population of 
all children between the ages of seven and twenty-one vears as 
provided by law, and to require that in enumerating the scholas¬ 
tic population, the name of the child, the name of the parent or 
guardian, the age of the child, the school to which it belongs and 
the distance to the nearest school, be recorded, and also the 
fact as to whether the child is able to read and write. White 
children and negro children shall be reported in separate lists, 
and m any town or city maintaining a public school system, the 
board of education of that incorporated city or town,* is herebv 
empowered and required to enumerate the scholastic population 
of that city or town, as provided by law; and in addition to giv¬ 
ing the name of the child, and the name of its parents or 
guardians, and stating whether the child can read and write 
the name of the street and number of the house in which it 
resides shall be given. 

fil ® ec - 7 : ^ he members of the county board of education 
shall receive from the public school funds of the county their 
actual traveling and hotel expenses incurred in attending meet¬ 
ings of the board; provided that such expenditures shall be al¬ 
lowed for not more than twelve meetings in any one year. The 
members of the county board shall be paid in like manner as 
provided for the compensation paid to teachers; provided, that 
they shall not be required to hold State’ teachers’ certificates 
County superintendents shall be paid a minimum salary of 
$1,0°0 a year after September 30, 1915, shall engage in no 
other form of remunerative work. s e 

Sec. 8. All laws or parts of laws in conflict with the provi¬ 
sions of this act, except such as make provision for local taxa- 

S, 0 * f °/ f f h T purp , os< f’ are her eby repealed, and in case any 
part of this law is declared unconstitutional, the parts not so 
declared unconstitutional shall remain in full force and effect 
as the law of the State. 

Approved August 16, 1915. 



2S5 


- Na 223 ~) (S, 170—Lee. 

AN ACT 

To require private, denominational, and parochial schools to make school 


Be it enacted by the Legislature of Alabama: 

1. That all private, denominational and parochial schools, 
or private, denominational and parochial institutions of any 
kind having a school in connection therewith, shall be required 
to report on uniform blanks furnished by the State superin- 

endent of education, and at the time for making such reports, 
such statistics as relate to the number of pupils and instructors, 
enrollment, attendance, course of study, length of term, cost of 
tuition, funds, value of property, and the general condition of 
the school. 

2. All private, denominational or parochial schools offer¬ 
ing instruction within the compulsory attendance ages shall 
keep all records and make all reports that, may be required in 
any compulsory attendance law now in force or that mav here¬ 
after be enacted in the State of Alabama, and no pupil attend¬ 
ing any private, denominational, or parochial school which 
fails to comply with the requirements of this act shall be con- 
sidered to have met the legal requirements of such compulsorv 
attendance law. 

Approved August 16, 1915. 


No. 230.) 


AN ACT 


(S. 719—Hill. 


T ° fbl “ m Pe n s a tion of the secretary of the Senate, assistant secretary 

1*2 SS ,ef clerk * n his office ; the clerk of the House, as- 
sistant clerk of the House, and reading clerk of the House. 


Be it enacted by the Legislature of Alabama : 


Section 1. That the secretary of the Senate shall receive 
ten dollars per day, the assistant secretary of the Senate shall 
receive eight dollars per day, and the chief clerk in his office 
shall receive eight dollars per day; the clerk of the House 
shall receive ten dollars per day, the assistant clerk of the 
House shall receive eight dollars per day, and the reading 
clerk of the House shall receive eight dollars per day. & 



286 


Sec. 2. That this act shall become effective immediately 
after its passage, and approval by the Governor. 

Sec. 3. That all laws, and parts of laws in conflict with 
the provisions of this act, be, and the same are hereby repealed. 
Approved August 16, 1915. 


No. 231.) (S. 667—Judge. 

AN ACT 

To fix the time of electing the successor to the commissioner whose term of 
office expires during the year 1915, in all cities having a population ot 
one hundred thousand or over according to the last or any subsequent 
Federal census. 

Section 1. Be it enacted by the Legislature of Alabama , 
That in all cities of the State of Alabama having a population 
of one hundred thousand or over according to the last or any 
subsequent Federal census that the successor to the commis¬ 
sioner whose term of office expires during the year 1915 sha.ll 
be elected at an election to be held on the second Monday in 
October, 1915. 

Sec. 2. That all laws in conflict with this act are hereby 
repealed. 

Sec. 3. This act shall take effect immediately after its 
passage. 

Approved August 16, 1915. 


No. 234. (H. 1024—Fite of Tuscaloosa. 

AN ACT 

To authorize the board of trustees of the University of Alabama to invest 
the endowment fund of that institution, in whole or in part, in approved 
real estate securities. 

Be it enacted by the Legislature of Alabama : 

Section 1. That the board of trustees of the University of 
Alabama is authorized in its discretion, to invest the endow¬ 
ment fund of that institution, in whole or in part, as it may 
from time to-time determine, in approved real estate securities. 
Provided, That the funds of the University shall not be invested 



287 


in any mortgage, except it be a first lien on a fee simple title 
and not for a greater sum than the land is assessed for taxation, 
nor than sixty per cent of its real cash value. 

Sec. 2. That all laws and parts of laws in conflict with this 
act are hereby repealed. 

Approved August 16, 1915. 


No. 267.) (H. 868—Smith of Crenshaw. 

AN ACT 

To require the accurate keeping and safe preservation of all books, papers 
and documents of public officers and servants, and to provide the pun¬ 
ishment for failure to comply with the terms of this act. 

Be it enacted by the Legislature of Alabama: 

1. That it is hereby made the duty of all public officers and 
servants to correctly make and accurately keep in and for their 
respective offices, or places of business all such books, or sets 
of books, documents, files, papers, letters and copies of letters, 
as at all times to afford full and detailed information in refer* 
ence to the activities or business required to be done or carried 
on by such officer or servant, and from which the actual status 
and condition of such activities and business can be ascertained 
without extraneous information ; and all of the books, docu¬ 
ments, files, papers, letters, and copies of letters so made and 
kept, shall be carefully protected and safely preserved, and 
guarded from mutilation, loss or destruction. 

2. That the books, documents and files shall be uniform in 
size and general style of make up and binding throughout the 
several State offices and departments, and in their manufacture 
the best grades of paper, inks and binding shall be employed; 
and only papers, inks, typewriter ribbons, carbon papers, and 
ink pads of a permanent and non destructible character shall be 
used in any of such offices or departments. In contracting for 
the record books, letter heads or other writing papers, follow 
sheets, inks, typewriter ribbons, carbon papers and stamp pads, 
the secretary of State or other officer, officers or agents charged 
with the selection or purchase thereof, are hereby directed to 
require substantial uniformity as above provided, and to select 
only such books or other materials as conform to the require- 



288 


ments herein specified, to the end that all State, county and in¬ 
stitutional records may be lasting and permanent. 

3. That it is hereby made the duty of all public officers and 
servants of the State whenever any book, paper or document 
pertaining to the affairs, business or transactions of their of¬ 
fice, has ceased to be current, to deliver the same together with 
a list of such books, papers and documents, to the director of 
the department of archives and history, receiving in return 
therefor a receipt from such director which shall also contain a 
list of such books, papers and documents; and that all such 
books, papers and documents of officers and servants of coun¬ 
ties and cities shall be, when they cease to be current, in like 
manner delivered to the probate judge of such county, and to 
the mayor, president of the city commission or other executive 
officer of the city, and in like manner, such officer to whom such 
books, papers and documents are delivered shall give his receipt 
therefor. 

4. That all public officers and servants of this State are 
hereby required to turn over to their successor in office, to¬ 
gether with a list thereof, all current books, papers and docu¬ 
ments pertaining to the business, affairs or transactions of their 
office, taking a receipt therefor, which said receipt shall also 
contain a list of all such books, papers and documents. 

5. That it is hereby made a misdemeanor for any public 
officer or servant to violate or fail to comply with any of the 
provisions of this act, and any such person violating any of the 
provisions of this act may, upon conviction, be fined not exceed¬ 
ing five hundred dollars, and may also be sentenced to hard 
labor for the county for not exceeding six months, at the discre¬ 
tion of the court or jury trying the case. 

6. That any officer or servant violating any of the provisions 
of this act, if such violation is of such a nature as to render it 
impossible or impracticable to ascertain the correct status of 
the business, affairs or finances of his office without extraneous 
evidence, such a violation shall constitute a felony and, upon 
conviction therefor, such officers or servant shall be punished 
by imprisonment in the penitentiary of this State for not less 
than two nor more than ten years. 

7. That a public officer or servant, as used in this act, is in¬ 
tended to and shall include, in addition to the ordinary public 
offices, departments, commissions, bureaus and boards of the 
State, and the public officers and servants of counties, cities 
and towns, all persons whatsoever occupying positions in State 
institutions. 



289 


8. That all laws and parts of laws in conflict with any pro¬ 
vision of this act are hereby expressly repealed. 

Approved August 20, 1915. 


No. 240.) 


(H. 980—Fite of Marion. 


AN ACT 

To submit to the qualified electors of the State, at the general election to be 
held on the first Tuesday after the first Monday of November,.1916, for 
their consideration, an amendment to the Constitution of Alabama re¬ 
pealing and striking out of the Constitution section 250 of article 13, 
which section is as follows: “Holders of bank notes, and depositors 
who have not stipulated for interest, shall, for such notes and deposits, 
be entitled in case of insolvency, to preference of payment over all other 
creditors, provided this section shall apply to all banks, whether incor¬ 
porated or not.” 

Be it enacted by the Legislature of Alabama: 

Section 1. That the following amendment to the Constitu¬ 
tion of Alabama is hereby proposed to be submitted to the qual¬ 
ified voters of Alabama for their consideration, as hereinafter 
set forth, viz.: That the Constitution of Alabama be and the 
same is hereby amended by repealing and striking out of the 
Constitution section 250 of article 13 of the Constitution, which 
section is as follows: “Holders of bank notes, and depositors 
who have not stipulated for interest, shall, for such notes and 
deposits, be entitled in case of insolvency, to preference of pay¬ 
ment over all other creditors; provided, this section shall apply 
to all banks, whether incorporated or not. r 

Sec. 2. That it shall be the duty of the Governor to give 
notice by proclamation to be published in one newspaper in 
each county in the State at least eight successive weeks next 
preceding the general election in November, 1916, of the elec¬ 
tion on the amendment proposed by this act to be submitted to 
the qualified voters of the State for their consideration to¬ 
gether with the proposed amendment. 

Sec. 3. That at the general election in November, 1916, an 
election shall be held for the vote of the qualified electors of the 
State upon the proposed amendment. Upon the ballots used at 
such election shall be printed the following, viz.: Shall the Con¬ 
stitution of Alabama be amended by repealing and striking* out 
of the Constitution section 250 of article 13, which section is as 
follows: “Holders of bank notes, and depositors who have not 


10 GA 



stipulated for interest, shall, for such notes and deposits, he en¬ 
titled in case of insolvency, to preference of payment over all 
other creditors; provided, this section shall apply to all banks 
whether incorporated or not.” Following the proposed amend¬ 
ment on the ballots shall be printed the word “Yes” and imme¬ 
diately under that shall be printed the word “No.” The choice 
of the electors shall be indicated by a cross mark made by him 
or under his direction opposite the word expressing his desire. 

Sec. 4. The officers of such general election shall open a 
poll for the vote of the qualified electors upon the proposed 
amendment. The election shall be held in all things in accord¬ 
ance with the law governing elections. In the election upon such 
proposed amendment the votes cast thereat shall be canvassed, 
tabulated, and the returns thereof be made to the secretary of 
State and counted in the same manner as in elections for repre¬ 
sentatives to the Legislature. The result of said election shall be 
made known by proclamation of the Governor, and if a majority 
of the qualified electors who voted at such election upon the pro¬ 
posed amendment voted “Yes,” said amendment from the date 
of said proclamation shall be valid to all intents and purposes 
as a part of the Constitution of Alabama, and said section 250 
of article 13 of the Constitution of Alabama shall thereupon be 
held and deemed repealed and stricken out of the Constitution 
of Alabama. 

Approved August 20, 1915. 


No. 243.) (EL 224—Chamberlain. 


AN ACT 

To provide for the location, acquirement, ownership and operation by cities 
in Alabama which lie upon the navigable waters of the State of Ala¬ 
bama and which have, or which may hereafter have, a population of as 
many as fifty thousand and less than one hundred thousand, according 
to the last Federal census or any other Federal census which may here¬ 
after be taken, of water terminals and other structures needful for the 
convenient use of same in aid of commerce: and to provide, insofar as 
appurtenant to said water terminals and structures, for the establish¬ 
ing and collecting of charges for service, for the exercise of eminent 
domain, for the issuance of bonds and for the holding of elections to 
decide whether or not bonds shall be issued. 

Be it enacted by the Legislature of Alabama as follows: 

Section 1. All cities of the State of Alabama which have a 
population of as many as fifty thousand and less than one 



291 


hundred thousand according to the last Federal census or 
which shall thereafter have such population, according to any 
Federal census that may be taken hereafter, and which lie upon 
the navigable waters of the State of Alabama shall have the 
power and authority within the corporate limits of such cities, 
and within the adjoining territory which lies within five miles 
of the corporate limits of such cities to locate, install, acquire, 
create, own, maintain, equip, use, control and operate wharves, 
piers, docks, quays, warehouses and other water terminals and 
other structures needful for the convenient use of same in the 
aid of commerce, including the dredging of approaches thereto. 
All such structures are to be subject to such lines and limita¬ 
tions as may be now, or hereafter at any time, laid or placed 
by any authority of the United States or of the State of Ala¬ 
bama for control of harbor and pier lines. 

Sec. 2. Such cities shall have the right to establish and 
collect suitable charges for the use of the properties and facili¬ 
ties, owned or operated by such cities under section 1 hereof. 

Sec. 3. For the acquiring of the property or riparian rights 
necessary for the construction of said wharves, piers, docks, 
quays, warehouses and other water terminals and other struc¬ 
tures for the convenient use of same in the aid of commerce, 
authorized to be constructed under the provisions of this act, 
such cities shall have the right of purchase and of eminent 
domain and should they elect to exercise the right of eminent 
domain they may proceed in the manner provided by the general 
laws of the State of Alabama, for procedure by any county, 
municipality or corporation organized under the laws of this 
State, or any person or association of persons proposing to take 
lands or to acquire an interest or easement therein, for any 
uses for which private property may be taken. 

Sec. 4. That such cities may issue bonds for the purpose of 
paying the purchase money and cost of construction of prop- 
ertv purchased or constructed under the authority contained 
herein and may order elections to be held in such cities for the 
purpose of the" qualified electors of such municipalities voting 
upon and deciding the question of whether or not the bonds 
of such municipalities shall be issued for such purposes, but 
no second election for this purpose shall be held within two 
years of an election theretofore held for the same purpose. Such 
elections shall be conducted in the following manner, to-wit.: 
Notice of such election shall be given for thirty days by publica¬ 
tion in a newspaper published in the municipality in which 
such election is to be held, once a week for three successive 



292 


weeks, which notice shall state the purpose for which the elec¬ 
tion is to be held, and the time and place of holding same, the 
amount of - the proposed bond issue, the rate of interest the 
bonds are to bear, the time for which they are to run, and the 
purpose for which the bonds are to be issued, and such notice 
shall be signed by the mayor or other chief executive of such 
municipality in which such election is to be held, and if no 
newspaper is published therein such notice must be posted in 
five public places in said municipality at least thirty days 
before the time of holding said election. The ballot used at such 
elections must be prepared by the mayor or other chief execu¬ 
tive officer, and shall contain the words “For. 

bond issue,” and “Against.bond issue” (the 

character of the bonds to be shown in the blank space), and the 
voter shall indicate his choice by placing a cross mark before 
and after the one or the other. The board of commissioners or 
other governing body of such municipality in which an election 
under this section is to be held shall appoint three managers 
and one returning officer for each voting precinct for such mu¬ 
nicipality, to conduct said election, and in appointing such 
managers, as far as practicable, at least one manager at each 
voting precinct shall be for bond issue and one against bond 
issue. The chief executive officer of such municipality shall 
notify the managers and returning officers of such appoint¬ 
ments, and shall deliver the boxes and ballots to the managers 
at the several voting precincts in the municipality. All expenses 
for holding such election shall be paid out of the treasury of 
the municipality in which the same is held, and the managers, 
clerks, and returning officers shall be entitled to the same 
compensation as managers, clerks and returning officers at 
other municipal elections. The board of commissioners or other 
governing body of the municipality in which an election is held 
under this section shall constitute a board to canvass the re¬ 
turns and declare the result of such an election and it shall 
meet at the usual place of meeting on the day after the date of 
holding such election, and canvass the returns and declare the 
result thereof. Any election held under the provisions of this 
section can be contested by any qualified elector of the city by 
executing a bond with sufficient sureties, to be approved by 
the judge of probate of the county, for the payment of the costs 
of the contest. Notice of the contest shall be served on the 
mayor of the city, or other chief executive, in which such elec¬ 
tion was held, upon the execution of the bond for costs, with 
sufficient sureties and its approval by the judge of probate of 





293 


the county, and the city shall be made contestee, and an an¬ 
swer shall be filed in the name of such city. All provisions 
and incidents of the election law of this State relating to a 
contest of an election of justice of the peace shall be observed 
as to the contest of an election held hereunder, but no contest 
of an election can be instituted after the expiration of ten 
days from the date of the canvass of the returns of said election. 
The record of the result of the election held under the provi¬ 
sions of this section, as returned by the board of canvassers 
shall be recorded in the minutes of such municipality in which 
the same is held, and when so recorded, the records shall be 
conclusive evidence of the matters therein stated, and the valid¬ 
ity of such elections, unless contested as provided hereinbefore. 
If at an election held under and according to the provisions of 
this section a majority of the qualified electors voting at such 
election of the municipality in which the election is held vote 
“For bond issue,” the board of commissioners or other govern¬ 
ing body of the municipality in which such election is held 
shall issue the bonds of such municipality in the amount and 
for the purposes mentioned in the notice of said election. 

Sec. 5. All bonds and interest coupons attach—to the 
same, issued under the authority of this act shall be exempt 
from State, county and municipal taxation, and the same shall 
have all the property and protection of commercial paper. 

Sec. 6. The denomination of the bonds, the time for which 
the same shall run, the place of payment, and the rate of inter¬ 
est to be paid on the same shall be fixed by the governing body 
of the municipality issuing the same, but no bonds issued 
under the provisoins of this act shall bear a greater rate of 
interest than five per cent per annum and the same shall not be 
sold for less than face value. 

Sec. 7. All bonds issued under the authority of this act 
shall be signed by the chief executive officer and countersigned 
by the treasurer of the municipality issuing the same, and the 
official seal of the municipality shall be impressed upon or af¬ 
fixed to the same. 

Sec. 8. All bonds so issued shall have attached to the 
same, interest coupons, which shall bear the signature of the 
chief executive officer and the treasurer of the municipality 
issuing the same, but their said signatures may be printed or 
lithographed facsimiles. 

Sec. 9. No irregularity in the proceedings to authorize the 
issue of bonds under this act nor the omission or neglect of any 
officer charged with executing any of the duties imposed by 



294 


this act, shall affect the validity of any bonds issued under 
the authority of this act. 

Approved August 24, 1915. 


No - 250.) (S. 700—Lewis. 

AN ACT 

To amend section 5838 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama: 

That section 5838 of the Code of Alabama be, and the same 
is, hereby amended so as to read as follows: 5838. The court 
of county commissioners or courts of like jurisdiction may ac¬ 
cept a money compensation to be fixed by them not to exceed ten 
dollars ($10.00) per capita, per annum from those liable for 
road duty in lieu of the labor required by law on public roads, 
provided that in counties of a population of thirty-five thousand 
(35,000) as shown by the last Federal census the amount in lieu 
of labor shall not exceed five dollars ($5.00). Said money to go 
into the road fund of said county and to be appropriated exclu¬ 
sively to the public roads in the precinct or beat from which the 
money was collected. No contract under this article shall be let 
to any State, county or municipal officer or to any firm or cor¬ 
poration in which such officer is interested. 

Approved August 20, 1915. 


No. 257.) (S. 562—Judge. 

AN ACT 

To further provide for the organization, government and regulation of cities 
which now have or which may hereafter have a population of as much 
as one hundred thousand people according to the last Federal census, or 
any such census which may hereafter be taken, and to further provide 
for and define the rights, powers, duties, procedure, jurisdiction and 
authority of such cities and of the officers, courts, and bodies thereof, 
and of the State and county officers, courts, bodies, boards and funds 
in relation to such cities and the officers and affairs thereof, and to pre¬ 
scribe penalties for the violation of this act. 

Be it enacted by the Legislature of Alabama: 

Section 1. The provisions of this act shall refer to and ap¬ 
ply only to cities which now have or which may hereafter have 



295 


a population of as much as one hundred thousand people ac¬ 
cording to the last Federal census, or any such census which 
may hereafter be taken. 

Sec. 2, A majority of the members of the board of commis¬ 
sioners or other governing body of such cities shall constitute a 
quorum but any meeting of such board or governing body may 
be adjourned from time to time by any number less than a quo¬ 
rum and the attendance of absent members enforced. It shall 
not be necessary to reduce to writing any motion made at any 
meeting of such board or governing body, but all such motions 
shall be spread on the minutes of such meetings. Any matter 
which may be acted on at any regular meeting of such board or 
governing body may be acted on at any special or called meeting 
by unanimous consent of all the members of such board or gov¬ 
erning body present at such meeting. 

Sec. 3. Each such city shall have full and continuing power 
and authority to establish, purchase, build, erect, own, maintain 
and operate waterworks, gas and electric light plants and 
works, telephone systems and other public utilities; and when 
so maintaining or operating any such public utility, to furnish 
service therefrom to any persons, corporations or municipalities 
in surrounding territory, and to charge such persons, corpora¬ 
tions and municipalities for such service at rates to be fixed by 
contract or otherwise, by such city furnishing such service, 
which rates need not be in conformity with the rates and classi¬ 
fications in such city; to regulate the manner of and rates for 
furnishing gas, electricity, telephone service, steam heat and 
street car transportation and the service of other public utilities 
furnished in such city, or in the police jurisdiction thereof by 
any person or corporation, together with the character of such 
service; and to prescribe and regulate the quality and manner 
of furnishing gas, electricity, telephone service, steam heat, 
transportation, or other service of public utilities so furnished. 
The powers hereby granted shall include the right to establish 
or build and maintain such plants or parts thereof anywhere 
outside the limits of such cities, and to acquire by condemna¬ 
tion any property needed for any such purposes. Provided, 
however, that nothing in this section shall be construed to au¬ 
thorize any invalidation of existing contracts. 

Sec. 4. Where any such city has already, or which may 
hereafter by alteration or rearrangement of its boundary lines 
or otherwise absorbed or included within its limits, any other 
city or town which owned, or which may own any water works, 
gas, or electric light systems, or other public utility, such city 



296 


so altering or rearranging its boundary lines, or otherwise ab¬ 
sorbing or including such other town or city may take charge 
of and operate said water works, gas or electric light systems or 
other public utility, and make and prescribe rules and regula¬ 
tions governing the use of such plants and the water, gas, elec¬ 
tricity or other service supplied thereby, and make charge for 
such use and for service without regard to the rules and regula¬ 
tions and charges previously in effect in the absorbed city or 
town. The operation of such public utility may be discontinued 
if in the opinion of the governing body of such city it should be 
deemed to the interest of such city so to do. 

Sec. 5. Such cities shall have full power and authority to 
establish, erect, maintain, repair, rebuild, enlarge, extend, op¬ 
erate, provide for and regulate public auditoriums and other 
buildings or places for public meetings or other public build¬ 
ings. 

Sec. 6. Such cities shall have full, complete, unlimited and 
continuous power and authority, from time to time, to adopt 
ordinances and regulations not inconsistent with the laws of 
the State and the Federal and State Constitutions to carry into 
effect or discharge the powers and duties conferred by law upon 
such cities, and to provide for the safety, preserve "the health, 
promote the prosperity, improve the morals, orders, comfort, 
and convenience of the inhabitants of the city, and to prevent 
and punish injuries and offenses to the public therein, and to 
prevent conflict and ill feeling between the races in such cities 
by making provisions for the use of separate blocks or parts of 
blocks for residences, places of abode, and places of assembly by 
the different races, and to prevent evasions and punish viola¬ 
tions of the ordinances and resolutions of such cities, and to 
compel obedience thereto by fine not exceding one hundred dol¬ 
lars and by imprisonment or hard labor not exceeding six 
months, one or both, and by revocation of licenses granted by 
such municipality upon conviction in the recorder’s court for 
violation of any of said ordinances, provided, however, that 
this section shall not be construed to authorize the forfeiture of 
franchises granted by State laws or city ordinances without ap¬ 
propriate legal proceedings, and to the ends set out in this sec¬ 
tion the full, complete and unlimited police powers possessed 
by the State of Alabama are hereby delegated to such cities and 
towns as though specifically and in detail set out in this section, 
in so far as it is possible for the Legislature of Alabama under 
the Constitution of Alabama and of the United States to dele¬ 
gate such powers, it being expressly declared that nothing com 



297 


tained therein shall be construed as a limitation of or restric¬ 
tion on the police powers heretofore or herein granted to such 
cities under general or special laws. 

Sec. 7. Judicial notice of all ordinances, laws and by-laws 
of such cities shall be taken by the courts of the State. 

Sec. 8. The governing body of any such city may provide at 
any time it may deem proper, for the revision and codification 
of its ordinances, by-laws, and permanent resolutions, or for the 
adoption of a code or codes by ordinance, such code or codes and 
the revisions or amendments thereof may relate to the whole 
system of city by-laws, ordinances and permanent resolutions, 
or may relate to that portion of such ordinances, by-laws and 
permanent resolutions which relate to, affect or purport to gov¬ 
ern any particular subject or subjects or subdivisions of munici¬ 
pal legislation. The governing bodies of such cities shall have 
full power and authority to prescribe the manner in which said 
code or codes, revisions or amendments thereto, shall be made 
public, whether by proclamation of any officer or officers of said 
city by posting, or by publication, one or all, but it shall not be 
necessary unless so prescribed by the governing body for such 
code or codes, revisions or amendments thereto, to be published 
in a newspaper or newspapers. Nor shall it be necessary that 
such code or codes, revisions or amendments thereto, be spread 
at length upon the minutes. The governing body may preescribe 
that such code or codes, revisions or amendments thereto may 
be certified by and filed with the city clerk, or other correspond¬ 
ing officer, in lieu of spreading the same on the minutes; and 
the governing body may prescribe the manner in which copies 
of such code or codes, revisions or amendments thereto, may be 
officially certified for use by the inhabitants or by the courts. 

Sec. 9. The publication of all ordinances, resolutions, proc¬ 
lamations and notices of such cities may be made and authen¬ 
ticated by the city clerk. 

Sec. 10. Except as herein otherwise provided, all claims 
against such cities (except bonds and interest coupons, and 
claims under written contracts for the payment of money sign¬ 
ed by the city) shall be filed with the city clerk or the city offi¬ 
cer corresponding thereto, within one year from the accrual 
thereof to be by him presented to the governing body of such 
city or the same shall be barred; and no claim against such cit¬ 
ies shall be sued on until ten days after a statement of same has 
been filed with the city clerk. 

Sec. 11. All payments of money made to any such city or 
any officer or board thereof under mistake of law or fact upon 



298 


any irregular or illegal tax assessment, or any ordinance or 
resolution or any assessment for public improvements or for 
any such purpose whatever, shall only be recoverable if pro¬ 
ceedings for such recovery shall be commenced within twelve 
months after such payment was made and after written claim 
filed within three months from the time such payment was 
made. Provided this shall not be construed to prohibit the gov¬ 
erning body of such city from voluntarily paying such claim 
within two years from the time such money was so erroneously 
collected, provided, if in the opinion of the such governing body, 
the city has available funds which are not otherwise necessary 
to the proper administration of such city. 

Sec. 12. No suit shall be brought or maintained nor shall 
any recovery be had against any such city on a claim for per¬ 
sonal injury, or for neglect or wrongful injury to personal prop¬ 
erty, unless within ninety days from the receipt of such injury, 
a sworn statement be filed with the city clerk, or the city officer 
corresponding thereto, by the party injured, stating substantial¬ 
ly the manner in which the injury was received and the day and 
time and place where the accident occurred, and the damage 
claimed, and stating with substantial accuracy the nature and 
character of the injury received and the street and house num¬ 
ber where the party injured resides. 

Sec. 13. No such city shall be liable in damages for personal 
injuries or damage to personal property by reason of any act or 
omission done or omitted in the exercise of its governmental 
functions or failure to exercise such functions, provided, how¬ 
ever, this provision shall not be construed to prohibit or limit 
the recovery of damages for personal injuries arising out of de¬ 
fects in highways as now provided or allowed by law. 

Sec. 15. That such cities shall have full power to condemn 
for any municipal or public purpose any land or interest there¬ 
in by the exercise of the right of eminent domain in the manner 
now or hereafter provided by the general laws of Alabama for 
the condemnation of property for public use; and such condem¬ 
nation may be had whether the land or interest therein sought 
to be condemned is already used for a public purpose or not. 
The condemnation under this section of any right of way or 
easement o.f any street, electric or other railroad shall be sub¬ 
ject to the continued use of such rights of way or easements by 
such railroads in conjunction with the public rights and ease¬ 
ments so acquired. 

Sec. 16. That no dedication of any street, avenue, alley, or 
other public way in any such municipality shall be effective as 



299 


to the part thereof within such city, without the assent of the 
governing body of such city evidenced by any ordinance or res¬ 
olution adopted by such governing body. A copy of such ordi¬ 
nance or resolution may be recorded in the office of the probate 
judge in the county in which the lands are situated with any 
map or plat showing the subdivision of the lands of any person, 
firm or corporation who desires to divide his lands into lots. 

Sec. 17. That in all cases in which it is proposed by any per¬ 
son, firm or corporation to vacate or annul, either in whole or 
in part, any map or plat of lands which includes lands in any 
such city in order to effect the vacation of such map or plat, the 
assent of the governing body of such municipality must be pro¬ 
cured evidenced by a resolution adopted by such governing 
body, a copy of which certified by the clerk or other correspond¬ 
ing officer of such city must be attached to, filed, and recorded 
with the written declaration of vacation. 

Sec. 18. Such cities shall have the power to assess any mu¬ 
nicipal or county property for the costs of street improvements 
and sewers, and the costs of such improvements may be bonded 
as in the case of private property, where such assessments are 
made against county property, the city shall not have power to 
sell such county property to satisfy the assessments, but the 
claim therefor shall be a preferred claim against the general 
revenues of the county and may be collected by an action at law 
in the nature of an action of debt without the necessity of filing 
any itemized or verified claim. 

Sec. 19. That where such cities shall hereafter pave or re¬ 
pave, improve or reimprove streets, alleys, avenues or other pub¬ 
lic ways in such manner as that in the opinion of the governing 
body thereof the construction of storm sewers and the necessary 
inlets or other appurtenances, any or all is reasonably necessary 
as a part of such improvement, such cities shall have the power 
to assess the entire cost of such storm sewers and appurte¬ 
nances as a part of the said pavement or improvement in the 
same manner and against the same property assessed for the 
improvement of the said highway so paved, repaved, improved 
or reimproved, and it shall not be necessary for such cost of 
such storm sewers or appurtenances to be assessed against the 
area drained thereby; provided, however, the amount assessed 
against said abutting property as herein above authorized shall 
not exceed the increased value of such property by reason of the 
special benefits derived from such improvements. 

Sec. 20. That at any meeting held for the purposes provided 
for in section 1364 of the Code of Alabama at which the govern- 



300 


ing body of such city or town shall meet to hear any objection or 
remonstrance that may be made to any public improvement, the 
cost of all or a portion of which it is proposed to assess against 
property abutting or drained by such improvement the manner 
of making the same or the character of the material to be used, 
or at a place and time to which the same may be adjourned all 
persons whose property may be affected by any proposed im¬ 
provement in any such city may appear in person or by attorney 
or by petition, and object or protest against said improvement, 
the material used, the manner of making the same, the manner 
in which will affect their property, the grades of the said im¬ 
provements, the failure of the governing body of such city to 
comply with the law providing for such improvements, and any 
other grounds of objection or protest, and the failure of any 
person whose property may be affected by the proposed im¬ 
provements to so object or protest at such time, shall thereafter 
estop him, his heirs, personal representative privies and as¬ 
signs, from objecting, defending or protesting against the said 
improvements in any manner or in any court by reason of any 
technical defect in the improvement ordinance or by reason of 
the manner of the passage of the same; provided, however, that 
he shall thereafter at the proper time, and as provided by law, 
have the right to object to the confirmation of the assessment to 
be levied on his property upon the grounds that the same is in 
excess of the increased value' of such property by reason of the 
special benefits to be derived from such improvements. And the 
governing body of such city shall consider such objections and 
protests, if any, and may confirm, amend, modify or rescind the 
original order or resolution, but if objection to the proposed 
improvements be made by a majority in frontage of the proper¬ 
ty owners to be affected thereby, when the proposed improve¬ 
ments are to be assessed against the property fronting or abut¬ 
ting on a street, avenue or alley, or by a majority in area of the 
property owners, when the proposed improvements are to be as¬ 
sessed against the property comprising a sewerage, drainage or 
improvement district, the improvement shall not take place un¬ 
less ordered by a two-thirds vote of those elected to the board or 
other governing body of such city. 

Sec. 21. If, on hearing of any cause on appeal from the de¬ 
cision of the governing body of any such city in making any as¬ 
sessment against any property for public improvements, there 
should be no judgment rendered in favor of such city, or, if it 
shall appear that the property owner prior to any settling of the 
cause on appeal shall have tendered such city an amount equal 



301 


to or in excess of tlie judgment rendered in favor of such city> 
then the cost of such appeal shall be taxed by the court agains 
such city otherwise, they shall be taxed and shall be chargeable 
against the property owner and said lot or land, in addition to 
other costs chargeable on such appeal, there shall be taxed as 
costs in each case the cost of making a transcript of the pro¬ 
ceedings provided for in section 1392 of the Code which shall be 
charged at the rate of ten cents per one hundred words and 
shall be collected as other costs are collected for the benefit o 

such city. . 

Sec. 22. If there be a street, electric, or other railroad track 
or tracks on any street or highway in any such city improved or 
re-improved under article 26, chapter 32 of the Code of 1907 or 
under any general law of this State the cost of such lmpiove- 
ment, except storm water and sanitary sewers, between the 
tracks and the rails of the tracks, and in case there are two or 
more tracks, the space between such tracks, and eighteen inches 
on each side of the tracks including switches and turnouts shall 
be paid bv the owner of such railroad, and shall be assessed 
against and form a lien on said railroad, and the property con¬ 
nected therewith and in the event that storm water sewers are 
constructed which drain the streets or avenues or rights of way 
on which is a street, electric, or other railroad, whether the same 
be a continued or a separate stream, there shall be assessed 
against such railroad a fair and just proportion of the cost ot 
construction of such sewer, to be determined by the governing 
body of such city, and such assessment shall be a lien like other 
assessments and may be collected in like manner, and upon the 
failure of the owner "of the said street, electric, or other railroad 
to pay any such assessment levied as provided in this section, or 
to appeal from the levy of said assessment within twenty days 
after the same shall have been made final, or to promptlj pay 
any amount adjudged to be due upon any appeal from the levy 
of said assessment, such city may collect the same with the in¬ 
terest provided by law by an action at law in the nature ot an 
action of debt in which said city may obtain a personal judg¬ 
ment against such owner, and have execution and other process 
such as is proper in such actions; to enforce such judgment as 
mav be obtained, or said city may enforce said lien in equity 
either by a sale of the whole of the right of way, property and 
franchises of said street, electric, or other railroad, or such part 
thereof as may be necessary to collect the said assessment, or 
bv a receivership and the sequestration of the income or earn¬ 
ings, or both, of said street, electric or other railroad, and the 



302 


council may require the owners of such street railroad or other 
railroads to prepare or construct its tracks for the receipt of 
such pavings or other improvements in a manner satisfactory 
t° the council. Such city may in like manner collect all assess¬ 
ments heretofore levied against the property of any such street, 
electric or other railroad for any such improvements under any 
improvement ordinance heretofore adopted. 

See. 23. All liens now or hereafter acquired by such cities 
for public improvements under the general laws of this State 
shall continue until the same are paid or satisfied in full. 

Sec. 24. Such cities may require that all buildings and 
structures therein be kept in a safe and tenantable condition or 
be removed, and they may provide for a condemnation of build¬ 
ings and structures, or parts of buildings and structures, party 
walls and foundations when the same are unsafe, or are likely 
to become unsafe from any cause. And upon the failure of any 
person, firm or corporation whose duty it may be to remedy any 
unsafe, unsanitary or dangerous condition of any building or 
structure, or any appurtenances thereto or therein, or to remove 
the same upon such notice as may be prescribed by such city, 
then such city may proceed to remedy such conditions or re¬ 
move such building or structure, or such part thereof as may be 
unsafe or is likely to become unsafe from any cause, and the ex¬ 
penses incurred in remedying such condition or in such removal 
shall be a debt due by the owner of the building to the city and 
may be collected by the city, and shall constitute a lien upon 
said property superior to all other liens except for taxes and 
assessments for local improvements, which lien may be enforced 
by any court having jurisdiction of any suit brought by the city 
to collect said debt or in the chancery court. 

Sec. 25. That the prosecutions of all offenses arising out 
of the violation of ordinances, resolutions and by-laws of any 
such city, and of all misdemeanors before the recorder’s courts 
of any such city may be commenced at any time within twelve 
months next after the commission thereof. 

Sec. 26. That if in the county in which any such city is sit¬ 
uated, there is a court of general jurisdiction of criminal mat¬ 
ters. exclusively, to which appeal may be taken by law, all ap¬ 
peals taken, both by such city and by defendants, from the re¬ 
corder’s courts of such city shall be taken to said court and not 
to the circuit court. 

Sec. 27. In all such appeal cases if the defendant fails to 
appear in the court to which an appeal was taken when the case 
is called for trial, unless good cause is shown to the court for his 



303 


absence or default, the court shall enter up a judgment of for¬ 
feiture on his appeal bond against the defendant and his sure¬ 
ties, and the defendant and his sureties shall be liable to the 
same penalties, forfeitures and procedings as on a forfeited bail 
bond taken by the court and a new warrant of arrest may issue 
from that court without any other authority therefor. Or, 
where any such forfeiture has been made final against the said 
defendant and his sureties or any of them, the said appeal may 
be dismissed by the court ex mero motu or upon motion of the 
solicitor or his assistant or of the city attorney or his assistant 
prosecuting such cause, upon which dismissal of such appeal, 
and by the fact of such dismissal of said appeal, the judgment ot 
the recorder’s court against the defendant shall become final 
and the clerk of such court to which such cause was appealed, 
must, in writing, notify the mayor or other chief executive or 
the chief of police of said city of the judgment of the court dis¬ 
missing such appeal whereupon the defendant may be arrested 
as an escape and shall be punished in accordance with the orig¬ 
inal judgment of the recorder’s court, and in case the defendant 
appears on such appeal and judgment is rendered against him, 
unless the fine and costs are presently paid, or a judgment con¬ 
fessed therefor in favor of the city or town by the defendant, 
with sureties in the same manner as provided for in convictions 
for violating the State laws, the said court to which said appeal 
was taken must remand the defendant to the city authorities for 
punishment, and the clerk of such court must in writing notify 
the mayor or other chief executive or the chief of police of said 
city of the judgment of such court trying such case and said no¬ 
tice shall accompany the defendant when he is delivered to the 
city authorities for punishment ; but, if the judgment of said 
court is paid, the clerk of said court may receive such fine and 
costs and the defendant may be discharged, and such clerk 
must, under a penalty of five per centum per month for a failure 
to do so, pay said money to treasurer, or to the officer corre¬ 
sponding to the treasurer of the city, within thirty days after 
he received it. His bondsmen shall also be liable for said pen¬ 
alty, and the amount thereof with the money collected may be 
recovered on motion after three days’ notice. 

Sec. 28. Upon the conviction of the defendant in the court 
to which an appeal is taken from a judgment rendered in a re¬ 
corder’s court in such cities or upon the entering of a judgment 
of forfeiture against the defendant there shall be added to the 
other costs to be taxed against the defendant or against the de¬ 
fendant and his sureties in case a judgment of forfeiture is suf- 



304 


fered to be entered, a city solicitor’s fee of five dollars, to be 
paid to such cities in the same manner and under the same pen¬ 
alties as fines are paid. 

Sec. 29. On all appeals from recorder’s courts of such cities, 
when the Same are tried by jury and where the jury shall im¬ 
pose a fine only upon the person convicted, the judge presiding 
shall be authorized in his discretion to impose additional pun¬ 
ishment by way of imprisonment in the city jail, or other place 
of confinement, or hard labor for the city, as is or may be au¬ 
thorized by law or ordinance for such offense. 

Sec. 30. From the judgment of any court to which appeal 
shall be taken, or which heretofore has been taken from any re¬ 
corder’s court in any such city, the city or the defendant in any 
case may appeal to the court of appeals of the State of Alabama 
and, on such appeals by any such city, no surety shall be re¬ 
quired on the appeal bond but such bond executed in the name 
of the city by the mayor or president of the board of commis¬ 
sioners shall in all cases be sufficient. 

Sec. 31. That any regularly authorized inspector of the 
health department of any such city in Alabama shall have the 
right to enter and shall have full access and ingress to and 
egress from any dairy in the State producing milk, cream, or 
other dairy products for sale or other distribution in such city, 
together with the premises surrounding and connected with 
said dairy for the purpose of inspecting and examining said 
dairy and said premises and for the purpose of inspecting, test¬ 
ing and examining for disease and injury the animals compos¬ 
ing the dairy herd producing such dairy products, and shall 
have full power and authority to inspect and examine said 
premises and to inspect, test and examine the said animals for 
disease and injury. 

Sec. 32. That if any animal in any such dairy herd is found 
to be injured or diseased in any manner which would cause its 
milk to be unwholesome or unfit for human consumption, such 
inspector may order the removal of such animal from the herd 
and the rejection of its milk until its recovery from such injury 
or disease and if the said dairy or the premises connected with 
or surrounding the same shall be found to be in such condition 
from filth, disease or other cause of contamination as to cause 
the dairy products produced by the said dairy to be unwhole¬ 
some or the carriers or breeders of disease germs in unusual or 
dangerous quantities, such inspector may notify the owner, pro¬ 
prietor or manager to remedy the said condition and it shall be 
the duty of the owner, proprietor or manager of such dairy 



305 


thereupon immediately to remedy the same and if the owner, 
proprietor, or manager of said dairy shall deny access and in¬ 
gress to and egress from such dairy and premises to any such 
inspector, or if he shall neglect, fail or refuse to remove any 
diseased or injured animal from any dairy herd after being in¬ 
structed so to do by such inspector, or shall use any of the dairy 
products from such diseased or injured animal in the supply for 
sale or distribution of said dairy products in such city or town, 
or if he shall fail, neglect or refuse immediately to remedy any 
such unsanitary or disease breeding condition of such dairy, or 
premises upon such notice from such inspector, then, in either 
of said events, such owner, proprietor, or manager of such dairy 
shall be punished as provided by ordinance or resolution of such 
city or as hereinafter provided, and such city may exclude the 
products of such dairy from sale or distribution in such city 
during the existence of such condition. 

Sec. 33. Whenever any such inspector shall find that any 
dairy animal in, connected with or associated with a dairy lieid, 
used for the production of milk or other dairy products for sale 
or distribution in any manner in such city, is affected with tu¬ 
berculosis, as determined by the tuberculin test (made with 
tuberculin manufactured by any reliable firm), or by physical 
diagnosis, such animal or animals shall be branded in a con¬ 
spicuous place on the right side with the capital “T.B.” not less 
than two inches in height. Such inspector shall have the right 
to re-inspect or reject any dairy cows or bovine animals ofaT ' v 
kind as often as he may deem it necessary. It shall be the duty 
of such inspector to immediately notify the owner, proprietor 01 
manager of such dairy either in person or in writing of the pres¬ 
ence of such tuberculous animal or animals connected with or 


associated with his herd. . 

Sec. 34. It shall be the duty of the owner, proprietor or 
manager of such dairy, upon being notified by said inspector ot 
the presence of such tuberculous cow or cows, to remove or to 
cause to be removed within twenty-four hours the same from 
his dairy herd to a public abbattoir or slaughter-house, or if no 
such public abbattoir or slaughter-house is convenient, to such 
other convenient place for slaughter as may be designated by 
the inspector where the said tuberculous cow or cows shall be 
immediately slaughtered, under the supervision of such inspec¬ 
tor A post-mortem examination shall be held by such inspec¬ 
tor on all animals thus slaughtered and a record of the findings 
carefully made out, which record must be kept on file in the of¬ 
fice of such inspector for at least twelve months thereafter. T 



306 


carcass or carcasses shall be disposed of as provided by the laws 
and ordinances of the said city. Nothing in this ordinance shall 
be construed to prevent the owner, proprietor or manager of 
any dairy herd from which animals have been condemned as 
herein before provided, from being present at the time and place 
of slaughter, and at the post mortem examination, or from be¬ 
ing represented by a reputable veterinarian, if he so elects, at 
his own expense. 

t ® ec - 35. If the post-mortem examination fails to reveal any 
evidence of tuberculosis, the said city shall within sixty days 
thereafter pay to the owner, proprietor or manager of such 
dairy the reasonable value of such animals as are so wrongfully 
condemned and slaughtered less the amount received by the 
owner for the sale of the carcass and hide of the condemned and 
slaughtered animal. The value of such animals to be paid for 
shall be determined by an appraising board, composed of three 
members, to be selected as follows: one to be chosen by the said 
inspector, one to be chosen by the owner of the cow or his agent, 
and the third to be selected by the first two members. The de¬ 
cision of a majority of said appraising board as to the value of 
animals shall be binding on such city and on the owner of said 
animal, and shall be made in writing and signed by at least two 
members of said board iri the presence of and before a notary 
public, and the same delivered to the chief inspector or the 
mayor or other chief executive of such city. 

Sec. 36. Such city shall have the right through its officers 
aforesaid, to exclude all dairy products from said city and to 
confiscate and destroy all such products as are brought into or 
shipped into said city or town, after notice has been given that 
the products of such dairy are excluded, as provided herein. 

Sec. 37. That it shall be unlawful for any person to inter¬ 
fere with, resist, hinder or prevent any such inspectors or to at¬ 
tempt to interfere with, resist, hinder or prevent such officer in 
the performance of the duties required of him in the enforce¬ 
ment of any provision of this act, or to fail, neglect or refuse to 
have any condemned animal slaughtered as herein provided. 
Any interference, resistance, hinderance or prevention of the 
said inspector shall be punished as provided by the laws or ordi¬ 
nances of the said city or town, or as hereinafter in this act 
provided. The word inspector as used herein shall include the 
chief inspector of any such city and all of his regularly author¬ 
ized assistants. That any person, corporation or association 
violating any provisions of or contained in section 31 to 37 in¬ 
clusive of this act shall be guilty of a misdemeanor and shall 



307 


upon conviction be fined, not less than one hundred dollars nor 
more than five hundred dollars, and may also be sentenced to 
hai’d labor for the county for not exceeding three months. 

Sec. 38. This act shall go into effect immediately on the ap¬ 
proval of the same by the Governor. All laws and parts of laws, 
general and special, in so far as they may be in conflict with any 
provision of this act, shall be and the same are hereby expressly 
repealed, but such cities shall continue to have and exercise all 
rights, authority, powers and jurisdiction which they now have 
except as in this act otherwise expressly provided, it being the 
intention of this act to grant cumulative powers to such cities. 

Sec. 39. That should any section or provision contained in 
this act be declared to be unconstitutional for any reason, it 
shall not affect the other sections or provisions of the act but 
the same shall remain in full force and effect. 

Approved August 20, 1915. 


No. 262.) 


(H. 289—Chamberlain. 


AN ACT 


To provide for the acquirement, location, building, construction and opera¬ 
tion by cities in Alabama which now have, or which may hereafter ha 
a population of as many as fifty thousand and less than hundred 
thousand according to the last Federal census or any other Federal cen 
bus which may hereafter be taken, of terminal railroads and as appur 
tenant thereto, of equipment for such terminal railroads and facilities 
for accumulating, storing and handling goods, war , es . al l^l^ovide 
transported or to be transported over the same and to f u ^er pr°vd 
insofar as appurtenant to said terminal railroads and f ac i''ties, for 
establishing and collecting charges for service, for the 
or crossing of other railroads, for the laying of tracks ln streets or 
roads, for the exercise of eminent domain, for the issuance of b °™ls, for 
the construction and maintenance of structures over 1and s of * h 1 fn^e 
and for the holding of elections to decide whether or not bonds shall be 

issued. 


Be it enacted by the Legislature of Alabama as follows: 

Section 1. That all cities in the State of Alabama which 
have a population of as many as fifty thousand and less than 
one hundred thousand, according to the last Federal census or 
which shall hereafter have such population, according to any 
Federal census that may be taken hereafter (shall have the 
right within the corporate limits of such cities), and within the 
adjoining territory which lies within five miles of the corporate 
limits of such cities, to locate, install, build, acquire, own, main- 



308 


con ^ r °l anc l operate a line or lines of terminal railroads, 
With necessary sidings, turnouts, spurs, branches, switches, 
yard tracks, bridges, trestles and causeways, and in connection 
therewith or appurtenant thereto, shall have the further right 
to install, build, acquire, own, maintain, control and use, any 
and every kind or character of motive power and conveyance or 
appliance necessary or proper to carry goods, wares and mer¬ 
chandise over, along or upon the tracks of such railroads, any 
plant or structure or machinery for accumulating, storing, han- 
dling, shaping, reducing in bulk or preparing for shipment, any 
goods, wares, and merchandise carried or to be carried over 
along or upon such railroads. 

Sec. 2. Such cities shall have the right to make and collect 
suitable charges for the performance of any services rendered 
under the authority given in section 1 hereof, all charges for 
transportation being subject to control by governmental author¬ 
ity in the same manner as ordinary common carrier railroads 
are regulated. 

Sec. 3. Such cities shall have the right and authority with 
its terminal railroads, to connect with or cross any other rail¬ 
road and to receive, deliver to and transport the freight, pas¬ 
sengers and cars of common carrier railroads, as though it were 
an ordinary common carrier railroad. 

Sec. 4. Such cities may cause the tracks of such terminal 
railroads to be laid upon any streets or roads which are now 
open or dedicated, or that may hereafter be opened or dedicated, 
within their respective corporate limits, and any bridge, trestle, 
causeway, or other structure necessary or proper to be con¬ 
structed in order to enable any tracks, constructed under au¬ 
thority of this act, to reach any piers, docks, wharves, ware¬ 
houses, quays or other public terminals, may be constructed 
and maintained perpetually over, or upon, any lands owned by 
the State of Alabama, provided the strip of State land so used 
shall not be more than one hundred and twenty-five feet in 
width, but all such bridges, trestles, causeways, or other struc¬ 
tures when across or over navigable waters, or the shores there¬ 
of, shall be erected under such limitations or restrictions as 
may be now, or at any time, made or placed by any authority of 
the United States or of the State of Alabama, having control of 
harbor and pier lines, and so as not to infringe upon the ripa¬ 
rian rights of any person, unless said rights shall have been ac¬ 
quired by purchase, condemnation or otherwise by such cities. 

Sec. 5. For the acquiring of rights of way and property nec¬ 
essary for the construction of the railroads and structures au : 



309 


thorized under the first paragraph hereof to be constucted, such 
cities shall have the right and power of purchase and eminent 
domain and should they elect to exrcise the right of eminent do¬ 
main they may proceed in the manner provided by the general 
laws of the State of Alabama for procedure by any county, mu¬ 
nicipality or corporation organized under the laws of this State, 
or any person or association of persons proposing to take lands 
or to acquire an interest or easement therein, for any uses for 
which private property may be taken. 

Sec. 6. That such cities may issue bonds for the purpose of 
paying the purchase money and cost of construction of property 
purchased or constructed under the authority contained herein 
and may order elections to be held in such cities for the purpose 
of the qualified electors of such municipalities voting upon and 
deciding the question of whether or not the bonds of such mu¬ 
nicipalities shall be issued for such purposes, but no second elec¬ 
tion for this purpose shall be held within two years of an el©c- 
tion theretofore held for the same purpose. Such elections shall 
be conducted in the following manner, to-wit: Notice of such 
election shall be given for thirty days by publication in a news¬ 
paper published in the municipality in which such election is to 
be held, once a week for three succssive weeks, which notice 
shall state the purpose for which the election is to be held, and 
the time and place of holding same, the amount of the proposed 
bond issue, the rate of interest the bonds are to bear, the tune 
for which they are to run, and the purpose for which'the bonds 
are to be issued, and such notice shall be signed bv the mayor 
or other chief executive of such municipality in which such elec¬ 
tion is to be held, and if no newspaper is published therein such 
notice must be posted in five public places in such municipality 
at least thirty days before the time of holding said election. The 
ballot used at such elections must be prepared by the mayor or 
other chief executive officer and shall contain the words “h or..._. 

bond issue,” and “Against.bond issue” (the character ot 

the bonds to be shown in the blank space), and the voter shall 
indicate his choice bv placing a cross mark before and after the 
one or the other. The board of commissioners or other govern- 
ing body of such municipality in which an election under this 
section is to be held shall appoint three managers and one re¬ 
turning officer for each voting precinct for such municipality, 
to conduct said election, and in appointing such managers, as 
far as practicable, at least one manager at each voting precinct 
shall be for bond issue and one against bond issue. The chief 
executive officer of such municipality shall notify the managers 





310 


and returning officers of such appointments, and shall deliver 
he boxes and ballots to the managers at the several voting pre¬ 
cincts m the municipality. All expenses for holding such elec- 
lon shall be paid out of the treasury of the municipality in 
wmich the same is held, and the managers, clerks, and returning 
officers shall be entitled to the same compensation as managers, 
clerks and returning officers at other municipal elections. The 
board of commissioners or other governing body of the munici- 
in which an election is held under this section shall con¬ 
stitute a board to canvass the returns and declare the result of 
such an election and it shall meet at the usual place of meeting 
on the day after the date of holding such election, and canvass 
the returns and declare the result thereof. Any election held 
under the provisions of this section can be contested by anv qual¬ 
ified elector of the city by executing a bond with sufficient 
sureties, to be approved by the judge of probate of the county, 
for the payment of the costs of the contest. Notice of the con¬ 
test shall be served on the mayor of the city, or other chief exec¬ 
utive, in which such election was held, upon the execution of the 
bond for costs with sufficient sureties and its approval by the 
judge of probate of the county, and the city shall be made con- 
testee, and an answer shall be filed in the name of such city. All 
provisions and incidents of the election law of this state relat¬ 
ing to a contest of an election of justice of the peace shall be 
observed as to the contest of an election held hereunder, but no 
contest of an election can be instituted after the expiration of 
ten days from the date of the canvass of the returns of said elec¬ 
tion. The record.of the result of the election held under the pro- 
visions of this section, as returned by the board of canvassers 
shall be recorded in the minutes of such municipality in which 
the same is held, and when so recorded, the records shall be con¬ 
clusive evidence of the matters therein stated, and the validity 
of such elections, unless contested as provided hereinbefore. If 
at an election held under and according to the provisions of this 
section a majority of the qualified electors voting at such elec¬ 
tion of the municipality in which the election is held vote “For 
bond issue, the board of commissioners or other governing 
body of the municipality in which such election is held shall 
issue the bonds of such municipality in the amount and for the 
purposes mentioned in the notice of said election. 

Sec. 7. All bonds and interest coupons attached to the same, 
issued under the authority of this act shall be exempt from 
State, county and municipal taxation, and the same shall have 
all the property and protection of commercial paper. 



311 


Sec. 8. The denomination of the bonds, the time for which 
the same shall run, the place of payment and the rate of interest 
to be paid on the same shall be fixed by the governing body of 
the municipality issuing the same, but no bonds issued under 
the provisions of this act shall bear a greater rate of interest 
than five per cent per annum and the same shall not be sold fo 

less than face value. f 

Sec. 9. All bonds issued under the authority of this act 
shall be signed by the chief executive officer and countersigned 
bv the treasurer of the municipality issuing the same, and th 
official seal of the municipality shall be impressed upon or af- 

^Sec Sf ^ffibonds so issued shall have attached to the same, 
interest coupons, which shall bear the signature of the chief 
executive officer and the treasurer of the municipality issuing 
the same, but their said signatures may be printed or litho¬ 
graphed facimiles. , ,, . 

Sec 11 No irregularity in the proceedings to authorize the 

issue of bonds under this act nor the omission or neglect of any 
officer charged with executing any of the duties imposed by' th < 
act, shall affect the validity of any bonds issued under the au¬ 
thority of this act. 

Approved August 20, 1915. 


No. 265.) 


(H. 424— Chamberlain. 


AN ACT 


To amend section 4906 of the Code of Alabama. 


Be it enacted by the Legislature of Alabama That section 
4906 of the Code be amended so as to read as follows . 

(2979) Duties and Powers; Deputy.—The harbor master shall 
on the request of the owner, master, or consignee of any vessel 
arriving within the limits stated in this article, regulate 
station such vessel. He shall not interfere with the ^ selection 
by the master, owner, agent, or consignee of a vessel of a wharl, 
bulkhead or shore berth for the discharge or receipt of cargo 
ballast where such wharves, bulkheads, or shore berths so se¬ 
lected are erected within the limits and in the manner of con¬ 
struction fixed by the Mobile River Commission nor station 
such vessel at other berths than the one so selected by the mas- 



312 


*’ own ® r > °, r consignee, unless the person or authority 
, such selected wharf prohibits its use for such pur- 

Zmw + VeSSe l' m t 7 require P er sons in charge of vessels, 

W t0 a Wharf u° r the shore > or iying in the stream, to ad- 
just their spars so that they will not interfere with other ves- 
sels or project over a street. He has authority, on the request 
at Ivh.viT ’ °r bis agent, of the wharf, bulkhead or shore berth 
Jnl -n h i V6SSe l 1S 0Cated ’ t0 determine how far and when per- 
E; 7 of vessels shall accommodate each other in their 
’ f nd ^authority to change their location, whether the said 
thoritv t l0 H d t mg ^ dls charging cargo, or not. He also has au- 
:r^^ detei ‘ mi " e When and under what circumstances ves- 
sels located in a slip or at a wharf, bulkhead or shore berth 
whether the said vessel is taking on or discharging cargo 0 r 
not, shall be shifted so as to permit other vessels to leave or 
enter such wharf, bulkhead, shore berth or slip. But in case 
?° r ® que f ]s mad< : Avl thin a reasonable time by the owner, mas- 
\’ a * nt > or consignee, the harbor master shall have authority 
toJocate vessels at proper places. The harbor master shall al 
ow vessels to load m the stream above one mile creek, but shall 

enee SET t0 - Pla< * SllCh Ve88els 80 as to a ™d undue interfer 
ence with navigation and with other vessels while taking on 

be above and T' 1 1 l0 8ha11 not re< inire vessels taking 
beiths above one mile creek to occupy or make fast to shore 

vessef a ?;TVl' e ln 1S V f the officer or master controlling the 
minted from B be th c dut y of the harbor master to cause to be 
in all shin ri n ^ 11 ° ,° * u n e > and to keep posted in his office, and 
commerce and B^h and 8hl P braker ’ s offi ces, in the chamber of 

ernina ldm !!\ Z ? tt0n exc . han g e > the laws and rules gov- 
ernm s him and the harbor and river of Mobile. In case of slck- 

Ms sf 0 end emp0 ? ry absence > the harbor master may appoint in 
hnrh ’ P J° tempore, one of the other wardens or a deputy 
harbor master, who, while so acting, shall have all the powers 

ne S “,° S " Ch “ bs ““> <*«F‘ “ « « 

therefor lie '’T- °” c week at iin . T time, unless leave 

thrappo b ntmen,t! Ven 7 ° fficers Wh ° “ re Ch!,rsed wi, “ • 

Approved August 27, 1915. 



313 


No. 268.) 


(H. 422—Chamber lain. 


AN ACT 

To amend section 4695 of the Code of Alabama, 1907. 

Be it enacted by the Legislature of Alabama , That section 
4695 of the Code of Alabama of 1907 be amended so as to read 
as follows: 4695. What provisions applicable, exception: 

The provisions of this Code relating to garnishments and pro¬ 
ceedings therein, not contrary to the provisions of this article, 
and so far as applicable, shall apply to and govern in like cases 
triable before justices of tbe peace, provided that all garnish¬ 
ments in aid of pending suits instituted contrary to the pro¬ 
visions of sections 4648 of this Code, as amended, shall be null 
and void. 

Approved August 24, 1915. 


No. 273.) 


(H. 390—Carmichael. 


AN ACT 

“To amend section 2995 of the Code.” 

Be it enacted by the Legislature of Alabama: That section 
2995 of the Code be amended so as to read as follows: Section 
1. The Alabama State Bar Association or the Central Council 
thereof has authority to institute and prosecute or cause to be 
instituted and prosecuted in the name of the State of Alabama 
the proceedings herein prescribed for the suspension or removal 
of an attorney. Provided, however, that when such proceed¬ 
ings are instituted by said Bar Association or its central coun¬ 
cil, no security for costs shall be required to be given, nor shall 
said association or the central council or the members thereof, 
be liable for costs if the proceedings instituted by it are not 
sustained. 

Approved August 25, 1915. 



314 


No - 276 -) (ET. 1222—Tunstall. 

AN ACT 

To appropriate the sum of one hundred thousand dollars annually, or so 
much thereof as may be necessary, to be used by the Governor in and 
about the payment of interest on State warrants, payment of which 
may be delayed on account of the lack of funds in the State treasury. 

Be it enacted by the Legislature of Alabama: 

Section 1. That there is hereby appropriated out of any 
funds in the State treasury, not otherwise appropriated, the 
sum of one hundred thousand dollars annually, or so much 
thereof as may be necessary, to be used by the Governor in and 
about the payment of interest on State warrants, payment of 
which may be or may have been delayed on account of the lack 
of funds in the State treasury. 

Sec. 2. The auditor is hereby directed and authorized to 
draw his warrant or warrants on the treasurer of the State of 
Alabama in favor of such persons, banks or banking institu¬ 
tions, or trust companies as the Governor may direct for 
amounts not exceeding the total amount hereby appropriated 
annually, provided that no warrants shall be drawn under the 
provisions of this act, except for the payment of interest, and 
the Governor shall cause a statement to be filed with the auditor 
showing the items of each interest payment. 

Approved August 21, 1915. 


No. 278.) 


AN ACT 


(S. 409—Bonner. 


To prohibit the holding of meetings in executive or secret session by the 
railroad commission of Alabama, the high school commission of Ala¬ 
bama, the State board of purchase, board of compromise of Alabama, 
State board of convict inspectors, State tax commission, any court of 
county commissioners or board of revenue, any city commission or mu¬ 
nicipal council, or any other body, board or commission in the State 
charged with the duty of disbursing any funds belonging to the State, 
county or municipality, except where some question involving the char¬ 
acter or good name of a woman or man is involved; and to provide pen¬ 
alties for a violation of this act. 

Be it enacted by the Legislature of Alabama: 

Section 1. It shall be unlawful for any executive or secret 
session to be held by any of the following named boards, com¬ 
missions or courts of Alabama, namely: The Railroad Commis- 



315 


sion of Alabama, the High School Commission of Alabama, the 
State Board of Purchase, Board of Compromise of Alabama, 
State Board of Convict Inspectors, State Tax Commission, any 
court of county commissioners or board of revenue, any city 
commission or municipal council, or any other body, board or 
commission in the State charged with the duty of disbursing 
any funds belonging to the State, county or municipality, ex¬ 
cept that executive or secret sessions may be held by any of the 
above named boards or commissions when the character or good 
name of a woman or man is involved. 

Sec. 2. Any person or persons violating any of the provi¬ 
sions of this act shall be guilty of a misdemeanor, and, upon 
conviction, shall be fined not less than ten dollars nor more 
than five hundred dollars. Any person who remains in attend¬ 
ance upon any meeting of any of the above named boards or 
bodies which is being held in secret or executive session shall 
be deemed guilty of violating the provisions of this act. 

Sec. 3. This act shall take effect immediately upon its pas- 
sage. 

Became a law under section 125 of the Constitution. 


No. 280.) 


AN ACT 


(S. 273—Green. 


Authorizing and regulating certain classes of indemnity contracts, empow¬ 
ering corporations to make such contracts and fixing certain fees an 
the penalty for violations thereof. 


Be it enacted by the Legislature of Alabama : 

Section 1. Individuals, partnerships and corporations of 
this State, hereby designated subscribers, are hereby author¬ 
ized to exchange reciprocal or inter-insurance contracts with 
each other, or with individuals, partnerships and corporations 
of other states and countries, providing indemnity among them¬ 
selves from any loss which may be insured against under other 
provisions of the laws, excepting life insurance. 

Sec. 2. Such contracts may be executed by an attorney, 
agent or other representative, herein designated attorney, duly 
authorized and acting for such subscribers. The office or offices 
of such attorney shall be maintained at such place or places as 
may be designated by the subscribers in the power of attorney. 

Sec 3. Such subscribers, so contracting among themselves, 
shall through their attorney, file with the commissioner of in- 



316 


surance a declaration verified by the oath of such attorney, 
or where such attorney is a corporation, by the oath of the 
chief officer thereof, setting forth : (a) The name or title of the 
office at Avhich said subscribers propose to exchange such in¬ 
demnity contracts. Said name or title shall not be so similar to 
any other name or title previously adopted by a similar organi¬ 
zation, or by any insurance corporation or association, as in 
the opinion of the commissioner of insurance is calculated to 
result in confusion or deception. The office or offices through 
which such indemnity contracts shall be exchanged shall be 
classified as reciprocal or inter-insurance exchanges, (b) The 
kind or kinds of insurance to be effected or exchanged, (c) A 
copy of the form of policy contract or agreement under or by 
which such insurance is to be effected or exchanged, (d) A copy 
of the form of power of attorney or other authority of such 
attorney under which such insurance is to be effected or ex¬ 
changed. (e) The location of the office or offices from which 
such contracts or agreements are to be issued, (f) That appli¬ 
cations have been made for indemnity upon at least seventy-five 
separate risks, aggregating not less than one and one-half mil¬ 
lion dollars, as represented by executed contracts of bona fide 
applications to become concurrently effective, or, in case of 
liability or compensation insurance, covering a total pay roll of 
not less than one and one-half million dollars, (g) That there 
is on deposit with such attorney and available for the payment 
of losses a sum of not less than twenty-five thousand dollars. 

Sec. 4. Concurrently with the filing of the declaration pro¬ 
vided for by the terms of section three hereof, the attorney 
shall file with the commissioner of insurance an instrument in 
writing, executed by him for said subscribers, conditioned that, 
upon the issuance of certificate of authority provided for in 
section ten hereof, service of process may be had upon the 
commissioner of insurance in all suits in this State arising out 
of such policies, contracts or agreements, which service shall be 
valid and binding upon all subscribers exchanging at any time 
reciprocal or inter-insurance contracts through such attorney. 
Three copies of such process shall be served, and the commis¬ 
sioner of insurance shall file one copy, forward one copy to said 
attorney, and return one copy with his admission of service. 

Sec. 5. There shall be filed with the commissioner of insur¬ 
ance by such attorney, a statement under the oath of such at¬ 
torney showing the maximum amount of indemnity upon any 
single risk, and such attorney shall, whenever and as often as 
the same shall be required, file with the commissioner of insur- 



317 


ance a statement verified by bis oatb to the effect that he has 
examined the commercial rating of such subscribers as shown 
by the reference book of a commercial agency having at least 
one hundred thousand subscribers, and that from such examina¬ 
tion or from other information in his possession it appears that 
no subscriber has assumed on any single risk an amount greater 
than ten per cent, of the net worth of such subscriber. 

Sec. 6. There shall at all times be maintained as a reserve 
a sum in cash or convertible securities equal to fifty per cent 
of the aggregate net annual deposits collected and credited to 
the accounts of the subscribers on policies having one year or 
less to run and pro rata on those for longer periods. For the 
purpose of said reserve, net annual deposits shall be construed 
to mean the advance payments of subscribers after deducting 
therefrom the amounts specifically provided in the subscribers’ 
agreements, for expenses. Said sum shall at no time be less 
than twenty-five thousand dollars, and if at any time fifty per 
cent of the aggregate deposits so collected and credited shall 
not equal that amount, then the subscribers, or their attorney 
for them, shall make up any deficiency. 

Sec. 7. Such attorney shall make an annual report to the 
commissioner of insurance for each calendar year, showing that 
the financial condition of affairs at the office where such con¬ 
tracts are issued is in accordance with the standards of solvency 
provided for herein, and shall furnish such additional informa¬ 
tion and reports as may be required to show the total premiums 
or deposits collected, the total losses paid, the total amounts 
returned to subscribers, and the amounts retained for expenses; 
provided, however, that such attorney shall not be required to 
furnish the names and addresses of any subscribers. The busi¬ 
ness affairs and assets of said reciprocal or inter-insurance 
exchanges, as shown at the office of the attorney thereof, shall 
be subject to examination by the commissioner of insurance. 

Sec. 8. Any corporation now or hereafter organized under 
the laws of this State, shall, in addition to the rights, powers 
and franchises specified in its articles of incorporation, have 
full power and authority to exchange insurance contracts of 
the kind and character herein mentioned. The right to ex¬ 
change such contracts is hereby declared to be incidental to the 
purposes for which such corporations are organized and as 
much granted as the rights and powers expressly conferred. 

Sec. 9. Any attorney who shall, except for the purposes 
of applving for certificate of authority as herein provided, ex¬ 
change "any contracts of indemnity of the kind and character 



318 


specified in' this act, or directly or indirectly solicit or negotiate 
any application for same, without first complying with the 
foregoing provisions, shall be deemed guilty of a misdemeanor 
and upon conviction thereof, shall be subjected to a fine of not 
less than one hundred dollars nor more than one thousand 
dollars. 

Sec. 10. Each attorney by whom or through whom are is¬ 
sued any policies of or contracts for indemnity of the character 
referred to in this act shall procure from the commissioner of 
insurance annually a certificate of authority, stating that all 
of the requirements of this act have been complied with, and 
upon such compliance and the payment of the fees required bv 
this act, the commissioner of insurance shall issue such certifi¬ 
cate of authority. The commissioner of insurance may revoke 
01 suspend any certificate of authority issued hereunder in case 
of breach of any of the conditions imposed by this act after 
reasonable notice has been given said attorney, in writing, so 
that he may appear and show cause why action should not be 
taken. Any attorney who may have procured a certificate of 
authority hereunder may renew same annually thereafter pro¬ 
vided, however, that any certificate of authority shall continue 
in full force and effect until the new certificate of authority be 
issued or specifically refused. 

Sec. 11. Such attorney, in lieu of all other taxes, of what¬ 
ever character, in this State, shall pay to the State with the fil¬ 
ing of each annual report, as an annual license fee, the sum of 
fifty-one ($51.00) dollars and one per cent of the gross prem- 
iums or deposits for the preceding calendar year, deducting all 
amounts returned to or paid to subscribers or credited to their 
accounts as savings. 

Sec. 12. Except as herein provided no insurance law of 
this State shall apply to the exchange of such indemnity con¬ 
tracts unless they are specifically mentioned. 

Approved August 25, 1915. 


No. 287.) (H. 1098—Carmichael. 

AN ACT 

To establish a legal holiday in Alabama, to be known as Fraternal Day. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the second Thursday of October shall be 
deemed a holiday, and shall be known as “Fraternal Day.” 



319 


Sec. 2. If any paper entitled to days of grace by the allow¬ 
ance thereof, or subject to protest, becomes due on a holiday, 
it must be taken as due on the next succeeding business day. 
Approved August 28, 1915. 


No. 299.) S. 265—Hill. 

AN ACT 

To prohibit the obtaining of money, property, or thing of value, or the mak¬ 
ing, uttering or delivery of any check, draft, or order in payment of any 
obligation, with intent to defraud; to fix the punishment for the viola¬ 
tion thereof, and to prescribe a rule of evidence in prosecutions there¬ 
under. 

Section 1. Be it enacted by the Legislature of Alabama, 
That any person who, with intent to defraud, shall obtain any 
money, merchandise, property, or thing of value, though no 
express representation is made in reference thereto, or who, 
with such intent, in the payment of any obligation, shall make, 
draw, utter or deliver any check, draft, or order for the pay¬ 
ment of money, upon any bank, depository, person, firm or cor¬ 
poration, knowing at the time of such making, drawing, utter¬ 
ing or delivery that the maker or drawer has not sufficient 
funds in, or credit with such bank, depository, person, firm or 
corporation for the payment in full of such check, draft or or¬ 
der, upon its due presentation, shall be deemed guilty of a mis¬ 
demeanor, and upon conviction, shall be fined not more than 
one thousand dollars, and may also be sentenced to hard labor 
for the county for not longer than six months. 

Sec. 2. That the making, drawing, uttering or delivery of 
any such check, draft or order, upon which payment is refused 
on due presentation,. because of lack of funds, shall be deemed 
prima facie evidence of intent to defraud, within the meaning 
of section 1 of this act. The word “credit”, as herein used, shall 
be construed to mean an arrangement or understanding with 
the bank, depository, person, firm or corporation for the pay¬ 
ment of such check, draft or order. That upon the trial of 
any person charged with violating this act, the defendant shall 
be a competent witness to testify to his circumstances and in¬ 
tent when he drew the check or draft. 

Approved August 31, 1915. 



320 


No. 300.) (S. 563—Judge. 

AN ACT 

To regulate and restrict the expenditures made, or contracted to be made, by 
each city in the State of Alabama which now has, or which may here¬ 
after have, a population of more than one hundred thousand, according 
to the last Federal census, or any such census which may hereafter be 
taken, and to provide for the impeachment and removal from office of 
each person, a member of the governing body of such city, who wil¬ 
fully causes, abets or permits any unlawful expenditure to be made or 
contracts by such city. 

Be it enacted by the Legislature of Alabama as follows: 

Section 1. The governing body of each city in the State of 
Alabama which now has or which may hereafter have a popu¬ 
lation of more than one hundred thousand according to the last 
Federal census, or any such census which may hereafter be 
taken, shall, prior to or within thirty days after the commence¬ 
ment of each year, make up and adopt a budget of the estimated 
receipts and expenditures of the city for the year, and publish 
the same at least one time in some daily (or daily except Sun¬ 
day ) newspaper published in the city. The budget adopted and 
published may subsequently be revised or changed during the 
year by the governing body of the city, to conform to or meet 
the receipts or revenues of the city for the year. 

Sec. 2. It shall be unlawful for the governing body of any 
city in the class described in section 1 of this act, to expend or 
contract in any year, any amount in excess of the revenue col¬ 
lected and estimated in good faith to be due and payable during 
that year into the treasury of the city. Any person who is a 
member of the governing board of the city of the class describ¬ 
ed in section 1 of this act, who wilfully violates any provision 
of this act, or wilfully causes, aids, abets or permits any ex¬ 
penditure to be made or contracted which is unlawful under 
any of the provisions of this act, may be impeached and re¬ 
moved from office as for “willful neglect of duty,” in the same 
manner and in the same way and by the same procedure as is 
provided for the impeachment and removal from office of may¬ 
ors and intendents of incorporated cities and towns in this 
State. 

Sec. 3. Expenditures necessary in any year on account of 
epidemic or protection against epidemic, or on account of riot 
or unlawful assemblies or the threat thereof, or on account of 
any extraordinary emergency beyond the control of the govern¬ 
ing body of the city and expenditures or obligations for local 



321 


improvements, the cost of which is to be assessed in whole or 
in part against the property benefitted thereby, and expendi¬ 
tures not exceeding one hundred thousand dollars in any one 
year, for betterments of a permanent nature, or acquisitions 
of property of a permanent nature, although not authorized by 
vote of the qualified voters of the city, and bonds issued or other 
obligations incurred which are authorized by the vote of the 
qualified voters of the city in pursuance of law, and the pro¬ 
ceeds of the sale or pledge of such bonds or other obligations 
are excepted from the prohibitions of this act, and the proceeds 
of the sale or pledge of such bonds or other obligations shall not 
be counted as a part of the revenue of the city within the provi¬ 
sions of section 2 hereof. 

Sec. 4. Debts contracted or obligations incurred in behalf 
of the city by its governing body shall be and shall be held to 
be the binding obligations of the city, though contracted or in¬ 
curred in violation of the provisions of this act. 

Sec. 5. The word years as used in this act means fiscal year 
as to each city now having or hereafter adopting a fiscal year, 
but the beginning of the fiscal year heretofore or hereafter 
adopted when once fixed shall not be thereafter changed. The 
word year as to all other cities means calendar year. 

Approved August 28, 1915. 


No. 301.) (S. 153—Burns. 

AN ACT 

To prohibit the owners, managers, operators and employees of telegraph 
and telephone lines operated in this State from publishing or communi¬ 
cating in any way whatsoever, or causing or allowing to be communi¬ 
cated, the contents of any telegram or telephone message without con¬ 
sent of either the sender or receiver of the same. 

Be it enacted by the Legislature of Alabama : 

Section 1. That it shall be unlawful for the owners, man¬ 
agers, operators or employees of any telegraph or telephone 
lines operated in the State of Alabama to publish or communi¬ 
cate in any way whatsoever, or cause to allow to be communi¬ 
cated, the contents of any telegram or telephone message sent 
or received over said line or lines without the consent of either 
the sender or receiver of the same. 

Sec. 2. Be it further enacted that any person who violates 
the provisions of this act shall be guilty of a misdemeanor and 


n GA 



322 


on conviction shall be fined not less than twenty-five dollars 
nor more than one hundred and may also be imprisoned in the 
county jail or sentenced to hard labor for the county for not 
more than twelve months. 

Sec. 3. Be it further enacted that justices of the peace and 
ex-officio justices of the peace shall have jurisdiction of all 
offenses committed under this act. 

Sec. 31 / 2 . Provided that nothing contained herein shall ap¬ 
ply when such information is called for by any writ or summons 
from any court. 

Sec. 4. Be it further enacted that all laws and parts of laws 
in conflict with this act are hereby repealed. 

Approved August 26, 1915. 


No. 302.) (S. 394—Judge. 

AN ACT 

To create an election commission for all cities of one hundred thousand pop¬ 
ulation, or over, according to the last or any subsequent Federal cen¬ 
sus; to provide that the probate judge, sheriff and clerk of the circuit 
courts of the county, within which such city or cities are located shall 
constitute such commission and to define the powers and duties of the 
same. 

Section 1. Be it enacted, by the Legislature of Alabama, 
That in all cities of the State of Alabama which have one hun¬ 
dred thousand population, or over, according to the last or any 
subsequent Federal census, the probate judge, sheriff and cir¬ 
cuit clerk of the county within which such city or cities are 
located shall constitute an election commission for such city or 
cities. 

Sec. 2. That it shall be the duty of the election commission 
to have charge of and hold all municipal elections, including 
bond elections, initiative, referendum and recall election, and 
election for the president of the commission and commissioners. 

Sec. 3. The election commission shall appoint all election 
managers, clerks and returning officers, designate places for 
the holding of municipal elections, shall arrange and prepare 
the ballot, shall have charge of the registration of the city 
voters, shall decide as to the validity of all petitions necessary 
or incidental to elections, make such laws and regulations as 
may be necessary to prohibit illegal voting, shall canvass the 
vote and declare the results of elections and shall be custodian 
of the ballots after election until the time of filing contests 



323 


shall have passed, after which they shall destroy the bajlots and 
it shall he the duty of the said commission to give notice of 
elections as required by law and to do and perform all acts 
relating to municipal elections, which are now or which may 
hereafter be vested by law in the governing bodies of such 
cities. 

Sec. 4. That two members of such commission shall con¬ 
stitute a quorum and may exercise the powers and duties herein 
mentioned. 

Sec. 4 y 2 . That the city clerk or secretary of the city com¬ 
mission shall act as secretary of the commission herein pro¬ 
vided for. 

Sec. 5. That the expenses of elections shall be paid out of 
the city treasury. 

Sec. 6; That this act shall go into effect immediately after 
its passage. 

Approved August 27, 1915. 


No. 303.) (H. 35—John. 

AN ACT 

To amend section 6957 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama : That section 
6957 of the Code of Alabama be amended so as to read as fol¬ 
lows: 6957. English and European house sparrows, Cooper’s 
hawks, chicken hawks and all members of the hawk family, 
owls, buzzards and crows are not protected by the gams laws 
of this State and may be killed by anybody at any time or place. 

Approved August 26, 1915. 


No. 304.) 


AN ACT 


(H. 306—Sorrell. 


To prohibit county boards of education, county superintendents of educa¬ 
tion, school trustees, or teachers, from excluding any pupil from a 
school whose teacher is qualified to teach the pupil who is qualified to 
attend a high school within three miles of the pupil. 

Be it enacted by the Legislature of Alabama , That is shall 
be unlawful for any county school board, any county superin¬ 
tendent of education, or any school trustees, or teacher, to ex- 



324 


elude any pupil who is qualified to take any course of study 
which the teacher is qualified to teach, when the pupil lives 
more than three miles from a high school. The provisions 
of this act shall not apply to schools in incorporated cities and 
towns, which maintain public high schools, and the course of 
study as contemplated in this act shall not extend beyond the 
four year high school course, provided that any pupil admitted 
to any school under the provisions of this act shall pay a reason¬ 
able incidental fee before enrollment as may be required of 
other pupils in school in accordance with the law. 

Approved August 26, 1915. 


No. 307.) (H. 898—Welch. 

AN ACT 

To prohibit the buying or selling of patients by physicians or surgeons, or 
other persons, and to define what shall constitute the buying or selling 
of patients, and to fix the punishment for violation of this act. 

Be it enacted by the Legislature of Alabama , as follows: 

Section 1. That hereafter any physician or surgeon, or any 
other person, who carries, sends, or is in any manner instru¬ 
mental in causing a patient to go to another physician or sur¬ 
geon for a surgical operation, or advice as to, or treatment of, 
any physical or mental disease, injury or ailment, and receives 
therefor from such other physician or surgeon, or who has any 
agreement or understanding with such physician or surgeon to 
receive therefor, any compensation, favor, or thing of value 
whatsoever, from such physician or surgeon without the knowl¬ 
edge and consent of the patient, shall be guilty of selling a pa¬ 
tient within the meaning of this act, and any physician or sur¬ 
geon, or any other person, who knowingly receives any patient 
so carried, sent, or caused to go to him for a surgical operation, 
or advice as to, or treatment of any physical or mental disease, 
injury or ailment, under such an agreement, or who pays, or 
allows any compensation, favor, or thing of value whatsoever 
therefor to such physician or surgeon so sending or carrying 
such patient to him without the knowledge and consent of the 
patient, shall be guilty of buying a patient within the meaning 
of this act. 

Sec. 2. That any person who buys or sells a patient with¬ 
in the meaning of this act, as defined in the next preceding sec- 



325 


tion hereof, shall be guilty of a misdemeanor, and, upon convic¬ 
tion, shall be fined for the first offense, not less than twenty- 
five dollars, nor more than five hundred dollars, and for the 
second, or any subsequent offense, shall be fined not less than 
five hundred dollars, nor more than one thousand dollars, and, 
may, also, at the discretion of the court or jury trying the case, 
be imprisoned in the penitentiary for not less than one nor more 
than five years; and, in addition thereto, his license to practice 
medicine or surgery in this State shall be by the court trying 
the case cancelled and annulled, and it shall ever thereafter be 
unlawful for such person to practice medicine or surgery in 
this State. 

Sec. 3. That all laws and parts of laws in conflict with the 
provisions of this act, whether local, special, or general, are 
hereby repealed. 

Approved August 28, 1915. 


No. 308) (H. 970—Smith of Crenshaw. 

AN ACT 

To make an appropriation of three thousand dollars to defray the extraor¬ 
dinary expenses of the legislative investigating committee. 

Be it enacted by the Legislature of Alabama: 

1 . That the sum of three thousand dollars, or so much as 
may be necessary, be and the same is hereby appropriated to 
defray the extraordinary expenses incurred by the Legislative 
Investigating Committee during its recess sessions. 

2. That the amounts advanced by the Governor from his 
contingent fund in payment of sundry expenses of the commit¬ 
tee, shall be reimbursed to such fund out of the moneys hereby 
appropriated, and when received by the State auditor shall be 
placed to the credit of that fund, as if no part thereof had been 
drawn. 

3. That the chairman of the committee is hereby authoriz¬ 
ed and directed to draw the amount appropriated, in such sums 
as may be necessary to defray the expenses, all warrants to be 
drawn in favor of the persons to whom claims against the com¬ 
mittee may be due. 



326 


4. The necessary expenses mentioned in this act shall in¬ 
clude railroad fare and hotel bills actually expended by the 
members of said committee while away from home engaged in 
the work of said committee. 

Approved August 28, 1915. 


No. 310.) (H. 1202—Weakley. 

AN ACT 

To appropriate the sum of three thousand ($3,000.00) dollars, or so much 
thereof as may be necessary, for the purpose of paying the expenses of 
the joint recess committee on finance and taxation. 

Be it enacted by the Legislature of Alabama: 

Section 1. That there is hereby appropriated out of any 
monies in the State treasury not otherwise appropriated, the 
sum of three thousand ($3,000.00) dollars, or so much thereof 
as may be necessary to pay the expenses of the joint recess com¬ 
mittee on finance and taxation. 

Sec. 2. That said sum of money, or so much thereof as may 
be necessary may be paid by the State treasurer, on the war¬ 
rant of the auditor in one or more installments, approved by 
the chairman of the committee, and such warrants may be 
drawn in favor of the chairman of the committee, and such 
chairman shall file with the auditor vouchers for all monies 
expended by the committee equal in amount to warrants drawn 
under the provisions of this act. “The expenses mentioned in 
this act shall include railroad fare and hotel bills actually ex¬ 
pended by the members of said committee while away from 
their respective homes engaged in the work of said committee.” 
Approved August 27,1915. 


No. 311.) (S. 675—Holmes. 

AN ACT 

To define dentistry; to provide for the regulation of the practice thereof; to 
provide for the examination of applicants to practice dentistry in Ala¬ 
bama; to provide for the issuing of license certificates and the registra¬ 
tion and display thereof; to provide for reports by probate judges of 
said registrations; to provide for the revoking or refusing to issue said 
certificates; to provide a board of dental examiners of Alabama, provide 
for their election and prescribe their duties, powers, qualifications, terms 
of office and compensation; to provide for the disposition of fees collected 



327 


by said board; to provide fees and funds for enforcing said act; to pro¬ 
vide for enforcing said act; to allow the board of dental examiners of 
Alabama to enter into reciprocity agreements with like boards of other 
states; to provide penalties and punishment for the violation of the pro¬ 
visions of said act; to provide for any unconstitutionality of said act, 
and to repeal all general and local laws in conflict with said act. 

Be it enacted by the Legislature of Alabama, as follows: 

1. (A). That recognizing that dentistry is a specialty of 
medicine and surgery, therefore after the passage of this act 
any person shall be said to be practicing dentistry within the 
meaning of this act who uses the words “dentist” “dental sur¬ 
geon,” the letters “D. D. S,” or other letters or title in connec¬ 
tion with his or her name, which in any way represents him 
or her as engaged in the practice of dentistry, or shall adver¬ 
tise or permit to be advertised by sign, card, circular, hand bill, 
newspaper or otherwise, that he or she can or will attempt to 
perform operations of any kind; or shall diagnose, or treat, or 
profess to treat, any of the diseases or lesions of the oral cavity, 
teeth, gums, maxillary bones, or shall extract teeth, or shall 
prepare to fill cavities in human teeth, or shall correct malposi¬ 
tion of the teeth or jaws, or shall supply artificial teeth, or shall 
administer anaesthetics, general or local, administer or pre¬ 
scribe such remedies, medicinal or otherwise as shall be needed 
in the treatment of dental and oral diseases, or do any practice 
included in the curricula of recognized, reputable dental col¬ 
leges ; provided, that nothing in this act shall interfere with the 
extraction of teeth without compensation, or the performance 
of mechanical work on inanimate objects only, by any person 
employed in or operating a dental laboratory, and, provided, 
that this act shall not prevent students from performing dental 
operations under the supervision of competent instructors with¬ 
in a dental school or college, or the dental department of a uni¬ 
versity or college, recognized by the Board of Dental Exami¬ 
ners of Alabama or from working under a preceptor during col¬ 
lege vacation, only and under such rules and regulations as the 
Board of Dental Examiners of Alabama may prescribe. ' 

(B) It shall be unlawful for any person to engage in the 
practice of this specialty, as either assistant or employee, or to 
receive any license required by law to practice this specialty, 
except he shall have passed the examinations provided for by 
this act, and received the certificates, as herein provided, and 
any person practicing this specialty in this State, without hav¬ 
ing received a certificate, as herein provided, shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof, shall 



328 


be fined not less than one hundred dollars ($100) nor more 
than two hundred and fifty dollars ($250), for the first offense, 
and for the second offense a fine of not less than five hundred 
dollars ($500) or imprisonment of from one to six months in 
jail, or both, in the discretion of the court. 

(C) It shall be unlawful for any officer either State, coun¬ 
ty or municipal, to issue any license to practice this specialty 
to any person who does not show certificate from the Board of 
Dental Examiners of Alabama, provided, however, that nothing 
in this act shall be construed to prevent the extraction of teeth 
for compensation by legal practitioners of medicine. 

2. That all persons now registered or licensed as dentists 
under the laws of the State of Alabama shall be entitled to con¬ 
tinue in the practice of said profession unmolested by the pro¬ 
visions of this act. 

3. Any person who shall hereafter desire a certificate to 
practice dentistry in this State shall file, or cause to be filed, 
with the Secretary-Treasurer of the Board of Dental Examiners 
of Alabama, an application in writing, in such form as may 
be required by said Board of Dental Examiners, and under 
oath, setting forth the name and age of the applicant, the 
school or college from which he or she graduated; and shall 
appear at such time and place as may be designated by the said 
Board of Dental Examiners and submit to an examination, both 
practical and theoretical, as to his or her qualifications for reg¬ 
istration as a licensed dentist. 

4. No person shall be registered as a dentist under the pro¬ 
visions of this act who is not twenty-one years of age, and of 
good moral character; nor until he or she shall present to the 
said Board of Dental Examiners of Alabama satisfactory evi¬ 
dence that he or she has graduated in dentistry, and shali pass 
a satisfactory examination before said Board of Dental Exam¬ 
iners of Alabama, which board shall have full power to deter¬ 
mine what constitutes a reputable school or college of dentistry. 

5. That is, upon examination and investigation, said Board 
of Dental Examiners of Alabama shall determine that the ap¬ 
plicant possesses the necessary qualifications as to character 
and education as herein provided, they shall enroll his or her 
name upon a register to be kept by said board for the purpose, 
and issue to him or her a certificate, which said certificate, when 
recorded as herein provided for, shall entitle such person to 
practice dentistry in the State of Alabama. 

6 . That on and after the passage of this act, it shall be un¬ 
lawful for said Board of Dental Examiners of Alabama to 



329 


grant a temporary certificate or permit to practice dentistry, or 
any of its branches, to any person, except that a person coming 
into this State at a time between the regular meetings of the 
board, who holds a permanent license or certificate as a den¬ 
tist granted by any board of dental examiners within the Unit¬ 
ed States, may be granted a permit to practice during the in¬ 
terim between the time of making application for a certificate 
and the time of the next meeting of the said board of dental ex¬ 
aminers ; provided that he or she shall been a legal practitioner 
for five years in the State from which he or she comes, and pro¬ 
vided he or she shall be recommended by the president and sec¬ 
retary of the board of dental examiners, and the president and 
secretary of the dental association, of the State from which he 
or she comes, and the board shall require from said applicant 
a fee of twenty-five dollars ($25) for such temporary permit. 

7. That the certificate herein provided for must be signed 
by the president of the board of dental examiners of Alabama 
and counter signed by the secretary-treasurer of said board, and 
must within thirty days after the granting thereof be filed and 
recorded in the office of the judge of probate of some county in 
the State, and shall be so filed in each county in which he or 
she shall practice or offer to practice, and after the same has 
been recorded, the judge of probate shall endorse thereon, and 
certify under the seal of the court, the fact of its record, and 
the time of its filing, and for which he is entitled to a fee of one 
dollar; provided that on the first day of October, after this act 
takes effect, or within ten days thereafter, the probate judge of 
each county shall furnish the board of dental examiners of Ala¬ 
bama, on blanks to be furnished by said board, a list of all 
licenses or certificates to practice dentistry registered therein; 
and shall annually thereafter on the first of October, or within 
ten days thereafter, furnish to said board a like list of all li¬ 
censes or certificates registered since the last previous annua] 
report. 

8 . That such license or certificate so recorded and certified 
shall be evidence of authority of the person therein named to 
practice dentistry. 

9. The board of dental examiners may refuse to issue certifi¬ 
cate or suspend or revoke the same for any of the following 
causes: 1. The presentation to the board of any diploma, li¬ 
cense or certificate illegally or fraudulently obtained, or one ob¬ 
tained from an institution which is not reputable, or an unrec¬ 
ognized, or irregular institution or State board, or the practice 
of any fraud or deception. 2. The commission of a criminal 



330 


operation, or chronic and persistent inebriety or addiction to 
drugs to such extent as to render him unsafe or unreliable as a 
practitioner, or being guilty of gross immorality that would 
tend to bring reproach upon the dental profession of the State, 
or if the person holding such certificate shall advertise to prac¬ 
tice without causing pain, or shall in any other manner adver¬ 
tise with a view of deceiving or defrauding the public, or adver¬ 
tise to use any drug, nostrum, patent or other proprietary drug 
or medicine of any unknown formula, or be guilty of any gross¬ 
ly unprofessional conduct likely to defraud or deceive the pub¬ 
lic, or which disqualifies the applicant or holder to practice 
with safety to the people, or who employs directly or indirectly 
any unregistered or unlicensed person to practice dentistry in 
his or her office. In all proceedings for a suspension or revoca¬ 
tion of certificate or license, the holder thereof shall be given 
thirty days notice, to prepare for a hearing, and he shall be 
heard in person, or by counsel, or by both. All members of the 
board of dental examiners, separately and severally, shall have 
the power to administer oaths, in the hearing of all matters 
arising in the course of their duties, and in such trials as are 
herein referred to. The board of dental examiners of Alabama 
may take oral or written proofs for or against the complain¬ 
ant as it may deem will best present the facts. And for the 
purpose of such hearing the board of dental examiners of Ala¬ 
bama are hereby empowered and authorized to require the at¬ 
tendance of witnesses, administer oaths, and hear testimony, 
either oral or documentary, for and against the accused. In 
all cases of suspension or revocation of certificates as herein 
provided for, the holder may appeal to the circuit court, or 
other court of like jurisdiction, in the county in which the per¬ 
son whose certificate is ordered revoked resides. 

10. That any certificate to practice dentistry obtained 
through fraud, or by any false or fraudulent representations or 
practice, shall be void; and every person who shall procure or 
attempt to procure, by false or fraudulent representations, such 
certificate, shall be deemed guilty of a misdemeanor, and on 
conviction thereof shall be fined not less than fifty dollars nor 
more than three hundred dollars, or by imprisonment of not less 
than one nor more than six months, or both. 

11. That said board of dental examiners shall consist of 
five persons, who shall be members in good standing of the Ala¬ 
bama dental association, and not connected with or interested 
in any dental college or school, or dental supply business, and 
must have practiced dentistry in this State for a period of not 



331 


less than three years. Within fifteen days after the approval 
of this act the president of the Alabama dental association shall 
appoint a board of dental examiners, who shall hold office un¬ 
til the next annual meeting of the Alabama dental association. 
The Alabama dental association shall, at their next annual 
meeting elect from their membership five members, to-wit; one 
for one year, one for two years, one for three years, one for four 
years, and one for five years, and thereafter the Alabama den¬ 
tal association shall elect annually one member of said board 
from its membership for a term of five years, provided that no 
elected member of said board shall succeed himself as a mem¬ 
ber thereof, except those elected or appointed for a period of 
less than five years may succeed themselves if elected; provided 
further that this act shall not be construed so as to prevent the 
election to the board of a member who may have previously 
served as a member thereof. The board of dental examiners ap¬ 
pointed under this act shall within thirty days after their ap¬ 
pointment hold an examination for certificates to practice den¬ 
tistry or dental surgery in this State. That said board of den¬ 
tal examiners shall organize annually by the election of a pres¬ 
ident, and secretary-treasurer. Vacancies on said board of Den¬ 
tal examiners shall be filled by appointment by the president of 
the Alabama dental association, and such appointee shall hold 
office from the time of his appointment until the next annual 
meeting of the Alabama dental association, when his successor 
shall be elected to fill the unexpired term, provided that the 
term of office of a member elected to said board shall begin on 
the first day of August in the year in which he was elected. 
Each member of said board shall submit his questions to the 
other members of said board and they shall decide on each ques¬ 
tion as to whether or not it is fair and practical. Members of 
said board may be removed from office at any time, by the Ala¬ 
bama dental association for a cause which the majority of those 
members present may deem sufficient. Upon the failure of any 
member of said board to attend a meeting thereof, the members 
of said board present may appoint a substitute to temporarily 
fill the vacancy for that meeting, and for the continued failure 
or inability of a member of said board to attend two consecutive 
regular meetings thereof, the board may declare a vacancy. 

12. That the board shall furnish each applicant with offi¬ 
cial examination blank paper, of uniform size, which size shall 
not vary but be kept uniform from year to year, and such offi¬ 
cial paper shall be paid for out of any funds received from fees 
paid by applicants. Before taking the examination each appli- 



332 


cant shall register his name and post office with such other facts 
as the board may require, and each applicant shall be given a 
number under which he shall be examined, which number shall 
appear on his papers, and his name shall not appear thereon. 
The date and place of the examination shall be endorsed on the 
register, which must be kept securely by the secretary of the 
board. That within ten days after the grading of papers, each 
member of the board shall forward all papers graded by him to 
the secretary, who shall, within thirty days after the examina¬ 
tion has been completed, deposit the entire collection of exami¬ 
nation papers, including questions and answers, with a sepa¬ 
rate list of the names of those taking each examination, and the 
numbers under which the examination was taken, with the Ala¬ 
bama State Department of Archives and History. The exami¬ 
nation papers so filed shall be preserved for five years, and shall 
at all reasonable office hours be open to examination by any 
citizens of this State. 

13. That it shall be the duty of each member of said board, 
after his election or appointment, and before entering upon the 
discharge of the duties of his office, to file with the secretary- 
treasurer of said board an oath to properly and faithfully dis¬ 
charge the duties of his office, which oath may be taken before 
any officer authorized to administer oaths in this State. 

14. That annually said board of dental examiners of Ala¬ 
bama shall organize by the election of a president and secretary- 
treasurer, each of whom shall be members of said board, and 
shall hold their respective offices for a term of one year, and 
until their successors are elected and qualified; that "the secre¬ 
tary-treasurer shall give bond in such sum as may be prescrib¬ 
ed by said board, conditioned to discharge the duties of said 
office according to law, which bond shall be made payable to the 
said board of dental examiners of Alabama and approved by the 
president of said board. The said board shall hold an annual 
meeting at such time and place as they may designate for the 
examination of applicants for certificates and for the discharge 
of all such other business as may legally come before them; and 
may hold such additional meetings, on the call of the president 
of said board, and the president shall call such meeting on pe¬ 
tition of a majority of the members of said board, as may be nec¬ 
essary for the examination of applicants for certificates, or for 
carrying into effect the provisions of this act; and at these meet¬ 
ings said board may transact any and all business that may 
legally come before them. 



333 


15. Said board of dental examiners of Alabama shall have 
a common seal, and shall have the power and authority to adopt 
such rules, by-laws, and regulations, not inconsistent with the 
laws of this State, as may be necessary for the regulation of its 
proceedings, and for the discharge of the duties imposed upon 
it; and shall have power and authority to employ counsel to as¬ 
sist in the enforcement of the provisions of this act, and for 
such other purposes as may be deemed necessary by the said 
board. Said board shall keep a true and correct record of its 
proceedings and a register of all persons to whom certificates 
have been issued; and the books and register of said board, or 
a copy of any part thereof, duly certified by the secretary-treas¬ 
urer of said board under seal, shall be received as evidence ot 
the matters and things therein recorded and so certified in all 
courts of this State. A majority of said board shall constitute 
a quorum for the transaction of all business, and the mem ei s 
of said board shall have power and authority to administer 
oaths in all matters pertaining to the discharge of the duties 
imposed upon them under this act. . 

16. The secretary-treasurer of said board of dental exami¬ 
ners of Alabama shall receive such salary as may be prescribed 
by said board and his necessary expenses while engaged m the 
performance of his official duties; and each of the other nicm- 
bers of said board shall receive the sum of five dollars ($5.00) 
for each day actually employed in the discharge of their official 
duties and necessary expenses while so engaged. All fees col¬ 
lected by said board, or by the secretary-treasurer thereof, shall 
be placed to the credit of a fund which is hereby appropriated 
solely for the use of the said board of dental examiners in the 
execution and enforcement of the provisions of this act, and 
the payments of the salaries, expenses and other costs herein 
provided for; said moneys to be paid out upon warrants drawn 
by the secretary-treasurer and countersigned by the president 
of said board. Provided, that no part of said expense shall be 
paid out of the State treasury. The secretary-treasurer shall 
transact all ad interim business for the said board unless other¬ 
wise specified in this act. 

17. In order to provide the means for carrying out and 
enforcing the provisions of this act, the said board of dental ex¬ 
aminers of Alabama shall charge each person applying to it for 
examination for a certificate to practice dentistry or dental sur¬ 
gery in this State, an examination fee of twenty dollars, and m 
addition thereto a license fee of five dollars, for every license 
or duplicate license issued by said board. Should an appli- 



* 334 


cant for certificate fail to pass a satisfactory examination, he 
or she may take a re-examination at the next regular annual 
meeting of the said board at which time he or she shall be ex¬ 
empt from the payment of the examination fee. Provided this 
exemption shall not be construed to apply except at the next 
regular annual meeting of said board. 

18. It shall be the duty of said board of dental examiners 
of Alabama to investigate all charges of violation of this act, 
or any other laws of this State regulating the practice of den¬ 
tistry, brought to their knowledge; and wherever there has been 
a violation of said laws, or when advised by any legal member, 
of the profession that there has been a violation of the provi¬ 
sions of this act, or any of them, it shall be the duty of said 
board through its secretary-treasurer to report such violations 
to the circuit or county solicitor, or other prosecuting officer of 
the county in which such violation is alleged to have occurred, 
whose duty it shall be to prosecute for all violations of this 
act. 

19. It shall be unlawful for any person or persons to prac¬ 
tice or offer to practice dentistry or dental surgery under, or 
use the name of any company, association, corporation or bus¬ 
iness name, or under any name except his or her name; or to 
operate, manage or be employed in any room or rooms, or office, 
where dental work is done, or contracted for, that is operated 
under the name of any company, association, trade name, or 
corporation. Any person or persons practicing or offering to 
practice dentistry or dental surgery, shall practice under and 
use his or her name or their names, only. 

20. The certificate to practice dentistry herein provided 
shall at all times be displayed in a conspicuous place in his or 
her office wherein he or she practices the profession of dentis¬ 
try, and he or she shall, whenever requested, exhibit such cer¬ 
tificate to any of the members of the board of dental examiners 
of Alabama or its authorized agent. 

21 . The board of dental examiners of Alabama may in its 
discretion issue a certificate to practice dentistry without ex¬ 
amination, other than clinical, to a legal and ethical practition¬ 
er of dentistry who removes to Alabama from another state or 
territory of the United States, whose standard of requirement 
is equal to that of Alabama, and in which he or she has con¬ 
ducted a legal and ethical practice of dentistry for at least five 
years immediately preceding his or her removal, provided such 
applicant shall present a certificate from the dental board or a 
like board of the state or territory from which he or she re- 



335 


moves, certifying that he or she is a legal, competent and ethical 
dentist, and of good moral character; and provided further, 
that such certificate is presented to the board of dental exami¬ 
ners of Alabama with six months from the date of its issue, and 
that the board of such other state or territory shall permit m 
like manner by law the recognition of certificates issued by the 
board of dental examiners of Alabama when presented to such 
other board by legal practitioners of dentistry from this State 
who may wish to remove to a practice in such state or territory. 

22. Any person who is a legal, ethical and competent pi ac- 
titioner of dentistry in the State of Alabama, and of good 
moral character, and known to the board of dental examiners 
of Alabama as such, who shall desire to change his or her resi¬ 
dence to another state or territory, or foreign country, shall 
upon application to the said board of dental examiners of A a- 
bama, receive a special certificate over the signature of the pres¬ 
ident and secretary-treasurer of said board and bearing its seal, 
which shall attest the facts above mentioned in section 20 and 
u-iye the data upon which he or she was registered and licensed. 

23. The fee for issuing a certificate to a legal practitioner 
from another state, as provided in section 20, shall be twenty- 
five dollars ($25.00) and the fee for issuing a certificate to the 
legal practitioner in this State as provided in section 21, shall 
be five dollars ($5.00), and in each case the fee shall be paid in 
cash before the certificate shall be issued. 

24. The secretary-treasurer of said board of dental exami¬ 

ners of Alabama shall make an annual report to the Alabama 
dental association, containing an itemized statement of all 
moneys received and disbursed, and a summary of its official 
acts during the preceding year. . 

25. Any person violating any of the provisions of this act, 
not herein specifically provided for, shall be deemed guilty 
of a misdemeanor, and upon conviction shall be fined not less 
than fifty dollars nor more than five hundred dollars. 

26. That the board of dental examiners of Alabama pro¬ 
vided for by this act shall have the power and authority to 
transact all business left unfinished by the board superseded by 
the said board provided by this act, including the payment of 

all outstanding obligations. . . 

27 If any section, or portion thereof, or any provision ot 
this act should be found and held to be unconstitutional, that 
fact shall not have the effect of rendering invalid or inoperative 
any other portion or provision of this act, which is not of itself 
and in itself unconstitutional. 



336 


. 28. All laws and parts of laws, general, special and local 

in conflict with the provisions of this act are hereby expressly 
repealed. J 

Approved August 31, 1915. 


No,313> ) (S. 202—Judge. 

AN ACT 

To amend section 1345 of the Code of Alabama of 1907. 

he it enacted by the Legislature of Alabama: 

1. That section 1345 of the Code of Alabama of 1907 be 
amended so as to read as follows: 1345. License Designates 
Place of Business. Any person desiring to engage in any trade, 
business, profession, or occupation for tvhich a license is or may 
be required shall designate the place at which such trade or 
business, or occupation, or profession is carried on, and the 
license to be issued hereunder shall designate such place, and 
such license shall authorize the carrying on of such trade, busi¬ 
ness, occupation, or profession only at the place designated 
unless he shall be granted permission by the council to move 
his place of business, trade, occupation or profession to another 
place in the city, and in that event such permission shall be 
endorsed by the clerk on such license. The same license shall 
be charged and collected for all portions of the city or town. 
Provided however that in cities of one hundred thousand or 
more population according to the last Federal census the gov¬ 
erning bodies may grade or classify licenses according to loca¬ 
tion of businesses or occupations engaged in. Provided how¬ 
ever that nothing herein contained shall authorize the increase 
of any license tax of such municipal corporations, which is now 
or may hereafter be fixed by statute. 

Approved August 27, 1915. 


No. 314.) (S. 193—Pride. 

AN ACT 

To require clerks of all courts from which an appeal lies to the Supreme, or 
Court of Appeals to make and keep on file an exact copy of the record 
certified to said Supreme, or Court of Appeals for which they shall be 
allowed as costs of appeal two dollars and fifty cents in said appeal. 



337 


Be it enacted by the Legislature of Alabama : 

Section 1. That the clerks of all courts from which an ap¬ 
peal lies to the Supreme Court, or Court of Appeals, shall be 
required to make and keep on file in their office an exact copy 
of the record in all cases certified to said Supreme Court, or 
Court of Appeals for use by the parties to such cases. And such 
clerks shall be permitted to charge, to be taxed as costs of ap¬ 
peals in such cases the sum of two dollars and fifty cents for 
such copy of the record. 

Approved August 28, 1915. 


No. 315.) (H. 483—Lapsley. 

AN ACT 

To submit to the qualified voters of the State, at the general election to be 
held on the next regular general election day in November, 1916, for 
their consideration, an amendment to the Constitution of Alabama, in 
substance and to the effect that the city of Selma, in addition to the 
taxes it is now authorized and empowered to levy and collect, shall levy 
and collect annually an additional tax of two-tenths of one percentum 
upon the value of the property therein as fixed for State taxation, to be 
applied exclusively to the maintenance of public schools therein, and 
shall levy and collect annually a further additional tax of one-tenth of 
one percentum upon the value of the property therein as fixed for State 
taxation, to be applied exclusively to public school buildings therein and 
improvements and repairs thereon, or to the payment of indebtedness 
contracted for the same by the city of Selma, or to the maintenance of 
public schools threin or to any one or more of these; provided that these 
taxes shall be in lieu of all other city taxes now required to be levied or 
appropriated by the city of Selma for the support of schools or for 
school purposes. 

Be it enacted by the Legislature of Alabama: • 

• 

Section 1. That the following amendment to the Constitu¬ 
tion of Alabama is hereby proposed to be submitted to the quali¬ 
fied voters of the State of Alabama for their consideration, as 
hereinafter set forth, viz.: The city of Selma, in addition to the 
taxes it is now authorized and empowered to levy and collect, 
shall levy and collect annually an additional tax of two-tenths 
of one per centum upon the value of the property therein as 
fixed for State taxation, to be applied exclusively to the main¬ 
tenance of public schools therein, and shall levy and collect an¬ 
nually a further additional tax of one-tenth of one per centum 
upon the value of the property therein as fixed for State taxa¬ 
tion, to be applied exclusively to public school buildings there- 



338 


in and improvements and repairs thereon, or to the payment of 
indebtedness contracted for the same by the city of Selma, or 
to the maintenance of public schools therein or to any one or 
more of these purposes; provided that these taxes shall be in 
lieu of all other city taxes now required to be levied or appro¬ 
priated by the city of Selma for the support of schools or for 
school purposes. 

Sec. 2. That it shall be the duty of the Governor to give 
notice by proclamation to be published in one newspaper in 
every county in the State at least eight successive weeks next 
preceding the general election in November, 1916, of the elec¬ 
tion on the amendment proposed by this act to be submitted to 
the qualified voters of the State for their consiedration together 
with the proposed amendment. 

Sec. 3. That at the general election in November, 1916, an 
election shall be held for the vote of the qualified electors of 
the State on the said proposed amendment. Upon the ballots 
used at said election shall be printed the following, viz.: 
“Amendment to the Constitution,” and beneath these words 
the following: The city of Selma, in addition to the taxes it is 
now authorized and empowered to levy and collect, shall levy 
and collect annually an additional tax of two-tenths of one per 
centum upon the value of the property therein as fixed for 
State taxation, to be applied exclusively to the maintenance of 
public schools therein, and shall levy and collect annually a 
further additional tax of one-tenth of one per centum upon the 
value of the property therein as fixed for State taxation, to be 
applied exclusively to public school buildings therein and im¬ 
provements and repairs thereon, or to the payment of indebt¬ 
edness contracted for the same by the city of Selma, or to the 
maintenance of public schools therein or to any one or more 
of the£b purposes; provided that these taxes shall be in lieu of 
all other city taxes now required to be levied or appropriated 
by city of Selma for the support of said schools or for school 
purposes. Following the proposed amendment, on the ballot 
shall be printed the word “Yes” and immediately thereunder 
the word “No.” The choice of the elector or voter shall be in¬ 
dicated by a cross mark opposite the word expressing his de¬ 
sire. 

Sec. 4. The officers of such general election shall open a 
poll for the vote of the qualified electors upon the proposed 
amendment. The election shall be held in all things in accord 
with the laws governing general elections. In the election upon 
this proposed amendment, the votes cast thereat shall be can- 



339 


vassed, tabulated and the returns thereof made to the secretary 
of State, and counted in the same manner as elections for rep¬ 
resentatives to the Legislature, and if it shall hereupon appear 
that a majority of the qualified voters who voted upon the pro¬ 
posed amendment voted in favor of the same, such amendment 
shall be valid to all intents and purposes as a part of the Con¬ 
stitution of Alabama; and the result of the election shall be 
made known by the proclamation of the Governor. 

Approved August 28, 1915. 


No. 318.) (H. 887—Shapiro. 

AN ACT 

To regulate, pr<Jhibit and provide punishment for the publication of untrue 
and misleading advertisements, and requiring that all newspaper and 
other periodical advertisements be clearly marked “advertisement.” 

Be it enacted by the Legislature of Alabama: 

Section 1. If any person, firm, corporation or association, 
or agent or employee thereof with intent to sell or in any way 
dispose of merchandise, real estate, securities, service, or any¬ 
thing offered by such person, firm, corporation, or association, 
or agent or employee thereof, directly or indirectly, offers to the 
public for sale or distribution, or with intent to increase the 
consumption thereof, or to induce the public in any manner 
to enter into any obligation relating thereto, or to acquire title 
thereto, or an interest therein, knowingly makes, publishes, dis 
seminates, circulates, or places before the public, or causes, 
directly or indirectly, to be made, published, disseminated, cir¬ 
culated, or placed before the public in this State, in a news¬ 
paper, magazine or other publication, or in the form of a book, 
notice, circular, pamphlet, handbill, letter, poster, bill, sign, 
placard, card label or tag, or in any other way, an advertise¬ 
ment, announcement or statement of any sort regarding mer¬ 
chandise, securities, service or anything so offered to the public 
which contains any assertion, representation or statement that 
is untrue, deceptive or misleading; such person, corporation, or 
association, or the members of such firm, also the agent and em¬ 
ployee, shall be guilty of a misdemeanor, punishable by a fine of 
not less than twenty-five dollars nor more than one thousand 
dollars, or by imprisonment for not more than one year, or 
by both such fine and imprisonment. 



340 


Sec. 2. If any person, firm, corporation or association, or 
agent or employee thereof, publishes in any newspaper, maga¬ 
zine or other periodical, any advertisement not clearly marked 
or labeled “advertisement” at the beginning or end of said ad¬ 
vertisement, such person, firm, corporation or association, or 
agent or employee thereof, shall be guilty of a misdemeanor, 
punishable as provided in section 1 of this act; provided, how¬ 
ever, that this section shall not apply to advertisements where¬ 
in the name of the maker, manufacturer, agent, distributor or 
salesman of the article or thing advertised, together with the 
address of said maker, manufacturer, agent, distributor or sales¬ 
man, is plainly set out in said advertisement. 

Sec. 3. This act shall take effect 30 days after its ap¬ 
proval. 

Sec. 4. That if section, clause or provision of this act is de¬ 
clared unconstitutional it shall not affect the remainder there- 
of. 

Approved September 1, 1915. 


No. 320.) 


(H. 929—Fite of Marion. 


AN ACT 

To appropriate the two and three per cent funds now in the treasury of the 
State to Alabama, Tennessee & Northern Railway, and Montgomery 
and Chattanooga Railroad Company. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the two and three per cent funds now in the treasury of 
the State, amounting to the sum of ($2,550.61) two thousand 
five hundred and fifty and 61/100 dollars be and the same here¬ 
by is appropriated, equally to Alabama, Tennessee and North¬ 
ern Railway and Montgomery and Chattanooga Railway Com¬ 
pany, corporations organized and existing under the laws of the 
State of Alabama. 

Sec. 2. That the auditor of Alabama is authorized and di¬ 
rected to draw his warrants on the treasurer of the State of 
Alabama for said sums, and such warrants shall be paid by the 
State treasurer to the respective treasurers of said Alabama, 
Tennessee and Northern Railway and Montgomery and Chat¬ 
tanooga Railroad Company. 

Sec. 3. That all laws and parts of laws in conflict with the 
provisions of this act be and the same hereby are repealed. 



341 


Sec. 4. This act shall take effect immediately upon its pas¬ 
sage and approval. 

Approved August 28, 1915. 


No. 322.) (H. 1043—Goode. 

AN ACT 

To amend an act entitled “An act to submit to the qualified electors of each 
of the counties of this State the question of whether or not the work of 
tick eradication shall be taken up in said' county under the State live 
stock sanitary board as provided by law,” approved March 5th, 1915, by 
amending section 11 thereof. 

Be it enacted by the Legislature of Alabama : 

Section 1. That an act entitled “An Act to submit to the 
qualified electors of each of the counties of this State the ques¬ 
tion of whether or not the work of tick eradication shall be 
taken up in said county under the State live stock sanitary 
board as provided by law T ,” approved March 5th, 1915, be and 
the same is hereby amended so as to make section 11 thereof 
read as follows: “Section 11. That all laws and parts of 
laws in conflict with this act be and the same are hereby re¬ 
pealed; provided, however, that nothing in this act shall be 
construed to require that an election be held for the purpose 
of taking up the work of tick eradication in those counties in 
which such work is now being conducted by order of the boards 
of revenue, courts of county commissioners, or other like gov¬ 
erning bodies of any such county, and by order of the State 
live stock sanitary board heretofore made. And such coun¬ 
ties in which such work is now being conducted shall not be 
required to hold an election as provided under this act, and 
the provisions of the law relating to such work shall be ap¬ 
plicable to such counties without holding an election as pro¬ 
vided for herein. 

Approved September 2, 1915. 


No. 323.) (H. 1044—Goode. 

AN ACT 

To authorize each of the several counties of this State to make appropria¬ 
tions for the construction and maintenance of dipping vats, and other¬ 
wise to promote and encourage the eradication of cattle ticks in such 
county. 



342 


Be it enacted by the Legislature of Alabama: 

Section 1. That the boards of revenue, courts of county 
commissioners, or other like governing bodies of each of the 
several counties of this State are hereby authorized and em¬ 
powered to make appropriations for the purpose of construct¬ 
ing and maintaining dipping vats to be used in the work of 
tick eradication in such county. 

Sec. 2. That each of the counties of this State are author¬ 
ized and empowefed to make such appropriations for the pur¬ 
pose of promoting or encouraging the work of tick eradication 
in such county in any manner as may be deemed necessary or 
advisable within the discretion of the board of revenue, court 
of county commissioners, or other like governing body of any 
such county, and to this end may make orders regulating the 
establishment and operation of such dipping vats and use 
thereof. Provided, however, that nothing herein contained 
shall be held to authorize any such county to compel the dip¬ 
ping of cattle before an election be held for the purpose of de¬ 
termining whether or not the work of tick eradication shall 
be taken up in such county as provided by law, or as provided 
by the rules and regulations of the State live stock sanitary 
board. 

Approved September 2, 1915. 


No. 338.) (H. J. R. 203—Goode. 

Whereas, it has been conclusively demonstrated by the great 
war now being waged in Europe that a National System of good 
roads is essential to the successful protection of a country in 
the event of war, and 

Whereas, the welfare, happiness and prosperity of the peo¬ 
ple of the United States is to a very great extent dependent 
upon quick transportation, 

Therefore, be it resolved by the Senate of Alabama, the 
House concurring, that the President and Congress of the Unit¬ 
ed States be and are hereby memorialized to take such steps as 
in their wisdom appears to be most expendient, to bring about 
at the earliest possible moment the construction of a National 
System of good roads. Be it further resolved that the Governor 
is respectfully requested to transmit a copy of these resolutions 
to the President and Congress of the United States. 

Adopted by Senate August 25, 1915. 

Adopted by the House August 26, 1915. 



343 


No. 339.) (S. 564—Judge. 

AN ACT 

To amend section 1842 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama, That section 
1842 of the Code of Alabama shall be amended so as to read as 
follows, viz: 1842. Said commission shall maintain its organi¬ 
zation for five years, and at the end of said period of five years, 
the Governor shall name a similar commission with like powers 
and a like term as the first named commission, provided that 
all bids and contracts for school books shall provide for the 
purchase, by municipalities and school districts which supply 
free school books, of such books at the regular contract price 
less the commission allowed to agents or depositories. 

Approved August 27, 1915. 


No. 342.) (H. 1326—Blackwell. 

AN ACT 

To provide for the payment of the railroad fare and other necessary ex¬ 
penses of the recess joint judiciary committee. 

Be it enacted by the Legislature of Alabama: 

1 . That there is hereby appropriated out of any money in 
the State treasury the sum of one thousand dollars or so much 
thereof as may be necessary for the purpose of paying the rail¬ 
road fare and other necessary expenses of the several members 
of the recess joint judiciary committee while traveling over the 
State in the discharge of their duties. 

2. That the State auditor is hereby authorized to draw his 
warrant in favor of the several members of said committee for 
such amounts as may be certified by the chairman as being due 
each member. 

Approved September 3, 1915. 


No. 357.) (S. J. R. 137—Hartwell. 

SENATE JOINT RESOLUTION. 

Whereas, Alabama is peculiarly blessed with a magnificent 
system of water-ways, and a seaport at Mobile of special and 



344 


unusual importance to the State and to the country at large, 
and 

Whereas, the Federal government has already recognized 
the commercial necessity of improving the water-ways of our 
State and of deepening and maintaining the channel from the 
port of Mobile to the Gulf of Mexico, which is the natural outlet 
for the commerce of a vast and growing section. 

Resolved, by the Senate, the House concurring, That it is the 
sense of the Legislature of Alabama that the Congress of the 
United States shall as speedily as possible improve these great 
highways to meet the ever increasing expansion of our com¬ 
merce. 

Resolved further, That it is the opinion of this Legislature 
that our great State should continue to have personal represen¬ 
tation upon the rivers and harbors committee in the house of 
representatives of Congress, to aid in advancing the claims of 
Alabama in behalf of her water-ways and her only seaport, and 
that Congress be and the same is hereby memorialized and re¬ 
spectfully requested to give to Alabama an assignment upon 
said committee which deals Avith matters of the highest impor¬ 
tance to the material and commercial prosperity of the State. 

Resolved further, That the secretary of the State be required 
to send a copy of this resolution to each of the United States 
Senators and to each member of Congress from Alabama. 

Adopted by the Senate August 20, 1915. 

Adopted by the House August 31, 1915. 


No. 358.) (S. J. R. 136—Hartwell. 

SENATE JOINT RESOLUTION. 

Resolved by the Senate, the House concurring, That the Leg¬ 
islature of Alabama extend its sympathy to Galveston, Houston, 
and to the State of Texas for the loss of life and property sus¬ 
tained by them during the recent hurricane which visited their 
borders, and the secretary of State be requested to send a copy 
of this resolution to the Governor of the State of Texas. 

Adopted by the Senate August 20, 1915. 

Adopted by the House August 31, 1915. 



345 


No. 359.) (S. 403—Judge. 

AN ACT 

To amend an act entitled “An act to provide for State aid, regulation and 
supervision of the Mercy Home Industrial School for Girls, located at 
Birmingham, Alabama,” approved April 15 th, 1911 . , 

Be it enacted by the Legislature of Alabama, That sections 1, 
2, and 4 of an act entitled “An act to provide for State aid, reg¬ 
ulation and supervision of the Mercy Home Industrial School 
for Girls, located at Birmingham, Alabama,” approved April 
15th, 1911, be amended so as to read as follows: 

Section One. That the sum of five thousand dollars is hereby 
appropriated annually out of any monies in the State treasury 
for the support, maintenance and improvement of the Mercy 
Home Industrial School for White Girls located at Birming¬ 
ham, Alabama, beginning January 1st, 1915. 

Section Two. That the State auditor is hereby authorized 
and directed to draw his warrants on the State treasury in fa¬ 
vor of the treasurer of the Mercy Home Industrial School for 
Girls for the payment quarterly in each year of the sums hereby 
appropriated for the maintenance of said school. 

Section Three. That any court of the State of Alabama 
which now has, or may hereafter have, jurisdiction over juvenile 
children, may commit any dependent or neglected white female 
in Alabama between the ages of twelve and sixteen years, inclu¬ 
sive, who is in danger of becoming delinquent, to said Mercy 
Home Industrial School whenever in the opinion of said court, 
said commitment is for the best interest of such child. When so 
committed such child shall be subject to the rules and regula¬ 
tions and under the control of the board of managers of the Mer¬ 
cy Home Industrial School. This act shall take effect immedi¬ 
ately upon its approval by the Governor. 

Approved September 4, 1915. 


No. 360.) (H. J. R. 151—Wilson. 

HOUSE JOINT RESOLUTION. 

Whereas, the frequent floods of the Mississippi river, caused 
by waters from thirty-one States, embracing more than 41 per 
cent of the total area of the United States, result in great loss 
.of human lives in portions of the States of Illinois, Tennessee, 



346 


Kenucky, Mississippi, Missouri, Arkansas, and Louisiana, and 
large money losses, not only in such afflicted territory but in 
other portions of the nation, and, 

Whereas, it has been declared by every member of the en¬ 
gineer corps of the United States army who has dealt with such 
floods, by the Mississippi river commission and by other com¬ 
missions appointed by Congress, that such floods can be pre¬ 
vented at a reasonable cost, and 

Whereas, the work of such flood prevention has been going 
on for many years in the least economical way and over two- 
thirds of its costs has been borne by the damaged sections, who 
can no longer cope with this giant problem without effective aid 
from the national government, and 

Whereas, all political parties have declared in their cam¬ 
paign platforms that flood control of the Mississippi river is a 
national duty, therefore 

Be it resolved, by the House of Representatives of the State 
of Alabama, the Senate concurring, That the Congress of the 
United States be, and is hereby requested to fulfill this national 
duty at its next -session and to enact such legislation as shall 
provide a separate and comprehensive plan for the prevention of 
such floods without delay. 

Be it further resolved, That copies of this resolution be sent 
to the Speaker of the House of Representatives, to the President 
of the Senate of the Congress of the United States and to each 
member of the Senate and House of Representatives of this 
State in Congress. 

Adopted by the Senate August 26, 1915. 

Adopted by the House August 27, 1915. 


No. 371.) (H. 256—Shapiro. 

AN ACT 

To prevent and punish the desecration, mutilation, or improper use of the 
flag of the United States of America or the State of Alabama or the 
Confederate flag or ensign. 

Be it enacted by the Legislature of Alabama: 

Section 1. Any person, who in any manner, for exhibition or 
display, shall after this act takes effect, place or cause to be 
placed, any word, figure, mark, picture, design, drawing, or any 
advertisement, of any nature, upon any flag, standard, color, or 



347 


ensign of the United States or State flag of this State, or ensign, 
or the Confederate flag or ensign, or shall expose or cause to be 
exposed to public view, any such flag, standard, color, or ensign, 
upon which after this act takes effect, shall have been printed, 
painted, or otherwise placed, or to which shall be attached, ap¬ 
pended, affixed or annexed, any word, figure, mark, picture, de¬ 
sign, or drawing, or any advertisement of any nature, or who 
shall, after this act takes effect, expose to public view, manufac¬ 
ture, sell, expose for sale, give away, or have in possession for 
sale, or to give away, or for use for any purpose, any article, or 
substance, being an article of merchandise, or a receptacle of 
merchandise, or article or thing for carrying or transporting 
merchandise, upon which after this act takes effect, shall have 
been printed, painted, attached, or otherwise placed, a represen¬ 
tation of any such flag, standard, color, or ensign, to advertise, 
call attention to, decorate, mark, or distinguish, the article, or 
substance, on which so placed, or who shall publicly mutilate, 
deface, defile, or defy, trample upon, or cast contempt, either by 
words or act, upon any such flag, standard, color, or ensign, 
shall be deemed guilty of a misdemeanor, and shall be punished 
by a fine not exceeding one hundred dollars or by imprisonment 
for not more than thirty days, or both, in the discretion of the 
court; and shall also forfeit a penalty of fifty dollars for each 
such offense, to be recovered with costs in a civil action, or suit; 
in any court having jurisdiction, and such action or suit may be 
brought by and in the name of any citizen of this State, and such 
penalty when collected less the reasonable cost and expense of 
action or suit and recovery to be certified by the probate judge 
of the county in which the offense is committed shall be paid 
into the treasury of this State; and two or more penalties may 
be sued for and recovered in the same action or suit. The words 
“flag, standard, color or ensign,” as used in this subdivision or 
section, shall include any flag, standard, color, ensign, or any 
picture or representation, of either thereof, made of any sub¬ 
stance, or represented on any substance, and of any size, evi¬ 
dently purporting to be, either of, said flag, standard, color or 
ensign, of the United States of America, or the Confederate flag 
or ensign, of a picture or a representation, of either thereof, 
upon which shall be shown the colors, the stars and the stripes, 
in any number of either thereof, or by which the person seeing 
the same, without deliberation may believe same to represent 
the flag, colors, standard, or ensign, of the United States of 
America or the Confederate flag or ensign. The possession after 
this act takes effect, by any person, other than a public officer, 



348 


as such, of any such flag, standard, color or ensign, on which 
shall be anything made unlawful at any time by this section, 
or of any article or substance or thing on which shall be any¬ 
thing made unlawful at any time by this section, shall be pre¬ 
sumptive evidence that the same is in violation of this section, 
and was made, done or created after this act takes effect, and 
that such flag, standard, color, ensign, or article, substance, or 
thing, did not exist when this act takes effect. 

Section 2. This act shall not apply to any act permitted by 
the statutes of the United States of America or by the United 
States army and navy regulations, nor shall it be construed to 
apply to a newspaper, periodical, book, pamphlet, circular, cer¬ 
tificate, diploma, warrant or commission of appointment to of¬ 
fice, ornamental picture, article of jewelry, or stationery for use 
in correspondence, on any of which shall be printed, painted or 
placed, said flag, disconnected from any advertisement. 

Approved September 4, 1915. 


No. 378.) (S. 76—Kline. 

AN ACT 

To abolish the office of county treasurer, and to require that the county funds 
to be deposited in such incorporated national or State bank in the_ sev¬ 
eral counties, as the board of revenue or court of county commissiners 
may elect, and to provide for the custody of such funds, and to require 
all acts required of the treasurer to be performed by the president of 
the board of revenue or county commissioners. 

Be it enacted by the Legislature of Alabama : 

Section 1. That the office of county treasurer is hereby 
abolished. 

Sec. 2. That the treasurer of each county shall make a set¬ 
tlement with the board of revenue or court of county commis¬ 
sioners of each county, and the balance of the money on hand 
he shall pay over to the order of the said board of revenue or 
court of county commissioners to the credit of said county. 

Sec. 3. That all monies heretofore required by law to be 
paid to the county treasurer, shall be put into such national 
or State bank of said county, as the board of revenue or court 
of county commissioners of said county may elect, to the credit 
of said county, and all settlements heretofore required by law 
to be made with said treasurer shall be made with said board 
of revenue or court of county commissioners, the receipt of said 



349 


bank so designated being sufficient voucher, and all sworn re¬ 
ports heretofore required by law to be made by said treasurer 
shall be made by such board of revenue or court of county 
commissioners. 

Sec. 4. That accounts shall be opened and kept in said 
bank in such manner and funds as such board may direct, dis¬ 
bursements to be made upon the order of the board of revenue 
or court of county commissioners, and said bank shall furnish 
said board with a full and detailed statement of the receipts and 
disbursements on the second Monday of January and July in 
each and every year. The said board of revenue or court of 
county commissioners shall from sealed bids, place the county 
funds, the bids l>eing opened on the first Monday in December 
of each year, with such incorporated State or national bank 
in the several counties, as offers the highest rate of interest 
to the county on daily balances of bank deposits, such placing of 
said county funds to be for the period of the following calendar 
year. The board shall require adequate bond of said bank to 
secure the safety of said deposit, which bond shall be in the 
sum of fifty thousand dollars, or such other sum as the county 
commissioners or board of revenue shall fix, having due regard 
to the safety of the county funds. 

Sec. 5. The bank or banks so designated as depositories for 
county funds shall be charged with all the duties and subject to 
the same liabilities in so far as the safe-keeping and paying out 
of the funds of the several counties are concerned, as are now 
imposed by law upon county treasurers. The banks or bank act¬ 
ing as county depository shall not receive any compensation or 
commission or other allowance for services as county deposito¬ 
ries, provided that in all counties under fifty thousand popula¬ 
tion where the county treasurer is now required by law to collect 
and receipt for duty in such county, the judge of probate in such 
county shall be charged with the duty of collecting and receipt¬ 
ing for such road tax, and perform such other duties in connec¬ 
tion therewith as are now required by law of county treasurers. 
All warrants drawn upon the depository must be signed by the 
probate judge of said county or the president of the board of 
revenue or court of county commissioners of the different coun¬ 
ties at the election of such board of revenue or court of county 
commissioners, expressed in a resolution which must be spread 
upon the minutes and given to such depositories that may be 
selected. Such officer signing such warrants to be liable for 
the amount of any warrant drawn and paid by such depositories 
without the authority of law. Provided, however, that if the 



350 


board of revenue or court of county commissioners are unable 
to designate any depository for the county funds in their county 
by reason of their inability to secure from any bank within its 
limits terms for the handling of the county funds as provided in 
this act, satisfactory to such boards of revenue or courts of 
county commissioners, then such boards may designate some 
individual who may act as treasurer of such county under such 
terms and conditions as may be fixed by said boards of county 
commissioners or boards of revenue. 

Sec. 6. All acts required by law to be performed by the 
county treasurer, outside of the receipts and disbursements of 
the county funds, shall be performed by the president of the 
board of revenue or court of county commissioners of the 
county. 

Sec. 7. Provided this act shall not go into effect until the 
first Monday after the second Tuesday in January, 1917. 

Sec. 8. All laws and parts of laws, either general or special 
in conflict with the provisions of this act, be and the same are 
hereby repealed. Provided, however, that this act shall not ap¬ 
ply to counties having a population of more than 50,000 accord¬ 
ing to the last Federal census or any subsequent Federal census. 

Approved September 15, 1915. 


No. 379.) 


(S. 703—Ellis. 


AN ACT 

To reimburse the Governor for moneys expended by him in repairs and fur¬ 
nishing of the Governor’s mansion. 

Be it enacted by the Legislature of Alabama, That $2,234.11 
or so much thereof as is necessary be and the same is hereby ap¬ 
propriated out of the funds of the treasury not otherwise ex¬ 
pended to be paid to Governor Henderson to reimburse him for 
moneys paid by him for necessary repairs and furnishings made 
on the Governor’s mansion, and the auditor is hereby author¬ 
ized to draw his warrant for the sum upon presentation to him 
of vouchers showing the amounts paid by Governor Charles 
Henderson. 

Approved September 4, 1915. 



351 


No. 380.) (H. 986—Tarrant. 

AN ACT 

To provide for the distribution of the deposit of mutual aid or industrial 
associations or corporations with the insurance commissioner, where 
they cease to do business, and re-insure their policy holders at the time 
they cease to do business and to make the duly certified statement to 
that effect sufficient evidence to authorize the insurance commissioner 
to act. 

Be it enacted by the Legislature of Alabama : 

That when any mutual aid or industrial association or cor¬ 
poration, shall cease to do business, and at the time it ceases 
to do business, re-insures all of its policy contracts of insur¬ 
ance then outstanding, with some other association or corpor¬ 
ation that has a deposit with the insurance commissioner, and 
pays all of its outstanding obligations, the insurance commis¬ 
sioner shall pay or turn over to the president or other authoriz¬ 
ed officer of such association or corporation, the deposit of such 
association or corporation held by him as an indemnity fund 
for the benefit of its members or policy holders, and take the 
receipt of such association or corporation for the same; when 
any such association or corporation, shall file with the insur¬ 
ance commissioner, a statement in writing, under the corporate 
seal, signed by the president and secretary of such association 
or corporation, showing that such association or corporation 
has not outstanding claims or obligations in favor of its policy 
holders, and no outstanding judgments nor pending suits 
against it, and that all of its just debts have been paid, and 
that it has ceased to do business, and desires to wind up its 
affairs, and that it has re-insured all of its policy contracts of 
insurance then outstanding, which statement shall be verified 
by the oath of each stockholder, and have attached to it a copy 
of the agreement between such company, association or cor¬ 
poration, and the association or corporation that assumes the 
outstanding policy contracts of insurance, and re-insures the 
same, such statement shall be sufficient evidence of the facts 
therein recited, and the insurance commissioner shall then pay 
over such deposit as herein above provided for. 

Sec. 2. This act shall take effect immediately upon its ap¬ 
proval, and all laws in conflict herewith are expresselv re¬ 
pealed. 

Approved September 4, 1915. 



352 


No. 382.) (H. 161—Chamberlain. 

AN ACT 

To amend section 3243 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama, That section 
3243 of the Code of Alabama of 1907 be amended to read as fol¬ 
lows: “3243 (911) Thirteenth Circuit; Time and place of 
Holding Court.—The circuit court in the thirteenth judicial cir¬ 
cuit shall be held at Mobile and shall have one term per year, 
beginning on the first Monday of October and lasting until and 
including the thirty-first day of July next following. The pre¬ 
siding judge of said court may adjourn said court for as long a 
time during the term as to him seems proper.” 

Approved September 4, 1915. 


No. 385.) (S. 366—Mr. Key. 

AN ACT 

To establish and regulate Good Roads Day in Alabama. 

Be it enacted by the Legislature of Alabama: 

1. That August 14 and 15 in each year are fixed and estab¬ 
lished as good roads day in Alabama, the observance of which is 
enjoined upon public officials, all educational and other institu¬ 
tions, and the patriotic people of the State. In the event either 
of these two dates should fall on Sunday, the preceding Friday 
and Saturday are to be observed. 

2. That sixty days prior to the dates named the Governor 
shall issue a proclamation, in which he shall briefly emphasize 
the importance of good roads, and their value to all the interests 
of the State, and directing the observance of good roads day by 
public officials, educational and other institutions, and the peo¬ 
ple of the State. Immediately following the issuance of the proc¬ 
lamation by the Governor, it is made the duty of the probate 
judges of the several counties, and the mayors or presidents of 
commissioners of the several cities and towns in this State to 
issue a like proclamation, calling upon their respective counties, 
cities or towns to join in the good roads movement, and the ob¬ 
servance of good roads day. 

3. That it shall be the duty of the State Highway Depart¬ 
ment to annually prepare and publish, for free distribution, a 



353 


good roads day program or booklet, to include the Governor’s 
proclamation, good roads statistics, extracts from notable ad¬ 
dresses or papers in reference to improving highway conditions, 
good roads illustrations or plates, and other pertinent material. 

Approved September 4,1915. 


No. 386.) (S. 230— Wallace. 

AN ACT 

To amend section 4897 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama, That section 
4897 of the Code of Alabama be amended, and the same is hereby 
amended, so as to read as follows: 4897 (1065) (1868) Partial 
payment of mortgage debt entered. A mortgagee or the as¬ 
signee or transferee of a debt secured by mortgage, or trustee or 
his assignee or transferee or cestui que trust of a deed of trust 
to secure a debt, who has received partial payment, if the mort¬ 
gage or deed of trust is of record, must, upon request in writing 
to enter the date and amount of such partial payment by the 
mortgagor, or by a judgment creditor, or other creditor of the 
mortgagor having a lien or claim on the property mortgaged, or 
by a purchaser from the mortgagor, or upon the written request 
of the debtor in a deed of trust, enter on the margin of the rec¬ 
ord of the mortgage or deed of trust the date and amount of 
such partial payment or payments; a mortgagee or the assignee 
or transferee of a debt secured by mortgage, or trustee or his as¬ 
signee or transferee or cestui que trust of a deed of trust to se¬ 
cure a debt, if the mortgage or deed of trust is of record must, 
upon request in writing, enter a statement of the then total un¬ 
paid amount secured by said mortgage or deed of trust, of any 
judgment creditor or other creditor of the mortgagor having a 
lien or claim on the property mortgaged, or by a purchaser from 
the mortgagor, or upon the written request of the debtor or 
mortgagor, enter on the margin of record of the mortgage or 
deed of trust a statement of the total unpaid amount secured 
by said mortgage or deed of trust. If for thirty days after such 
request, the mortgagee or the trustee or his assignee or trans¬ 
feree, or cestui que trust, or transferee or assignee of such mort¬ 
gage or deed of trust fails to make such entry, he forfeits to the 
party making such request the sum of two hundred dollars. In 
construing this section the right of action given herein shall bo 


12 GA 



354 


considered as a personal right, and shall not be lost or waived 
by a sale of the property covered by the mortgage or deed of 
trust before a demand was made for the date and amount of the 
partial payment to be entered upon the record. 

Approved September 4, 1915. 


No. 387.) (S. 208—Holmes. 

AN ACT 

To provide for the removal of prisoners affected with tuberculosis, confined 
in the several jails of this State, from said jails to the tuberculosis 
hospital of the Alabama State penitentiary. 

Section 1. Be it enacted by the Legislature of Alabama, That 
whenever, in the opinion of the State prison inspector, it shall 
be necessary for the proper care and preservation of the health 
of any prisoner, or prisoners, confined in any of the jails of this 
State, who are affected with tuberculosis, that such prisoner, 
or prisoners, should be removed from such jail; or if there is 
danger of the spread of tuberculosis to the other inmates of the 
jail by reason of the confinement in the jail of the person, or 
persons, affected therewith, it shall be the duty of the State 
prison inspector to order the sheriff of the county to remove 
such prisoner, or prisoners, to the State tuberculosis hospital. 
It shall be the duty of the warden in charge of the State tuber¬ 
culosis hospital to receive such prisoner, or prisoners, and to 
safely keep and care for them as other prisoners confined in said 
State tuberculosis hospital are confined and cared for. 

Sec. 2. All expenses incident to the removal of such pris¬ 
oner, or prisoners, from the county in which they are con¬ 
fined, to said State tuberculosis hospital, and their return to 
said county for trial, shall be borne by the county. 

Sec. 3. The provisions of this act shall also apply to persons 
confined in any of the jails of this State who have been convicted 
of crime, but confined in said jail under suspended sentence 
aw’aiting a determination of an appeal to the Supreme Court, 
or the Court of Appeals. 

Sec. 4. Wherever the words “State tuberculosis hospital” 
are used in this act they shall be held to mean and refer to the 
tuberculosis hospital of the Alabama State penitentiary, now 
located near Wetumpka, Ala. 

Sec. 5. Before making any order for the removal of any 
person from any jail to said tuberculosis hospital, the State 



355 


prison inspector shall inquire of and ascertain from the presi¬ 
dent of the board of inspectors of convicts whether it will be 
practicable to receive such prisoner, or prisoners, into said tu¬ 
berculosis hospital, and the State prison inspector shall make 
no order for the removal of such prisoner, or prisoners, unless 
notified by the president of the board of inspectors of convicts 
that such prisoner, or prisoners, can be received into said tuber¬ 
culosis hospital. 

Sec. 6. All laws and parts of laws, general, local or special, 
in conflict with the provisions of this act be and the same are 
hereby repealed. 

Approved September 7, 1915. 


No. 389.) (H. 601—Shapiro. 

AN ACT 

To amend section 3279 of the Code of Alabama, 1907. 

Be it enacted by the Legislature of Alabama, That section 
3279 of the Code of Alabama, of 1907, be amended so that said 
section, when so amended, shall read as follows: 3279. Super¬ 
numerary judge. There shall be one supernumerary judge, who 
shall have and exercise all the powers that circuit judges and 
chancellors have or exercise, or that may hereafter be conferred 
by law, and under the direction of the Governor, shall hold reg¬ 
ular, special, or adjourned terms of any circuit or chancery 
court, or courts of like jurisdiction, when the judges or chancel¬ 
lors thereof fail to attend or to hold such terms, or when the 
regular judges or chancellors are disqualified from trying 
causes set before them, or w'hen the dockets of any court are so 
congested that the assistance of the supernumerary judge is nec¬ 
essary to relieve such congestion. Whenever the clerk of judge 
of any court in this State certifies to the Governor the fact that 
the services of the supernumrary judge are necessary to relieve 
the congestion of the dockets in said court the Governor shall 
direct the supernumerary judge to go to the proper place for the 
holding of said court with reasonable dispatch and try said 
cases and the said supernumerary judge shall assist the regular 
judge or judges in relieving the congestion of the dockets of said 
court. 

Approved September 8, 1915. 



356 


No. 391.) (H. 500—Chamberlain. 

AN ACT 

To regulate appeals, in criminal cases, from inferior criminal courts and 
municipal courts and to provide for the trial of same in the appellate 
court. 

Be it enacted by the Legislature of Alabama, That, when an 
appeal, in a criminal case, is taken from an inferior criminal 
court, in which juries are not provided for or from a municipal 
court, the case appealed shall be returned to the court to which 
the appeal is taken, the Monday following the day on which 
the case was tried and shall stand for trial during the term 
to which it is returned, or if the court be not in session at the 
date of the return, at the next term. 

Approved September 10, 1915. 


No. 392.) (H. 1517—Welch. 

AN ACT 

For the relief of candidates who have failed to comply with the provisions 
of that portion of section 6 of the act known as the corrupt practice act, 
approved June 19, 1915, which requires candidates to designate com¬ 
mittees. 

Be it enacted by the Legislature of Alabama, as follows: 

Section 1. That all candidates who, up to the time of the 
approval of this act have failed to designate committees as pro¬ 
vided by section 6 of the act known as the corrupt practice act, 
approved June 19, 1915, be, and they are hereby relieved from 
the penalties and forfeitures of said section, provided that such 
candidates must, within thirty days after the approval of this 
act, in all respects comply with all of the provisions of said 
section 6. 

Approved September 10, 1915. 


No. 393.) (H. 1387—John. 

AN ACT 

To make a further appropriation to pay the per diem and mileage of mem¬ 
bers, officers and employees of the Legislature of Alabama and other 
expenses thereof for the present session. 



357 


Be it enacted by the Legislature of Alabama: 

That fifty thousand dollars, or so much thereof as may be 
necessary, be and the same is hereby appropriated to pay the 
per diem and mileage of the members, officers and employees 
of the Legislature of Alabama and other expenses thereof for 
the present session. 

Approved September 10, 1915. 


No. 397.) (H. 411—Weakley. 

AN ACT 

To prohibit the making or the awarding of loans of money in this State by 
any person, firm or corporation, domestic or foreign, by any plan, pro¬ 
gram, or schedule, which involves any lottery or scheme of chance in 
the nature of a lottery, and to provide for any violations of this act. 

Be it enacted by the Legislature of Alabama : 

Section 1. That, it shall be unlawful for any person, firm 
or corporation, domestic or foreign, to make or award any loan 
of money by or according to any plan, program or schedule 
which involves any drawing, lottery, or scheme of chance in the 
nature of a lottery, or which requires the performance by the 
borrower of any act or duty as a condition upon which such 
loan is made, except the payment of the necessary and custo¬ 
mary expenses attendant upon the making of any loan of 
money, and the re-payment thereof, with interest, and the 
giving of such security therefor as may be agreed upon between 
the borrower and the lender. 

Sec. 2. That, any violation of the provisions of this act 
shall.be punishable by a fine of not more than one thousand dol¬ 
lars, and any loan made in violation of the requirements of 
this act, shall be void, and there shall be no recovery of the 
principal or interest of such loan in any court of law or equity 
in this State. 

Sec. 3. That, any violation of the provisions of this act by 
any domestic corporation, shall be a ground for the forfeiture 
of its charter, and proceedings therefor may be instituted by 
any citizen of this State. If any loan be made in violation of 
the provisions of this act by any foreign corporation authoriz¬ 
ed to do business in Alabama, such violation shall ipso facto 
revoke the permit of said corporation to do business in this 
State. That nothing in this act contained shall be construed 



358 


or held to affect any cause pending in the courts, or any con¬ 
tract or demand executed or existing before the approval of 
this act, or remedy for the enforcement of any such contract, 
right or demand. 

Approved September 10, 1915. 


No. 400.) (H. 889—Tarrant. 

AN ACT 

To make an appropriation for feeding prisoners prior to January 18, 1915, 

and to provide for the payment for feeding prisoners for term ending 

September 30, 1915. 

Be it enacted by the Legislature of Alabama : 

Section 1. That the sum of seventy thousand dollars, or so 
much thereof as is necessary, be and the same is hereby appro¬ 
priated out of any funds in the State treasury not otherwise 
appropriated, for feeding prisoners up to and including Janu¬ 
ary 18, 1915. 

Sec. 2. That the further sum of seventy-five thousand dol¬ 
lars, or as much thereof as is necessary is hereby appropriated 
out of any funds in the State treasury not otherwise appro¬ 
priated for feeding prisoners for the fiscal year ending Septem¬ 
ber 30, 1915. 

Approved September 14, 1915. 


No. 401.) (H. 386—McDonald. 

AN ACT 

To regulate divorce proceedings in any of the courts of Alabama. 

Be it enacted by the Legislature of Alabama : 

1. That in divorce proceedings in any of the courts of this 
State whenever a decree pro confesso in a suit for divorce has 
been taken and the case is ready for submission for final decree, 
and the complainant, or his solicitor of record, if no defense 
has been interposed, shall file a written request with the reg¬ 
ister, or clerk of the court, when the cause is pending, asking 
for the submission of said cause in vacation. The register shall 



359 


immediately deliver all papers in the cause to the chancellor 
or judge, and he shall forthwith render a final decree in said 
cause, and return the same to the register or clerk for enroll¬ 
ment, and it shall not be necessary to serve any notice of said 
submission on the defendant in said cause when no defense has 
been interposed. 

Approved September 10, 1915. 


No. 402.) (H. 1402—Grayson of Mobile. 

AN ACT 

To provide for the distribution of the moneys which were held at the close of 

the 30th day of June, 1915, as a contingent fund by any excise commis¬ 
sion in this State. 

Be it enacted by the Legislature of Alabama'. 

1. That the person having the custody, or charge, of all 
funds which were under the control of any excise commission at 
the close of the 30th day of June, 1915, shall immediately after 
the approval of this act, pay the same into the State treasury 
upon the certificate of the auditor. 

2. That, at the same time of the payment of the money into 
the State treasury, the person so paying it, shall file with the 
auditor a list, verified by affidavit, showing the persons entitled 
thereto, and whenever any such person makes a written appli¬ 
cation to the State auditor, and shall reasonably satisfy him 
that he is the same person named on the list filed with the au¬ 
ditor, he shall draw his warrant on the State treasurer for the 
amount due to the person who paid it to the excise commission. 

3. That all persons who made application to any excise 
commission and paid in any fee, or money and who for any 
reason was not granted a license to sell liquors, shall be en¬ 
titled to receive the amounts they paid in, less any sum deduct¬ 
ed therefrom for the legitimate expenses of the commission, and 
any sum left over after all such unsuccessful applicants hove 
had returned to them, their proper pro rata share of the money 
they paid to the excise commission, shall belong to the State. 

4. That any person who fails, or refuses to comply with 
the provisions hereof shall be guilty of a misdemeanor. 

Approved September 10, 1915. 



360 


No. 403.) 


(H. 1428—Fite of Marion. 


AN ACT 

To provide for elections, to authorize any county in the State and any school 
district now existing or hereafter formed in any county, to levy and col¬ 
lect a special county tax for public school purposes, not exceeding thirty 
cents (30c) on each one hundred dollars ($100) worth of taxable prop¬ 
erty in such county and in such school district. 

Be it enacted by the Legislature of Alabama : 

1. That upon a petition signed by two hundred or more 
qualified electors of any county, to the court of county com¬ 
missioners or other governing body, in any county within the 
State of Alabama, said court of county commissioners or other 
governing body shall order an election to determine whether or 
not a special tax shall be levied for public school purposes with¬ 
in said county, and upon request of the county board of educa¬ 
tion to the court of county commissioners or other governing 
body, said court shall order an election to determine whether 
or not a special tax shall be levied for public school purposes 
within any school district in any county; provided that no elec¬ 
tion in any school district shall be held for the purpose of levy¬ 
ing and collecting a special school tax for school purposes un¬ 
less the county in which said district is located shall be levy¬ 
ing and collecting a special county tax for school purposes of 
not less than thirty (30c) cents on each one hundred dollars 
($100) worth of taxable property in such county. Publication 
shall be made of any election to be held under the provisions of 
this act in some newspaper of the county for three successive 
issues preceding the date of said election, and when an election 
is to be held for a special tax for school purposes in any district, 
written notices shall be posted in three public places within 
said district at least twenty days prior to said election. Said 
publications and notices shall show the rate of such proposed 
tax, the time it is proposed to be continued, and the purpose 
for which the levy is proposed to be made. 

2. That the inspectors and officers of the special county 
election shall be appointed and such election shall be held, and 
the results of such election shall be declared in the same man¬ 
ner and by the same officers as the results of the regular elec¬ 
tion for county officers under the general election laws of the 
State; provided that the election may be held at the time for 
holding any regular election in the county, and if held at such 



361 


time the inspectors and officers of the general election shall 
conduct at the same time the election herein provided for, and 
for such services they shall receive no compensation other than 
that allowed them for the holding of the general election; but 
if the election is held at some other time than that of holding 
the regular election within the county, then the election officers 
shall receive the same pay as that for holding a general elec¬ 
tion. 

3. That upon written request of the county board of educa¬ 
tion for a special election in any school district, the court of 
county commissioners or other governing body, shall appoint 
three managers and one returning officer for each voting place 
in the school district, to conduct and make return of such elec¬ 
tion in the school district, and in the event such election offi¬ 
cers fail to appear at the polling place to which they are ap¬ 
pointed, the officer or officers who do appear shall appoint 
some one to take their places; provided that all election officers 
shall be qualified electors of the district in which they serve; and 
it shall be the duty of the sheriff to notify all officers of their 
appointment by the court of county commissioners or other 
governing body. The managers of such election shall open the 
polls at eight o’clock a. m. and close the same at five o’clock 
p. m. on the day of the election, and immediately after closing 
the polls, shall ascertain the results of the election at their re¬ 
spective voting places and make returns of the same to the 
court of county commissioners or other governing body, of the 
county, and deliver the ballot-boxes containing the returns 
with the polling-lists, tally-sheets, and other necessary papers, 
to the returning officers of such voting places, who shall deliver 
the same to the court of county commissioners or other gov¬ 
erning body, on or before noon of the second day after said elec¬ 
tion. The court of county commissioners or other governing 
body, shall within four days after said election, canvass the re¬ 
turns so made and under oath make a written report declaring 
the result of said election in said school district, showing the 
number of votes cast both for and against the proposed taxa¬ 
tion. A copy of such report shall be printed in some news¬ 
paper published in the county, and the original shall be filed in 
the office of the probate judge. Except as otherwise provided 
herein, said election shall be held under the general election 
laws of the State. The officers, including the sheriff, shall per¬ 
form the same duties and receive the same pay as provided for 
under the general election laws aforesaid; and all costs and 
fees of said election shall be paid out of the county treasury. 



362 


4. That when any election is to be held in any county or 
in any school district, under the provisions of this act, the 
court of county commissioners or other governing body, shall 
provide the necessary number of ballots, polling-lists, tally- 
sheets, ballot-boxes, booths, instructions for holding the elec¬ 
tion, and all other necessary and proper stationery for holding 
said election; and the sheriff shall see that the same are deliv¬ 
ered to the managers before the day of the election. The ballots 
used in said election shall have printed at the top of such bal¬ 
lot the rate of such proposed tax, the time it is proposed to be 
continued, and that it is to be used for public school purposes, 
and directly underneath in plain type shall be printed on dif¬ 
ferent lines the words, “For Proposed Taxation.” “Against 
Proposed Taxation,” and a blank must be left directly to the 
left of each line thereof, and the voters favoring the proposed 
taxation will make a cross-mark directly to the left of the line 
“For Proposed Taxation,” and the voters not in favor of the 
proposed taxation will make a cross-mark directly to the left 
of the line “Against Proposed Taxation,” and if it appears as 
the result of such election that a majority of those voting in 
said election have voted for such taxation, the court of county 
commissioners or other governing body, shall levy said special 
tax and cause the tax assessor to assess the same on the tax¬ 
able property in said county, or in said school district, as the 
case may be, which shall not exceed thirty cents on each one 
hundred ($100) dollars worth of taxable property in said 
county or in said school district, as the case may be; provided 
that any special tax levied under the provisions of this act shall 
not be for a shorter term than two years. 

5. That whenever such a levy as is provided for in this act 
is made, it shall be the duty of the tax collector within and for 
that county to collect such a tax in the same manner and under 
the same requirements and laws as the taxes of the State are 
collected, and he shall keep said amount separate and apart 
from all other funds and keep a clear and distinct account 
thereof showing what amount is paid and turn the same over 
to the county treasurer of public school funds, whose duty it 
shall be to receipt therefor and pay out the same on monthly 
pay-rolls with the authority and approval of the county board 
of education, upon uniform blanks prescribed by the State su¬ 
perintendent of education; provided that the funds arising from 
levying the special tax for school purposes in any school dis¬ 
trict, shall be used for the exclusive benefit of the public schools 
of such district ; and in the case of incorporated cities and 



363 


towns shall be paid over to the ti’easurer of said incorporated 
city or towrn, to be used for the exclusive benefit thereof. 

6. That all persons who are at the time of such election 
qualified electors in the county where such election is held, or 
in such school district where such election is held, under the 
laws and Constitution of Alabama then in existence, shall be 
qualified electors to participate therein. 

7. That this act shall take effect when an amendment to 
the Constitution of Alabama shall be adopted as provided for 
in an act “to submit to the qualified electors of the State at a 
general election to be held on the first Monday after the expira¬ 
tion of three months from and after the final adjournment of 
the present session of the Legislature, for their consideration, 
an amendment to the Constitution for the purpose of authoriz¬ 
ing the several counties of the State and the several districts of 
any county to levy and collect a special tax not exceeding 
thirty cents (30c) on each one hundred dollars ($100) worth 
of taxable property in such county and in the several districts 
of any county, under such regulations as the Legislature may 
have prescribed or may hereafter prescribe,” and approved 
March 17, 1915. 

Approved September 10, 1915. 


No. 406.) (H. J. R. 220—Rogers. 

HOUSE JOINT RESOLUTION 

Resolved by the House, the Senate concurring. 

We as representatives, for ourselves and for the people of 
Alabama, congratulate President Woodrow Wilson for his se¬ 
curing from the Imperial Government of Germany a guarantee 
to safeguard the lives of non-combatants traveling on liners of 
belligerents. That this concession was secured by pacific means, 
makes of our belovfed and honored President a grand and last¬ 
ing monument to the victories of peace, elevates him in the 
eyes of all who love their fellowmen, as one of the highest ex¬ 
ponents of civic righteousness the world has ever known. 

Adopted by the House September 3, 1915. 

Adopted by the Senate September 3, 1915. 



364 


No. 407.) (H. J. R. 218—Carmichael. 

HOUSE JOINT RESOLUTION 

Requesting the board of trustees and the president of the University of Ala¬ 
bama to name the new woman’s dormitory at the University in honor of 
Miss Julia Tutwiler. 

Be it resolved by the House of Representatives, the Senate 
concurring, That, in recognition of her distinguished services 
to education, literature, and philanthropy in this State, and as 
a slight tribute to her noble character and worth, the board 
of Trustees and the president of the University of Alabama be 
respectfully requested to honor Miss Julia Tutwiler, by for¬ 
mally designating and naming the new woman’s dormitory at 
the University as “Julia Tutwiler Hall.” 

Adopted by the House September 3, 1915. 

Adopted by the Senate September 3, 1915. 


No. 410.) (H. 23—John/ 

AN ACT 

To provide for the election by the people of Senators of and from Alabama 

in the Senate of the United States. 

Be it enacted by the Legislature of Alabama: That at the 
general election to be held on the first Tuesday after the first 
Monday in November, 1918, and every six years thereafter, a 
senator of and from the State of Alabama in the senate of the 
United States, shall be elected by the people for the term of six 
years, beginning on the 4th day of March next after his elec¬ 
tion. 

2. That at the general election to be held on the first Tues¬ 
day after the first Monday in November, 1920, and every six 
years thereafter, a senator of and from the State of Alabama 
in the senate of the United States, shall be elected by the people 
for the term of six years beginning on the 4th day of March 
next after his election. 

3. Whenever a vacancy occurs in the office of senator of 
and ftom the State of Alabama in the senate of the United 
States, more than four months before a general election, the 
Governor of Alabama shall forthwith order an election to be 
held by the qualified electors of the State, to elect a senator of 



365 


and from the State of Alabama to the United States senate, for 
the unexpired term. If the vacancy occurs within one hundred 
and twenty days of and before sixty days of a general election 
the vacancy shall be filled at that election. If the vacancy oc¬ 
curs within sixty days before a general election, the Governor 
shall order a special election to be held on the first Tuesday 
after the lapse of sixty days from and after the day on which 
the vacancy is known to the Governor, and the senator elected 
at such special election shall hold the office for the unexpirea 
term. 

4. The Governor must give notice of an election of a sen¬ 
ator, for a full term, in the same manner and at the same time 
that he gives notice of the election of representatives in con¬ 
gress, and must give notice of a special election to elect a sen¬ 
ator for an unexpired term, in the same manner and for the 
same time as is prescribed for special elections to fill a vacancy 
in the office of representative in congress. 

5. All elections of senators must be held in the same man¬ 
ner and by the same election officers as elections of representa¬ 
tives in congress are held, and the returns thereof shall be made 
to, and canvassd by, and the result declared by the same officers 
who canvass the returns and declare the result of elections of 

representatives in congress. 

Became a law under section 125 of the Constitution. 


N C 4 ii.) (S. 461—Denson. 

AN ACT 

To designate certain public roads of the State of Alabama as State trunk 
roads and to provide the manner in which such roads shall be located, 
improved and maintained. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the following described roads are hereby declared State 

trunk roads: Road Number 1. That certain road described as 

beginning at the point where the Athens and Fayetteville road 
crosses the Tennessee-Alabama State line extending southward 
to Athens, Decatur, Hartselle, Falkville, Cullman, Blount 
Springs, Birmingham, Calera, Clanton, Montgomery, Lowndes- 
boro, Selma, Safford, Gastonburg, Catherine, Pine Hill, 
Thomasville, Jackson, Mobile, Grand Bay to Mississippi State 
line. Road Number 2. That certain road described as begin- 



366 


ning at the Alabama-Georgia State line where road from Ed- 
wardsville, Alabama to Tallapoosa, Georgia crosses said line 
extending westward to Heflin, Anniston, Alexandria, Gadsden, 
Ashville, Springville, Birmingham, Bessemer, Tuscaloosa, Re- 
form to Alabama Mississippi State line near McGary, Miss. 
Road Number 3. That certain road described as beginning at 
Girard, Alabama and extending westward to Tuskegee, Mont¬ 
gomery, Lowndesboro, Selma, Marion Junction, Massillon, 
Uniontown, Faunsdale, Demopolis, Livingston, Cuba to Ala- 
bama-Mississippi State line. Road Number 4. That certain 
road described as beginning at Alabama-Mississippi State line 
near Margerum, Alabama and extending eastward to Cherokee, 
Tuscuinbia, Leighton, Courtland, Decatur, Madison, Huntjs- 
ville, Brownsborough, Gurley, Paint Rock, Scottsboro, Steven¬ 
son, Bridgeport to Tennessee-Alabama State line. Road Num¬ 
ber 5. That certain road described as beginning at Alabama- 
Tennessee State line north of Huntsville and extending south¬ 
ward to Huntsville, New Hope, Guntersville, Albertville, Boaz, 
Attalla, Gadsden to Alexandria. Road Number 6. Beginning 
at Albertville, Alabama and extending to Crossville, Geraldine, 
Fyffe, Sylvania, Valley Head, to the Alabama-Georgia State 
line near Sulphur Springs, Georgia. Road Number 7. That 
certain road described as beginning at the city limits of Tus¬ 
caloosa and extending southward to Eutaw, Gainesville to 
Livingston intersecting there with road number 3. Road Num¬ 
ber 8. That certain road described as beginning at Alabama- 
Tennessee line north of Florence extending southward 
to Florence, Sheffield, Tuscumbia, Russellville, Hackleburg, 
Hamilton, Guin, Fayette, Tuscaloosa, Greensboro, Marion to 
a point on road number 3-near Marion Junction. Road Num¬ 
ber 9. That certain road described as beginning at a point on 
road number 8 near Rockwood and extending southward to 
Haleyville, Jasper, Birmingham, Pell City, Talladega, Syla- 
cauga, Goodwater, Alexander City, Dadeville, LaFayette to 
Lanett. Road Number 10. That certain road described as 
beginning at Columbia extending to Dothan, Ozark, Brundidge, 
Troy, Montgomery, Wetumpka, Rockford to Sylacauga. Road 
Number 11. That certain road described as beginning at Mont¬ 
gomery, extending southward out what is known as Mobile 
Road to Ft. Deposit, Greenville, Burnt Corn, Bay Minette to 
Fairhope. Road Number 12. That certain road described as 
beginning at Dothan, extending to Hartford, Geneva, Samson, 
Opp, Andalusia, Brewton, Atmore to intersection with road 
number 11 north of Bay Minette. Road Number 13. That cer- 



367 


tain road described as beginning at a point on road number 
9 near Lanett and extending southward to Opelika, Auburn, 
Tuskegee, Union Springs, Troy, Elba to intersection with road 
number 12 near Opp. Road Number 14. That certain road 
described as beginning at Guntersville, and extending south to 
Blountville, Cleveland, Addville, Seefville, Pinson to Birming¬ 
ham. Road Number 15. That certain road described as be¬ 
ginning at a point on road number 1 near Safford and extend¬ 
ing westward to Thomaston, Linden, Myrtlewood, Butler to 
Mississippi line. Road Number 16. That certain road de¬ 
scribed as beginning at Brundidge extending eastward to Clio, 
Louisville, Clayton to Eufaula. Road Number 17. That cer¬ 
tain road described as beginning at Eufaula and extending 
southward to Abbeville, Newville, Headland, to Dothan. Road 
Number 18. That certain road described as beginning at Ham¬ 
ilton and extending to Detroit, Sulligent, Vernon, Millport and 
Reform. Road Number 19. That certain road described as be¬ 
ginning at Goodwater and extending northeastward to Ash¬ 
land, Lineville, Wedowee, Roanoke, Rock Mills to Georgia State 
line. Road Number 20. That certain road described as be¬ 
ginning at Marion and extending northward to Centerville, 
Blocton to Bessemer. Road Number 21. That certain road 
described as beginning at Talladega and extending to Oxford. 
Road Number 22. That certain road described as beginning at 
Garden City and extending to Blountsville to Oneonta. Road 
Number 23. That certain road described as beginning at Gads¬ 
den and extending to Center and the Georgia State line near 
Kirk. Road Number 24. That certain road described as be¬ 
ginning at Florence and extending eastward to Rogerville, 
Athens to Huntsville. Road Number 25. That certain road 
beginning at the intersection of the Forest Home and Green¬ 
ville road with road number 11 and extending westward to 
Forest Home, Pine Apple Station, Oak Hill, Camden, Prairie, 
Catherine to intersection with road number 1. Road Number 
26. That certain road described as beginning at Andalusia and 
extending northward to Brantley, Luverne, LaPine and to in¬ 
tersection of road number 10 near Sprague. Road Number 27. 
That certain road described as beginning at Greensboro and 
extending south to Faunsdale, Demopolis, Linden, Miller, to 
Thomasville. Road Number 28. That certain road beginning 
at Greenville and extending southward to Bolling, Chapman, 
Georgiana, Garland, Evergreen, to Brewton. Road Number 
29. From Anniston to Jacksonville, Piedmont, Rock Run to 
Georgia line. Road Number 30. That certain road beginning at 



368 


Enterprise, Alabama; Ozark, Alabama, running to Ariton, Ala¬ 
bama, thence to Elamville, Louisville, Clayton and thence to Eu- 
faula, Alabama. Road Number 31. That certain road described 
as beginning at Alabama and Georgia State line, near George¬ 
town, thence to Eufaula, thence to Union Springs, thence in a 
westerly direction to Montgomery. Road Number 32. From 
Dadeville in Tallapoosa county to Tallassee in Elmore county, 
from Tallassee to Wetumpka in Elmore county, from Wetump- 
ka to Montgomery the capital of the State. Road Number 33. 
That certain road described as beginning at Clayton and ex¬ 
tending northwest to Mt. Andrew, thence north to James, 
thence in a northwesterly direction to Union Springs thence in 
a westerly direction to Bughall, Shopton, and to Downing in 
Montgomery county, thence to Montgomery, Alabama. Road 
Number 34. That certain road beginning at Anniston, Ala¬ 
bama, and extending westward to Lincoln, Truss Ferry, Pell 
City, Cropwell, Vincent, Wilsonville, Columbiana, to Calera. 

Sec. 2. That the detailed location of such roads between 
the points mentioned in section one of this act and their im¬ 
provement and maintenance shall be in accordance with stand¬ 
ards established by the State highway department and subject 
to the approval of the State highway engineer. That it shall 
be unlawful for any moneys appropriated by the State of Ala¬ 
bama to aid in the construction or building of roads to be ex¬ 
pended on any other roads other than those enumerated herein. 
Provided the said roads have not been built, in which event the 
money may be expended on any other road as is now provided 
by law. 

Sec. 3. All laws and parts of laws in conflict with the pro¬ 
visions of this act are hereby repealed. 

Approved September 10, 1915. 


No. 412.) (S. 687—Pride. 

AN ACT 

For the incorporation of mutual co-operative societies or associations to pro¬ 
mote and foster trade and commerce, to reform abuses relative thereto, 
to secure freedom from unjust and unlawful exactions; to diffuse accu¬ 
rate and reliable information as to the standing of individuals seeking 
credit, to settle differences between its members, and to promote a more 
enlarged and friendly intercourse between the retail merchants and to 
exempt the same from all corporate taxation and licenses. 



369 


Be it enacted by the Legislature of Alabama > as follows: 

Section 1. That whenever ten or more retain merchants 
wish to form an association, co-operative society, or corpora¬ 
tion, not for pecuniary profit in the sense of paying interests 
or dividends on stock, but for the mutual benefit through the 
application of co-operation or other economic principles, they 
may become a body corporate in the manner following: 

Sec. 2. Filing Declaration. That the person proposing to 
form such corporation, shall file with the probate judge of the 
county in which it proposes to establish itself, a declaration in 
writing, setting out the name of said proposed corporation, the 
names of the charter members and the purposes of said corpor¬ 
ation. 

Sec. 3. Charter how issued. That upon the filing of such 
declaration the judge of probate shall issue to such corporation 
a charter, which shall be perpetual—subject to revocation at 
any time by the Legislature. 

Sec. 4. That said corporations so formed may elect such 
officers as it may deem necessary, in such manner and for such 
terms as it may provide, and remove the same at any time, and 
adopt such constitution and by-laws as it may see fit, not to 
conflict with the Constitution and laws of this State. 

Sec. 5. Powers. That such co-operative society, associa¬ 
tion or corporation, shall have the power to promote and foster 
trade and commerce, and to reform abuses relative thereto, to 
secure freedom from unjust and unlawful exactions, to diffuse 
accurate and reliable information as to the standing of indi¬ 
viduals seeking credit of members of such society or associa¬ 
tion, to settle differences between its members, to promote a 
more enlarged and friendly intercourse between the members 
of its societies or association, to acquire, hold, own and dispose 
of such property as may be necessary and incidental to the 
proper conduct of said society or association, and to do all other 
things incident to its purpose for the mutual benefit of its mem¬ 
bers. 

Approved September 10, 1915. 



370 


No. 413.) (S. 294—Hill. 

AN ACT 

To amend section 3795 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama: 

That section 3795 of the Code of Alabama of 1907 be and 
the same is hereby amended so as to read as follows: 3795 
(1487) (2324) (2687) (3353) (1963). To wife in case of 
cruelty or non-support by husband. In favor of the wife when 
the husband has committed actual violence on her person, at¬ 
tended with danger to life or health, or when from his con¬ 
duct there is reasonable apprehension of such violence, or when 
the wife without support from him has lived separate and apart 
from the bed and board of the husband for five years next pre¬ 
ceding the filing of the bill, and she has bona fide resided in 
this State during all of said period. 

Approved September 10, 1915. 


No. 414.) (S. 406—Bonner. 

AN ACT 

To provide for the purchase of blank books, stationery, and office supplies 
and materials for use in and by the several State offices, departments, 
commissions, bureaus and boards, other than the convict department, 
and for the use of the Supreme Court, the Court of Appeals, and the 
State and Supreme Court library. 

Be it enacted by the Legislature of Alabama: 

1. That the secretary to the Governor is hereby constituted 
and appointed purchasing agent for the several State offices, 
departments, commissions, bureaus, and boards, other than the 
convict department, and also for the Supreme Court, the Court 
of Appeals and the State and Supreme Court library. He shall 
make and execute a bond as such purchasing agent in some 
reputable surety company, in the sum of ten thousand dollars, 
the premium on such bond to be paid by the State. 

2. That when the head of any office or department named in 
the preceding section desires any blank books, stationery, office 
supplies or materials of any kind or nature for the use of his 
department, he shall make written application therefor to the 
purchasing agent, to be sworn to, which shall itemize the arti- 



371 


cles desired by such applicant, shall show out of what fund 
they are to be paid, shall state that such articles are absolutely 
necessary and that the amount thereof is, in his opinion, not 
excessive, and that he will not knowingly permit any part of 
same to be used by any person or in any way except in the con¬ 
duct of the State’s business. All applications shall be careful¬ 
ly kept on file by the purchasing agent for presentation to the 
next regular meeting of the State board of purchase herein¬ 
after provided. 

3. That the Governor of Alabama, the State auditor, and 
the State treasurer are hereby constituted and appointed a 
State board of purchase, whose duties shall be as follows: The 
board shall hold regular quarterly meetings on the first Mon¬ 
day in February, on the first Monday in May, on the first Mon¬ 
day in August, and on the first Monday in November of each 
year, and if, for any reason, the board shall fail to meet at the 
times above named it shall meet as soon thereafter as conven¬ 
ient, and in cases of emergency, it may hold called meetings on 
the unanimous written consent of its members. At such meet¬ 
ings the board shall consider such requisitions as are present¬ 
ed to it by the State purchasing agent, provided they are itemiz¬ 
ed and sw r orn to as required by this act. When it is deemed 
necessary or advisable the board may summon before it any ap¬ 
plicant for supplies for oral examination. The board shall de¬ 
termine whether or not the articles requisitioned shall be pur¬ 
chased, or what part thereof shall be purchased, and shall in¬ 
struct the purchasing agent in writing what articles shall be 
ordered by him. No articles or supplies of any kind or nature 
whatever shall be purchased by any official of Alabama, or by 
any employee thereof, except as herein specified; provided how¬ 
ever, that the provisions of this act shall not apply to the pur¬ 
chase of supplies for the convict department of Alabama. Any 
two members of the board shall constitute a quorum, but no 
supplies shall ever be purchased until as many as two members 
thereof shall vote in favor of such purchase. 

4. That the Governor of Alabama is hereby made chair¬ 
man of the board of purchase, and the purchasing agent here¬ 
in above provided shall be the secretary and the custodian of its 
records. A careful and full minute and record of the proceed¬ 
ings of all meetings shall be made, and transcribed at length, 
immediately following each meeting, in a well bound book. All 
books, requisitions, bids, correspondence and all other papers 
and documents of the board of purchase and of the purchasing 
agent are hereby declared to be public records, they shall be 



372 


faithfully preserved, and shall at all times be open to the in¬ 
spection of any official or citizen of the State. 

5. That the State board of purchase shall, immediately 
after the adjournment of each meeting, notify the purchasing 
agent in writing what articles and supplies are to be purchased 
by him. The purchasing agent shall at once make out a full 
and complete itemized list of all such supplies, and shall imme¬ 
diately give notice by one publication in some daily newspaper 
published in Montgomery, Alabama, that sealed written pro¬ 
posals to furnish such supplies will be opened by him in the 
Governor’s office at a time to be stated in the notice not less 
than 10 and not more than 20 days thereafter. The notice shall 
not contain an itemized list of the articles to be purchased, but 
shall state in a brief, general way the nature thereof. The 
itemized list, which is to be kept on file by the purchasing agent, 
shall be open to the inspection of any party Avho wishes to offer 
proposals to furnish all or any part thereof. At the time fixed 
in the newspaper notice the purchasing agent shall publicly 
open all of the proposals and shall let the contract to the lowest 
responsible bidder, provided the price be reasonable and no 
greater than the prevailing market price. However, he shall 
not purchase any supplies from any person to whom he or any 
member of the board of purchase is related in any manner, or 
from any person or firm in which he or any member of the 
board of purchase has any pecuniary interest. The board of 
purchase is hereby authorized to require any bidder to deposit 
such securities as it may deem proper, and may also require 
bond or other surety to be furnished by any person, firm or cor¬ 
poration to whom any contract for supplies may be awarded. 
If the purchasing agent deems it best for any reason to reject 
all bids submitted, he may do so, provided he first obtains the 
written consent of a majority of the board of purchase, which 
written consent must also show the reasons therefor, and shall 
be kept on file by the purchasing agent and open to public in¬ 
spection. 

6. That the purchasing agent is required to keep on file in 
his office an inventory of all office furniture, fixtures and sup¬ 
plies of any nature in all offices, departments, commissions, bu¬ 
reaus and boards, and in the rooms or apartments of the Su¬ 
preme Court, the Court of Appeals, the State and Supreme 
Court library, and of the judges and the officers thereof in the 
State Capitol, which inventory must be made and filed with 
him on or before the first day in January of each year, and, 
at the time filed, and annually thereafter, the purchasing agent 



373 


shall go to each office in the Capitol, and check over all articles 
of every kind and supplies in each office above specified, and 
shall compare such inventory with the one filed the preceding 
year, and shall require a strict accounting of each department 
head of any discrepancies between such inventories. 

7. That if any officer herein above desires to sell any fur¬ 
niture, furnishings or other articles in his office or apartments 
he shall notify the purchasing agent in writing of such desire, 
and give him an itemized list of the articles proposed to be 
sold. The purchasing agent shall submit such written request 
to the board of purchase at the next regular meeting, and it 
may order the articles sold or not as may be deemed best. If 
the articles are ordered sold, the purchasing agent shall sell the 
same at public outcry, to the highest bidder, for cash, within 
the legal hours of sale, at the State Capitol, after first giving 
ten days’ notice of the time, place and terms of such sale by 
publication for two insertions in some newspaper published in 
Montgomery, Alabama. On the day of sale a detailed state¬ 
ment of the articles and the office or offices for which sold shall 
be made out in duplicate, one copy retained by the purchasing 
agent, and one copy delivered to the State auditor, and the pro¬ 
ceeds of the sale paid to the State treasury. 

8. That the printing or binding of any supplies or publi¬ 
cations that may be desired by the head of any office or depart¬ 
ment or by any other officer specified herein, shall be done and 
procured in strict accordance with the provisions of this act 
with reference to the procuring of any other supplies. How¬ 
ever, it is not intended by this act to repeal chapter 40 of the 
Civil Code of Alabama, 1907. After the printing contract has 
been let as provided in that chapter and after any requisition 
for printed supplies has been approved by the board of pur¬ 
chase, then the purchasing agent shall purchase such supplies 
from the party with whom the State has the printing contract. 
Provided that nothing herein contained shall affect any con¬ 
tract now existing and legally entered into. 

9. That upon delivery to the purchasing agent of the sup¬ 
plies or other articles contracted for and ordered as herein, he 
shall promptly deliver the same to the several offices, depart¬ 
ments, or others making requisition, taking an itemized receipt 
therefor. Separate invoices shall be made out by the contractor 
for the supplies or articles called for by each requisition re¬ 
spectively. Before payment, such invoice shall be approved by 
the head of the office or department or other person to whom 
the supplies or other articles therein specified are delivered, 



374 


and it shall also be approved by the purchasing agent, together 
with an indication of the fund out of which the invoice is to be 
paid. Upon presentation of the invoice or bill, the auditor shall 
draw his warrant upon the State treasurer for the amount 
thereof, which warrant shall show the particular fund against 
which it has been charged. 

10. That any person who violates any provision of this act 
shall be guilty of a misdemeanor, and, upon conviction, shall be 
fined not less than twenty-five dollars nor more than five hun¬ 
dred dollars, and may also be imprisoned in the county jail or 
sentenced to not exceeding six months hard labor for the 
county. 

11. This act shall go into effect upon its approval by the 
Governor or upon its passage. All laws and parts of law r s in 
conflict herewith are hereby repealed. 

Approved September 10, 1915. 


No. 417.) (H. 686—Rogers. 

AN ACT 

To create a lien in favor of any laborer or employee of any person, firm or 
corporation engaged in the getting, cutting, rafting, shipping, hauling 
or ma.iuj.uci.uiuf tiiiiljCi, luiubc. or crc zz ticc, and to rrov?*c for its 
enforcement. 

Section 1. Be it enacted by the Legislature of Alabama: 
That every laborer or employee of any saw mill or planing mill 
and every laborer or employee of any person, firm or corpora¬ 
tion engaged in the getting, cutting, rafting, shipping, hauling 
or manufacturing of any kind of timber, lumber or cross-ties, or 
in preparing timber, lumber or cross-ties for shipping, shall 
have a lien for his wages on any timber, lumber or cross-ties for 
all debts or wages due him in the getting, cutting, rafting, ship¬ 
ping, hauling or manufacturing of said timber, lumber or cross- 
ties. 

Sec. 2. Priority of lien .—Such lien shall have priority over 
all other liens, mortgages or incumbrances created subsequent 
to the beginning of the work or labor done in the getting, cut¬ 
ting, rafting, shipping, hauling or manufacturing of said lum¬ 
ber, timber or cross-ties. 

Sec. 3. Limitation .—The liens completed by this article 
shall be held to have been waived or abandoned unless proceed¬ 
ings to enforce the same are commenced within sixty days after 
the work shall have been created. 



375 


Sec. 4. Liens enforced by attachment. —For the enforcement 
of such liens, the person entitled may sue out attachment before 
any officer authorized to issue such writs, returnable before 
any court of competent jurisdiction; but before any attachment 
shall issue, the plaintiff, his agent or attorney, must make affi¬ 
davit that same remains unpaid and that the attachment is not 
sued out for the purpose of vexing or harassing the defendant 
and describe therein the property on which the lien is claimed, 
and suits under the provisions of this act may be either joint or 
several. 

Sec. 5. Further enforcement. —The further enforcement of 
said lien shall be governed by the laws relating to the enforce¬ 
ment of liens for stumpage in this State. 

Sec. 6. This act shall take effect immediately upon its 
passage. 

Approved September 10,1915. 


No. 418.) (H. 989—Merritt. 

AN ACT 

To amend section 5838 of the Code of Alabama of 1907 as amended by an act 

of the Legislature of Alabama, approved August 20th, 1915. 

Be it enacted by the Legislature of Alabama: 

That section 5838 of the Code of Alabama of 1907 as amend¬ 
ed by an act of the Legislature of Alabama approved August 
20th, 1915, be amended so as to read as follows: 5838. The 
court of county commissioners or courts of like jurisdiction 
may accept a money compensation to be fixed by them not to 
exceed ten dollars ($10.00) per capita, per annum from those 
liable for road duty in lieu of the labor required by law on pub¬ 
lic roads, provided that in counties of a population of thirty-five 
thousand (35,000) and under as shown by the last Federal cen¬ 
sus the amount in lieu of labor shall not exceed five dollars 
($5.00). Said money to go into the road fund of said county 
and to be appropriated exclusively to the public roads in the 
precinct or beat from which the money was collected. No con¬ 
tract under this article shall be let to any State, county or mu¬ 
nicipal officer or to any firm or corporation in which such offi¬ 
cer is interested. 

Approved September 10,1915. 



376 


No. 421.) (H. 432—Speir. 

AN ACT 

To require apartments, buildings or premises occupied by persons suffering 

with or dying of tuberculosis on removal therefrom, to be disinfected. 

Be it enacted by the Legislature of Alabama: 

1. That in case of the vacation of any apartment, building 
or premises by death from tuberculosis, or by removal there¬ 
from of a person or persons sick with tuberculosis, it shall be 
the duty of the person or physician in charge, to notify the 
health officer of the town or city of said removal, within twenty- 
four hours thereafter, and such apartments or premises so va¬ 
cated shall not again be occupied until renovated and disinfect¬ 
ed as herein provided. 

2. That in case of the vacation of any apartments, buildings 
or premises as set forth in section 1 hereof, the town or city 
health officer, on receiving the notice above required, shall im¬ 
mediately visit said premises, and shall order and direct that 
such premises or apartments and all infected articles therein 
be properly and suitably disinfected. In case there shall be no 
remaining occupants in such premises or apartments, and same 
shall be vacant, then the town or city health officer shall cause 
a notice in writing to be served upon the owner, or agent of the 
owner of such premises or apartments, ordering the renovation 
and disinfection of such premises or apartments, under the di¬ 
rection of and in conformity with the regulations of the local 
departments of health. 

3. That in case any orders or directions of the town or city 
health officer requiring the disinfection of any articles, prem¬ 
ises or apartments, as herein before provided, shall not be com¬ 
plied with within thirty-six hours after such orders or direc¬ 
tions shall be given, then it shall be the duty of the town or city 
health officer to cause a placard in words and form as follows, 
to be placed upon the door of the infected apartments, or prem¬ 
ises, to-wit: Notice. “Tuberculosis is a communicable disease. 
These apartments have been occupied by a consumptive and 
may be infected. They must not be occupied until the order of 
the health officer directing their renovation and disinfection 
has been complied with.” This notice must not be removed un¬ 
der a penalty of law, except by the town or city officer, or an 
authorized police officer. 

Approved September 10,1915. 



377 


No. 424.) (H. 1160—Fite of Tuscaloosa. 

AN ACT 

To confer jurisdiction upon the chancery court, and other courts having the 
jurisdiction of the chancery court, to establish the fact of consolidation 
of corporations in certain instances, and to authorize the filing of bills 
for that purpose and prescribing procedure thereon. 

Be it enacted by the Legislature of Alabama, as follows: 

1. That when there has been a consolidation of two or more 
corporations in or out of the State of Alabama, and there is not 
on record in the proper office in the State of Alabama sufficient 
evidence of such consolidation, or in any case where has been 
an attempted consolidation of two or more corporations in or 
out of the State of Alabama, and the records of the proper of¬ 
fices in this State do not contain sufficient evidence to show a 
legal compliance with the laws existing in this State at the time 
such consolidation was attempted, and there is in this State any 
real or personal property, the title to which has passed through 
or is derived from the consolidated corporation, or either of 
those attempting such consolidation, whether the said title be 
derived immediately or remotely through or from either of said 
corporations, any person owning or claiming to own any such 
real or personal property may file in the chancery court of any 
county in the State where any such property may be located, 
or any court having the jurisdiction of the chancery court, a bill 
for the purpose of establishing the fact of such consolidation, 
and such court shall have jurisdiction to hear and determine the 
same and render a final decree thereon. 

2. That when any such bill as is provided for in the preced¬ 
ing section may be filed, it shall be filed against the corporations 
entering into, or attempting such consolidation, as well as 
against the consolidated corporation, provided the said corpora¬ 
tions, or either of them is in active operation. If said corpora¬ 
tions have ceased to exist, or become dormant, or have failed to 
exercise corporate functions for five consecutive years, or the 
officers thereof are unknown, said bill shall be filed against the 
surviving stockholders in said corporations, if they are known. 
If the said stockholders are not known, then the said bill may be 
filed against the stockholders of the said corporation without 
naming them, and it shall be averred that the names and places 
of residence of the said stockholders are unknown. If the said 
corporations are dormant or have failed to exercise corporate 



378 


functions for five consecutive years, the officers thereof are un¬ 
known, and the stockholders or any of them are deceased, said 
bill may be filed against the stockholders who are living, if any, 
and the heirs and distributees of the stockholders who are de¬ 
ceased, and if the names of the said heirs and distributees of the 
deceased stockholders are unknown the bill may be filed against 
them as unknown parties, and it shall be averred that their 
names and places of residence are unknown. 

3. Upon the filing of the said bill service shall be had upon 
the defendants therein, as now provided for service in equity 
cases, and if the defendants are unknown they shall be served by 
publication, as now provided by law for service against nonresi¬ 
dent defendants in the chancery court. 

4. That upon the said cause coming on to be heard the court 
shall consider any legal evidence of the consolidation of said 
corporation, or attempted consolidation thereof, and if it shall 
appear upon such hearing that there was a consolidation in fact, 
or a bona fide attempt to consolidate the said corporations, a de¬ 
cree shall be rendered so finding and establishing the fact of 
such consolidation and confirming the same. 

5. If upon service being had upon the defendants to any 
such bill they shall fail within the time provided by law for 
pleading in chancery cases to enter an appearance therein a de¬ 
cree pro confesso may be renderd against them as now provided 
for decrees pro confesso against defendants in chancery court, 
and the said cause may be submitted for final decree upon the 
original bill of complaint, or the bill as amended, under the 
rules of chancery practice, and upon the said decree pro con¬ 
fesso. 

6. A copy of the final decree rendered in such court under 
the foregoing provisions of this bill may be filed in the office of 
the probate judge of the county where such decree is obtained, 
and in any other county where any of the property of the com¬ 
plainant in said suit, title to which is derived through such con¬ 
solidation, or through or from any corporation attempting such 
consolidation, may be located. And in any suit or action in any 
court in the State of Alabama a certified copy from the record 
of the probate judge’s office of either of said counties, or a certi¬ 
fied copy from the record of the office of the register or clerk of 
the court in which such decree is obtained, shall be legal and 
competent evidence of the fact of the consolidation of said cor¬ 
porations and shall be admissible as such. 

7. On any bill filed under the foregoing provisions thereof, 
the court shall have jurisdiction, upon appropriate prayer, to 



379 


divest the legal title to the property therein described out of the 
consolidated corporation and the corporation entering into or 
attempting the consolidation and the stockholders of each, and 
to vest such legal title in the complainant in the suit. 

8. Any bill filed under the provisions hereof, shall not be 
objectionable for praying all the relief authorized hereby, nor 
for making defendants all the corporations attempting consoli¬ 
dation and the consolidated corporation and all the stockhold¬ 
ers of such corporations, or either of them. 

Approved September 10,1915. 


No. 429.) (S' 154—Burns. 

AN ACT 

To make an appropriation for necessary repairs and improvements on the 

buildings of the 4th district agricultural school at Sylacauga. 

Be it enacted by the Legislature of Alabama: 

1. That the sum of thirty-five hundred dollars is hereby 
appropriated for necessary repairs and needed improvements 
on the buildings of the Fourth District Agricultural School at 
Sylacauga. 

2. The auditor is hereby authorized and directed to draw 
his warrant in favor of the treasurer of the State agricultural 
school board, at such times and in such amounts as may be 
certified by the president of the school as due and owing for the 
improvements actually made. 

Approved September 15, 1915. 


No. 430.) (S. 434—Hartwell. 

AN ACT 

To authorize the court of county commissioners, or any similar court by 
whatever name, with like jurisdiction, in any county in the State, which 
county has a population of seventy-five thousand people and less than 
eighty-two thousand people according to the last or any subsequent 
Federal census, to employ a trained nurse for the purpose of visiting 
and caring for citizens of said county who have any infectious or con¬ 
tagious disease, said nurse to be under the supervision and control of 
the county board of health, and to be paid a salary not to exceed $100.00 
per month, out of the general funds of the county. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the court of county commissioners, or any similar court by 



380 


whatever name, with like jurisdiction, of any county, which 
has a population of more than seventy-five thousand people and 
less than eighty-two thousand people according to the last or 
any subsequent census, is hereby authorized and empowered to 
employ a trained nurse for the purpose of visiting and caring 
for citizens of said county who are afflicted with any infectious 
or contagious disease and to pay such nurse a salary of not more 
than $100.00 out of the general funds of said county. 

Sec. 2. That any nurse employed under the provisions of 
section 1 of this act shall be under the supervision and control 
of the county board of health of said county. 

Sec. 3. That all acts, either local or general, in conflict with 
the provisions of this act are hereby repealed. That this act 
shall take effect from and after its passage and approval by the 
Governor. 

Approved September 10,1915. 


No. 431.) (S. 335—Hartwell. 

AN ACT 

To appropriate the sum of twenty-seven thousand five hundred dollars 
($27,500) and interest thereon at 4% since July 1, 1914, for the purpose 
of paying a certificate of indebtedness issued by the Governor of Ala¬ 
bama to the endowment fund of the University of Alabama. 

Whereas, on January 12th, 1915, it became necessary, in or¬ 
der to pay interest on State warrants carried at the banks dur¬ 
ing the years 1914 and 1915, for the Governor of Alabama to 
borrow the sum of twenty-seven thousand five hundred dollars 
($27,500), and interest thereon at 4% since July 1, 1914, from 
the endowment fund of the University of Alabama, by authority 
of the executive committee of the University of Alabama, and 
Whereas, the committee voted unanimously that this invest¬ 
ment was in substantial conformity with the spirit of the stat¬ 
ute of Alabama which permits the investment of this fund in 
State securities, therefore: 

Be it enacted by the Legislature of Alabama: 

That the sum of twenty-seven thousand five hundred dollars, 
and interest thereon at 4% since July 1, 1914, be and is hereby 
appropriated out of any fund in the State treasury not other¬ 
wise appropriated, for the purpose of paying a certain certifi¬ 
cate of indebtedness issued by the Governor of Alabama, Janu¬ 
ary 12th, 1915, which certificate was given by the Governor of 



381 


Alabama for the purpose of paying interest on State warrants 
carried at certain banks during the years 1914 and 1915. 

Sec. 2. That with the twenty-seven thousand five hundred 
dollars ($27,500), and interest thereon at 4% since July 1,1914, 
herein appropriated the Governor is authorized to pay the sum 
for which certificate of indebtedness was issued on January 
12th, 1915, to the endowment fund of the University of Ala¬ 
bama. 

Sec. 3. That the State auditor is directed and authorized to 
draw his warrant on the treasurer of the State of Alabama for 
the sum of twenty-seven thousand five hundred dollars, and in¬ 
terest thereon at 4% since July 1, 1914, on the order of the 
Governor of Alabama, for the purpose of paying the certificate 
of indebtedness heretofore issued by the Governor of Alabama, 
for the purpose of paying interest on State warrants carried at 
certain banks during the years 1914 and 1915. 

Approved September 10,1915. 


No. 435.) (S. 721—Holmes. 

AN ACT 

To require the election of members of courts of county commissioners, or 
boards of revenue of counties in this State, having or may hereafter 
have an area of one thousand five hundred and seventy-five square miles 
or more, by the voters only of the districts which such commissioners 
represent, and to make such officers ineligible to election as their own 
successors. 

Be it enacted by the Legislature of Alabama: 

1. That in all elections hereafter held for county commis¬ 
sioners, or members of boards of revenue, in counties in this 
State having or may hereafter have, an area of one thousand 
five hundred and seventy-five square miles or more, the qualified 
electors in each commissioner’s district shall elect one commis¬ 
sioner, or one member of the board of revenue, for their respect¬ 
ive districts, but no elector shall be privileged to vote for any 
other commissioner than the one to be selected for the district 
in which he votes; and each commissioner shall be a resident of 
the district for which he is elected. 

2. That no commissioner, or member of a board of revenue, 
in any county in this State, elected under the provisions of this 
act, shall be eligible to election as his own successor. 

3. That all laws and parts of laws in conflict with the pro¬ 
visions of this act be and the same are hereby repealed. 

Approved September 10,1915. 



382 


No. 436.) (S. 584—Thach. 

AN ACT 

To amend section 3589 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama, That section 
3589 of the Code of Alabama, of 1907 be amended so as to read 
as follows: Sec. 3589. Amendment of Charter. Any educational 
institution heretofore incorporated under special act of the Leg¬ 
islature, or under the general laws of the State may amend its 
charter as follows: The trustees of the corporation must adopt 
a resolution embracing the desired amendment of the charter, 
which must be spread upon the minutes of such trustees. If the 
trustees are not self-perpetuating but are appointed or elected 
by any persons or organization other than the trustees them¬ 
selves, a resolution embracing the desired amendments to the 
charter shall be submitted to the persons or organization hav¬ 
ing the power to elect or appoint the trustees and such resolu¬ 
tion shall be approved by the person or organization having the 
power to elect or appoint the trustees. The resolution must then 
be submitted to the Governor, together with the approval of the 
persons or organization having the power to appoint or elect the 
trustees, and if the amendment is approved by the Governor, he 
shall endorse his approval upon such resolution. It must then 
be filed in the office of the secretary of State, and when so ap¬ 
proved and filed, it shall become a part of the original charter 
of such institution. 

Approved September 10,1915. 


No. 438.) (S. 604—Judge. 

AN ACT 

To regulate the office of sheriff in counties of 81,000 population or over ac¬ 
cording to the last Federal census or any subsequent Federal census, to 
exempt the sheriffs of such counties from court costs; to authorize and 
empower the boards of revenue of such counties to fix a number and 
compensation of the sheriff’s deputies, guards and jailers; to exempt 
sheriffs from liability for the acts of the deputies except in certain 
cases; to require deputy sheriffs to execute official bonds conditioned, 
payable and approved as the bonds of sheriffs, and to provide for the 
payment of the premium on the sheriff’s and deputies’ bonds out of the 
county treasury; and to provide that all fees, charges and commissions 
taxable and collected as sheriff’s fees, charges or commissions be paid 
into the county treasury, including fees for feeding prisoners to be paid 
into the general fund, and to create a fund designated as sheriff’s fund, 
and to provide for the payment of the sheriff and his deputies, guards 



383 


and jailers from such fund; authorizing the board of revenue to appro¬ 
priate necessary money for the legal expense of the sheriff's office not 
otherwise provided for; authorizing the sheriff to employ an attorney 
to advise and represent him, whose compensation is to be fixed by the 
board of revenue, and paid out of the sheriff’s fund; and providing when 
and how this act shall become effective. 

Be it enacted by the Legislature of Alabama: 

Section 1. That in all counties of the State of Alabama 
having a population of 81,000 or over, according to the last 
Federal census or any subsequent Federal census, that the sher¬ 
iff of such county shall not be taxed with or liable for costs, fees 
or charges of courts when such sheriff, in his official capacity 
or for acts done under color of his office, is made a party de¬ 
fendant to any action at law or at chancery; provided, however, 
that such sheriff shall be liable for the witness fees of witnesses 
summoned in his behalf when such sheriff is cast in the suit. 

Sec. 2. That the number and compensation of the deputies 
of the sheriff of such county, guards and jailers, shall be fixed 
by the board of revenue of such county; provided, however, 
that the sheriff have the exclusive right to select and discharge 
the said deputies, guards and jailers and that they be under his 
control. That this section shall not affect the powers or duties 
of the sheriff under section 7518 of the Code of Alabama. 

Sec. 3. 'Be it further enacted that in such counties all depu¬ 
ty sherffis shall enter into bond in the penal sum of $2,000.00 
payable, conditioned and approved as is the bond of the sheriff, 
and such bond shall be recorded, held and governed in all re¬ 
spects by the laws of this State relating to official bonds in so 
far as said laws are applicable. 

Sec. 4. Be it further enacted that the sheriff of such county 
shall not be liable for the acts of his deputies unless he partici¬ 
pates in such acts or the same are done in compliance with his 
orders or with his knowledge and consent; provided, however, 
that the sheriff and the sureties on his bond shall be liable for 
the misappropriation of money collected by any deputy sheriff 
under color of his office or in the course of his employment. 

Sec. 5. Be it further enacted that in the event the bond of 
the sheriff or any deputy in such county shall be executed by a 
guaranty, surety or bonding company, as surety, the amount of 
the annual premium to be paid to such company in considera¬ 
tion of such suretyship shall be paid by such county out of the 
county treasury as other obligations of such county are paid. 

Sec. 6. That all moneys received, or fees, commissions or 
charges of the sheriff shall be paid into the county treasury as 



384 


other moneys due the county and shall be kept in a separate 
fund designated as the sheriffs fund, and that the county shall 
pay the compensation of the sheriff and the deputy sheriffs, 
guards, and jailers, and such compensation shall be paid from 
the sheriffs fund; provided, that at the end of each fiscal year, 
any moneys in the sheriffs fund not appropriated shall go into 
and be transferred to the general funds of the county. 

Sec. 6y 2 . Provided, that the board of revenue may pay the 
monthly salaries of the deputies, jailers and guards in anticipa¬ 
tion of fees actually earned for service rendered out of the gen¬ 
eral fund of the county when there is not sufficient money in the 
sheriffs fund. 

Sec. 7. That the board of revenue may appropriate neces¬ 
sary money for the legal expenses of the sheriffs office not oth¬ 
erwise provided for, which said money shall be paid out of the 
sheriff’s fund of the county. 

Sec. 8. That the sheriff is authorized to employ an attorney 
to advise and represent him in his official capacity, and such 
attorney shall be paid by the county out of the sheriff’s fund; 
the amount of his compensation to be fixed by the board of 
revenue. 

Sec. 9. That all moneys, under existing laws or any law 
hereinafter enacted, which are payable to sheriffs for feeding 
prisoners, shall be paid into the treasury of such county, and 
the board of revenue of such county shall have charge and con¬ 
trol of feeding the prisoners of such county, and shall make nec¬ 
essary rules and regulations to make this provision effective. 

Sec. 10. That this act shall become effective when the sheriff 
of such county is put on a salary basis; provided, that should 
the Supreme Court of Alabama declare the act under which the 
sheriff of such county is put on salary unconstitutional, then 
this act shall not be effective. 

Approved September 10,1915. 


No. 447.) 


AN ACT 


(S. 282—Holmes. 


To authorize courts of county commissioners or boards of revenue in coun¬ 
ties where there are no poor houses, to make provision for paupers or 
other indigent persons in their said counties. 

Be it enacted by the Legislature of Alabama: 

1. That in all counties in this State, where there are no poor 
houses, organized or established in accordance with the laws of 



385 


this State, courts of county commissioners, or boards of revenue 
in such counties, are hereby authorized and empowered to make 
such appropriation in behalf of paupers, or indigent persons 
entitled to relief from the county, not exceeding six dollars per 
calendar month to meet the needs and expenses of such paupers 
or indigent persons. 

2. It shall not be lawful for any court of county commission¬ 
ers or board of revenue to let to the lowest bidder the mainte¬ 
nance of the poor. 

Approved September 10,1915. 


No. 459.) 


(H. 1052—Grayson of Mobile. 
AN ACT 


To authorize the county board of education, or other school governing body 
by whatever name called, in all counties having a population of not less 
than eighty thousand (80,000) nor more than eighty-two thousand 
(82,000) according to the last or any succeeding Federal census to pay 
pensions to aged and indigent teachers out of the school fund of said 
counties. 

Be it enacted by the Legislature of Alabama: 

Section 1. That whenever any person in this State has 
taught continuously in any of the public schools thereof for 
thirty years and has reached the age of sixty years, and his or 
her record as a teacher is without reproach, and by reason of 
physical inability or mental infirmity is unable to teach longer, 
and who is without the means of comfortable support, such 
teacher may lay his or her case before the county board of edu¬ 
cation, or other school governing body by whatever name called, 
in all counties having a population of not less than eighty thou¬ 
sand nor more than eighty-two thousand according to the last 
or any succeeding Federal census, and the said board shall pro¬ 
ceed to consider the same, and if the facts are found as stated 
above, the teacher shall be placed on the “Retired List,” a record 
of which shall be kept by the said board and known as the “Re¬ 
tired List,” and every person so placed on said list shall be enti¬ 
tled to receive a pension from the public school funds of the said 
county or counties of two hundred and forty ($240.00) dollars 
per year to be paid quarterly by the county treasurer of public 
school funds of the county or counties in which the teacher 
making said application lives, as other teachers are paid; pro- 


13 GA 



386 


vided that said payment will be made as above authorized so 
long as said teacher is without means of comfortable support 
and until authorities of such county or counties may for any 
reason which they deem sufficient, discontinue the payment of 
said sum; provided, further, that this act shall not become in¬ 
operative in any of said counties except upon a majority vote of 
the county board of education, or other school governing body 
by whatever name called, of said counties. 

Approved September 10, 1915. 


No. 464.) (H. 850—Weakley. 

AN ACT 

To provide for the assessment, valuation and equalization of values of real 
and personal property for taxation, and for this purpose to create a 
State board of equalization, to prescribe the powers and duties of said 
board, to create a board of equalization for each county, and to pre¬ 
scribe the powers and duties of said boards, to provide for the collection 
of taxes, the sale of property for taxes, the redemption from such sales, 
to further provide for the general revenues, abolish the State tax com¬ 
mission, and to transfer all its powers, authority and jurisdiction, and all 
proceedings pending for assessment and collection of taxes, and to re¬ 
peal all laws in conflict with this act. 

Be it enacted by the Legislature of Alabama: 

DEFINITION OF TERMS. 

Section 1. That whenever the terms mentioned in this sec¬ 
tion are employed in this act, they are employed in the follow¬ 
ing sense: 

1. The term “property” includes real property and personal 
property. 

2. The term “real property” shall be held to mean and 
include not only land, city, town and village lots, but also all 
other things thereunto pertaining, and all structures, and other 
things so annexed or attached thereto as to pass to a vendee by 
the conveyance of the land or lot. 

3. The term “personal property” shall be held to mean and 
include all things, other than real property, which have any 
pecuniary value, investments in any bonds, stocks, joint stock 
companies, or otherwise. 

4. The term “money” or “moneys” shall be held to mean 
and include gold, silver, and other coin, bills of exchange, bank 
bills, or other bills or notes authorized to be circulated as 
money, whether in possession, or on deposit subject to the draft 
of the depositor, or the person having the beneficial interest 
therein, on demand. 



387 


5. The term “improvements” includes all buildings, struc¬ 
tures, walls, fences, and any other thing erected upon or affixed 
to the land. 

6. The term “credit” includes every claim and demand for 
money, labor, merchandise, or other valuable things, and money 
and property of any kind secured by deed of trust, mortgage 
or otherwise. 

7. The term “person” or “party” or other word or words 
importing the singular number shall be held to include firms, 
companies, associations and corporations; and all words in 
the plural number shall apply to single individuals, in all 
cases in which the spirit and intent of this act require it; and 
all words importing the masculine gender shall also apply to 
females; and all words importing the present tense shall also 
apply to the future. 

8. The term “merchant” as used in this act includes all per¬ 
sons, copartnerships or corporations engaged in trading or 
dealing in any kind of goods, wares, merchandise, either on land 
or in steamboats, wharfboats or other craft stationed or plying 
in the waters of this State, whether such goods or merchandise 
be kept on hand for sale, or the same be purchased and deliv¬ 
ered for profit as ordered. 

9. The term “value” means the fair and reasonable cash 
value of the taxable property, and shall be estimated at the 
price at which the property would bring at a fair voluntary 
sale. 

EXEMPTIONS FROM TAXATION. 

Sec. 2. The following property and persons shall be exempt 
from taxation: 

1. All bonds of the United States and of this State, and all 
county and municipal bonds issued by counties or municipali¬ 
ties of this State. All property, real and personal, of the 
United States and of this State, and of the county and munici¬ 
pal corporations of this State; all cemeteries and lots in the 
same, and all real and personal property, when the same are 
used exclusively for religious worship, educational or purely 
charitable or fraternal purposes; all school furniture and per¬ 
sonal property used exclusively for school purposes; and all 
property, real or personal, that may be used exclusively for 
agricultural or horticultural associations of a public character, 
or for the maintenance and education of young men preparing 
for the ministry in any church or religious association; all 
property of State or county fair associations; all money on 



388 


deposit in banks; and all manufactured articles which shall 
remain in the hands of the manufacturers thereof on the first 
day of October of the year in which said articles were manufac¬ 
tured; provided that nothing herein contained shall i*epeal or 
limit the exemption from taxtion of any property now exempted 
for a limited time, or extend such exemption for a greater 
time. 

2. All the property of literary and scientific institutions and 
literary societies, when employed or used in the regular business 
of such institutions. 

3. The libraries of ministers of the gospel, and all libraries 
other than those of a professional character, and all religious 
books kept for sale by ministers of the gospel and colporteurs. 

4. All deaf mutes and insane and blind persons, and their 
property to the value of one thousand dollars. 

5. From poll tax, all persons permanently disabled, whose 
taxable property does not exceed five hundred dollars. 

6. All family portraits. 

7. The following property, to be selected by the head of each 
family, viz.: Household and kitchen furniture, not to exceed 
in value one hundred and fifty dollars; one yoke of oxen, or one 
mule or one horse used for farm purposes, one cart or wagon, 
two cows and calves, twenty head of hogs, ten head of sheep, all 
poultry, all cotton and other agricultural products which were 
raised or grown during the preceding year, and which shall 
remain in the hands of the producer thereof; provisions and 
supplies on hand for the current year, for the use of the family 
and the making of the crop; all wearing apparel; all looms and 
spinning wheels kept for use of the family; farming tools to 
the value of twenty-five dollars; tools and implements of me¬ 
chanics to the value of twenty-five dollars; one sewing machine 
in each family, when the taxable property does not exceed two 
hundred and fifty dollars; provided, that no property or sub¬ 
ject of taxation shall be exempt from taxation, nor shall any 
credit abatement, or reduction be allowed therefrom, unless 
such property or subject of taxation is entered by the tax paver 
upon his assessment list, and returned by him, under oath, to 
the tax assessor. 

S'ec. 3. All shipbuilding plants, in the erection, construc¬ 
tion and equipment of which not less than one hundred thou¬ 
sand dollars shall have been bona fide expended in that time, 
together with the buildings, works, machinery, appliances and 
appurtenances thereof, and all additions necessary or proper 
for its practical operation made to any such plant, its build¬ 
ings, works, machinery, appliances and appurtenances, shall 



389 


be exempt from State, county, municipal taxation and licenses 
for at period of ten years. And all the capital stock of any such 
shipbuilding plant shall likewise be exempted from all State, 
county, municipal taxation and licenses during said period of 
ten years; hut this section shall not be construed to exempt 
from such taxation any lands upon which such plant is erected, 
or which may be used in connection therewith. Provided, that 
no house or building inhabited by any person or used for the 
sale of any goods, wares or merchandise shall be exempt from 
taxation under this section. 

Sec. 4. Cotton and other agricultural products shall be ex¬ 
empt from taxation in the hands of the producer or in the 
hands of the purchaser purchasing the same for prompt ship¬ 
ment, and all manufactured articles including pig iron, shall 
be exempt from taxation in the hands of the producer or manu¬ 
facturer for twelve months after its production or manufac¬ 
ture. 

Sec. 5. No licenses or taxes of any character shall be col¬ 
lected by, or required to be paid to the State or any county or 
municipality therein, by any State or county fair, agricultural 
association, stock or poultry show, or from those who conduct 
business under contract with such fair, association or show, 
on premises owned or controlled by it during the annual fairs 
or exhibits of such association. 

RATE AND SUBJECTS OF TAXATION. 

Sec. 6. The rate of taxation for State purposes shall be 
sixty-five one-hundredths of one per cent, per annum on the 
assessed value of the taxable property within this State. 

Sec. 7. There is hereby levied for the purposes, and upon 
the property hereinafter name, in lieu of all taxes heretofore 
levied, annual taxes as follows, to-wit: 

(a) For the maintenance of the public schools of the State, 
thirty cents on each hundred dollars of the assessed value of 
taxable property. 

(b) For the relief of needy Confederate soldiers and sailors, 
resident citizens of Alabama, and their widows, ten cents on 
each hundred dollars of the assessed value of taxable property. 

(c) For the use of the State and to raise revenue therefor, 
twenty-five cents on each hundred dollars of the assessed value 
of taxable property. 

1. Every piece, parcel, tract or lot of land in this State, 
including therein all things pertaining to such land, and all 
structures and other things so annexed or attached thereto as 



390 


to pass to a vendee by conveyance of such land; and every sepa¬ 
rate or special interest in any land, such as mineral, timber, 
or other interest, when such interest is owned by a person other 
than the owner of the surface or soil, except growing crops. 

2. All docks, wharves, wharf boats, landings and ware¬ 
houses, where charges are made for the use of same, toll bridges 
and ferries, canals, passes, channels and turnpikes, where tolls 
are charged for the use of same, and street railroads, printing 
presses and materials. 

3. All steamboats, vessels and water craft of every name 
and kind plying on the waters of this State. The owner of all 
such steam boats, vessels and water craft plying on any of the 
waters of this State shall return the same for taxation to the 
assessor of the county wherein he resides, and if such steamboat, 
vessel or water craft is owned by a corporation, then in that 
county where the principal office of the said corporation is 
situated; all transfer boats, steam boats or barges used by any 
railroad in transferring cars and passengers must be assessed 
and taxed in the county or counties where used or where the 
owner resides regardless of where such vessel may be regis¬ 
tered. 

4. All stocks of goods, wares, merchandise, the assessment 
to be on the average amount on hand during the preceding year, 
but the amount so assessed shall in no case be less than the 
capital actually employed in the business, and this shall include 
all goods, wares and merchandise kept on plantations, or else¬ 
where, or by railroad companies or manufacturing companies, 
or other associations, companies, or persons for sale or to be 
dealt out to laborers or employees for profit or on account of 
their wages, and shall include all goods, wares, and merchandise 
offered for sale by any person commencing business subse¬ 
quently to the first day of October of a current year, but in 
such case the tax shall be apportioned according to the date at 
which the business shall be commenced, so that if commenced 
after the first day of January, the tax shall be three-fourths of 
the tax for the whole year; if commenced after the first day of 
April, the tax shall be one-half of the tax for the whole year, 
provided that the assessment herein provided for shall not in¬ 
clude products raised on the farms in hands of the original 
producers. If the person, association or corporation carrying 
on such business shall fail to make return of the amount of stock 
as provided by law, or if the county board of equalization is 
not satisfied with the return made, in order to make proper 
assessment, it shall have a right to demand a copy of the last 
inventory made of such stock of goods, and may also by inquiry 



391 


of persons believed to have knowledge of the subjects, obtain 
information as to the probable average amount of such stock, 
and from such information may assess the same upon its best 
judgment. 

5. All household furniture, libraries, jewelry, plate and 
silverware, ornaments and articles of taste, pianos, and other 
musical instruments, paintings, clocks, gold, silver and other 
watches and gold and other safety chains; all wagons and 
other vehicles; all motor cars, automobiles and bicycles; all 
typewriters, all cash registers, all phonographs, and all ma¬ 
chines of like character; all iron safes, all store fixtures, all 
office furniture and fixtures; all mechanical tools and farming 
implements; all dirk and bowie knives, swords, canes, pistols 
and guns; all cattle, horses, mules, studs, jacks and jennets; 
all hogs, sheep and goats. 

6. All money loaned or employed in the business of ad¬ 
vancing or lending on any kind of chattels, choses in action or 
personal property, or used in buying or discounting notes, 
bonds or bills of exchange; all money hoarded, whether in the 
custody of the owner in this State, or in another State, or in 
any safety deposit box, safe or vault, or elsewhere, except 
money on deposit in banks, and also except money secured bv 
mortgage on which the mortgage tax has been paid. 

7. All investments in bonds, except bonds of the United 
States, the State of Alabama, and of the counties and munici¬ 
palities of this State, and such other bonds as are not by law 
taxable; but all capital invested in bonds or currency which 
are exempt from taxation shall be liable to be taxed under this 
section, should such capital at any time during the year, be 
reconverted into money, bonds or property which is taxable, 
unless it is made to appear that the money, bonds or property 
into which such reconversion may be made has been assessed 
for taxes for such year. 

8. The roadbed, track and other property, real and per¬ 
sonal, of railroads, and all tram roads, pole roads, canals, 
ditches and channels used for transporting lumber, timber, 
logs or other valuable commodities of commerce, which are not 
taxed as improvements on the land or plant, or main property 
of the owner of such tramroads, pole roads, canals, ditches or 
channels. 

9. All dividends declared or earned, and not divided by 
corporations doing business in this State. Shares of stock in 
companies or associations not incorporated under the laws of 
this State, except stock in national banks. 



392 


10. On the gross amount of sales at auction made in or dur¬ 
ing the tax year preceding the assessment of goods, wares and 
merchandise owned by non-residents, each auctioneer shall be 
assessed and shall pay a tax of one-fourth of one per cent; and 
a like tax on all sales made by him of property owned by citi¬ 
zens of this State, which have been imported into this State, and 
sold at auction before the same has been assessed for taxes as 
other property; but on sales of goods, wares and merchandise 
and fruits by cargo, the rate of taxation shall be one-eighth of 
one per cent. 

11. On the gross amount of commissions, or sums charged 
and received during each tax year, by any factor, broker, com¬ 
mission merchant, auctioneer, or dealer in any other kind of 
property in buying or selling, or for any other act in the course 
of their business, and for a commission or compensation by 
bale, sack, packages, articles or otherwise. 

12. All real and personal property of water companies, in¬ 
cluding the pumping stations, reservoirs, stand-pipes, towers, 
pipe lines, gates, valves, tunnels, canals, and dams used in the 
business of supplying water to consumers for pay; all real and 
personal property of electric light and power and gas light com¬ 
panies, including all machinery, engines, dynamos, wires, poles, 
pipe lines and appliances of every nature and description used 
in connection therewith; all the real and personal property of 
every furnace, rolling mill, mine, quarry or manufacturing 
establishment, including all machinery, engines, and appliances 
of every nature used in the business; all dams across rivers and 
creeks. All real and personal property of cotton gins, cotton 
compresses, cotton seed oil mills, grain elevators, flour and grist 
mills. 

13. All other property, real, personal and mixed not herein¬ 
before specified. 

14. All property brought into the State after the first day 
of October, and before the assessor has completed his assess¬ 
ment, except property that may be brought into the State by a 
bona fide citizen of the State, purchased with money held on 
the first day of October, which money has been assessed for 
taxation that year, shall be subject to taxation the same as if it 
had been held or owned in the State on the first day of October. 

Sec. 8. All taxes, unless otherwise directed, shall become 
due and payable on the first day of October in each year, and 
shall become delinquent if not paid before the first day of 
January succeeding, except in cases when parties are about to 
remove from the county. 



393 


Sec. 9. All taxable property within this State shall be as¬ 
sessed for the purpose of taxation at sixty per cent of its fair 
and reasonable cash value. 

Sec. 10. From and after the first day of October of each 
year the State shall have a prior lien upon each and every 
piece or parcel of property, real or personal, for the payment 
of taxes, which may be assessed against the owner, or upon 
such property, during that year, for the use of the State; and 
the county shall have a lien thereon for the payment of the 
taxes which may be assessed against such owner, or upon such 
property during that year for the use of the county, and if such 
property is within the limits of a municipal corporation, such 
municipal corporation shall have a lien thereon for the pay¬ 
ment of taxes which may be assessed against such owner or such 
property during that year for the use of the municipality, and 
these liens shall exist in the order named as to all lands bid in 
by the State at tax sales for the annual taxes thereafter assessed 
on the value of the property so purchased in the event of tax 
title failing. 


TAXATION OF BANKS. 

Sec. 11. Any unincorporated bank, private bank, or insti¬ 
tution doing a banking business that is not incorporated, shall 
be assessed at sixty per cent, of its fair and reasonable cash value. 
For the purpose of aiding in determining the amount of such 
assessment, the owner, president, cashier or manager of such 
bank shall under oath file with the tax assessor a statement 
showing the capital of said bank, its surplus, undivided prof¬ 
its, not included in the surplus, and all real estate owned by 
said bank and situated in the State, with a description of the 
same and the value of such real estate, and the name of the 
person or the names of the persons who own said bank, what 
interest or interests in said bank have been sold during the past 
twelve months, the price of the same, the names of the sellers 
and purchasers, the annual dividends declared by such bank 
for the last three years, and the amount of the capital, surplus 
and the undivided profits not included in the surplus. The 
county board of equalization may examine any person with 
reference to the matters mentioned in said affidavit. From all 
sources of information herein provided for, and from any other 
information that may be obtained, the county board of equaliza¬ 
tion shall determine the amount of such capital, surplus, undi¬ 
vided profits not included in the surplus, and the value of the 



394 


real estate of such bank. From the amount of the sum of the 
capital, surplus and undivided profits not included in the sur¬ 
plus so determined, the county board of equalization shall de¬ 
duct the value of the real estate of said bank. The bank shall 
pay a tax on the real estate, and on the residue of all its capital 
as above determined. 

Sec. 12. Every share of any incorporated bank or banking 
association incorporated under the laws of this State, or any 
other State, or of the United States, shall be assessed for taxa¬ 
tion in the county, and in the city or town where such bank is 
located, at sixty per cent of its fair and reasonable cash value. 
For the purpose of determining the value of such shares, the 
president or managing officer of such bank, or banking asso¬ 
ciation, shall make out and return under oath to the assessor 
of the county in which such bank is located, a list showing the 
total number of shares of capital stock of such bank, the name 
and address of every shareholder so far as known, the fair and 
reasonable cash value of such shares, and the par value thereof, 
what sales of stock have been made during the last twelve 
months, with the names of the sellers and buyers thereof, and 
the price paid for the same, the annual dividend declared upon 
the stock for the last three years, the value of the shares as 
shown by the books of the bank, and by the last report of the 
officers to the shareholders, the amount of the surplus, and the 
amount of the undivided profits not included in the surplus, and 
such president or managing officer shall at the same time in the 
manner required by law, return to the assessor a statement of 
all real estate and improvements thereon, and furniture and 
fixtures owned by the bank situated in this State and liable for 
taxation. The value of the shares of such bank for taxation 
shall be fixed by the county board of equalization, and said 
board shall, in fixing such value, deduct from the total value of 
the shares, the reasonable cash value of the real estate and im¬ 
provements thereon, and furniture and fixtures belonging to 
such bank and assessed for taxation, and sixty per cent of the 
residue after such deduction shall be the assessed value of such 
shares, and such residue divided by the whole number of shares 
issued shall constitute the assessed value of each share for taxa¬ 
tion. It is the intent and meaning of this section that the 
real estate of every such bank shall be assessed for taxation 
against the bank as other real estate in this State is assessed 
to the owners thereof, and that the bank shall pay the taxes 
thereon, and that the shares shall be assessed for taxation 
against the shareholders at sixty per cent, of their fair and 



395 


reasonable cash value as above determined, after deducting 
therefrom the reasonable cash value of the real estate and im¬ 
provements thereon, and furniture and fixtures of the bank, and 
that the bank shall pay for the shareholders respectively the 
tax so assessed against their shares. In arriving at the fair and 
reasonable cash value of the shares, there must be considered 
everything which gives them value, such as franchise, capital 
stock and assets of the bank, the real and personal property, the 
reserve fund and surplus, the undivided profits not included in 
the surplus, and all other interests of the shareholders that 
would pass to a purchaser on a transfer of his stock, and except 
as herein expressly provided, no separate tax shall be levied 
upon these elements of value, or any of them. It shall be no 
ground of objection to such assessment of shares that it is en¬ 
tered upon the assessment book in the corporate name of the 
bank. 

Sec. 13. Where any incorporated bank has one or more 
branches, the president or managing officer in making out the 
statement required in the preceding section, shall in addition 
thereto furnish the tax assessor with a statement of the different 
locations of the branches of said bank and names of the counties 
and towns where situated. Any incorporated bank having one 
or more branches shall pay taxes on the real estate and im¬ 
provements thereon, and furniture and fixtures in the county, 
city or town where such real estate, furniture and fixtures are 
situated. The total value of the shares of such bank for State, 
county, school district and municipal taxation shall be as fixed 
and determined by the proper legal authorities in the county 
of its principal place of business, and when the total value of 
such shares has been so determined, it shall be the duty of the 
tax assessor of said county to certify to the tax assessor of each 
county wherein a branch is located, the assessed value of 
the shares of such bank to be assessed for taxation in each place 
where said branch is located, but the amount of such assess¬ 
ment shall be ascertained by dividing the total value of such 
shares by the whole number of places where said bank does busi¬ 
ness, or maintains branches, it being the true intent and purpose 
of this section, that in each county and in each school district, 
and in each municipality where a branch bank is located, the 
real estate and improvement thereon, and furniture and fixtures 
located therein, and an equal proportion of said shares based 
upon the whole number of places where said bank does business, 
shall be assessed therein, and taxes collected therein on such 
property and proportion of shares. 



396 


TAXATION OF CORPORATIONS. 

Sec. 14. Every share of any corporation, except banks or 
banking associations, and building and loan associations, shall 
be assessed and the taxes thereon collected in the county where¬ 
in such corporation has its home or chief office in the State, and 
shall be assessed at sixty per cent, of its reasonable cash value 
to the person in whose name such shares stand on the books of 
the corporation, and not to the corporation. The president or 
managing officer of every such corporation shall make out and 
return under oath to the assessor of the county in which the chief 
or home office of the corporation is located," a list showing the 
total number of such shares of capital stock of such corpora¬ 
tion, and the par value thereof, and the full name and residence 
of each shareholder as far as known, the actual market value 
of such shares and the par value thereof, the date of the last 
sale of stock in such corporation, with the name of the seller, 
and the purchaser and the price paid for the same, and the an¬ 
nual dividend declared on the stock of such corporation for the 
last three years, the value of the shares as shown bv the books 
of the corporation, and by the last report of the officers 
to the shareholders, the amount of the surplus, and the 
amount of the undivided profits not included in the sur¬ 
plus, and such president or managing officer shall at the 
same time return to the assessor a sworn statement of all 
taxable property, real and personal, owned by such cor¬ 
poration, situated in the State, and the county board of equali¬ 
zation after passing upon such return shall deduct from the 
total value of the shares the reasonable cash value of the real 
and personal-property of the corporation, and sixtv per cent, 
of the residue of values remaining after such deduction shall 
be the assessed value of the whole of such shares, and such sixty 
per cent, of the residue divided by the whole number of shares, 
shall constitue the value of each share for taxation, and the 
corporation shall pay for the shareholders the tax assessed 
against his shares, and the amount so paid for any shareholder 
shall be a lien on any interest which such shareholder may 
have in any property owned by the corporation. If the aggra 
gate value of the shares does not exceed the aggregate value of 
the real and personal property of the corporation as returned 
for taxation, then no tax shall be demanded or collected on the 
shares, and no other deduction shall be made from the aggre¬ 
gate amount or sum at which the real and personal property 
of the corporation is returned for taxation than is herein speci- 



397 


fically provided for. It shall be no ground for objection to 
such assessment of shares that the same is entered upon the 
assessment books in the name of the corporation. In arriving 
at the value of the shares of stock of a corporation organized 
under the laws of Alabama for the purpose of conducting an 
insurance business, there shall be deducted from the value of 
such shares, in addition to the assessed value of its property, the 
amount of its bond of the State of Alabama, or any county or 
municipality thereof, and of the United States, held by such 
insurance corporation at the time of such assessment, which 
said bonds were held during all the six months preceding such 
assessment; provided no shareholder of any corporation which 
pays a tax on its franchise or intangible property shall be liable 
to the taxes specified in this section as to the same property. 
Provided that any corporation within the provisions of this 
section shall be entitled for the purpose of arriving at the value 
of the shares for taxation to have deducted from the value of 
its said shares as returned, the assessed value of property owned 
by said corporation in other states or countries on the next 
preceding first day of October. And the tax assessor or board 
of equalization making assessment of the property of such cor¬ 
poration shall have the right to demand and receive of said cor¬ 
poration a certified copv of the assessment of any property 
outside the State of Alabama sought to be deducted as above 
provided. 

Sec. 15. If a corporation, by endorsement on its tax as¬ 
sessment or otherwise in writing, shall agree to pay the taxes, 
if any, assessed on the shares for the shareholders, it need not 
file a list of such shareholders. 

FRANCHISE TAX OF CORPORATIONS. 

Sec. 16. Every corporation organized under the laws of 
this State, except strictly benevolent, educational or religious 
corporations, or banks or banking institutions, or building and 
loan associations regularly organized under the laws of this 
State, or any other state, shall pay annually to the State 
an annual franchise tax of forty cents on each one thou¬ 
sand dollars of its paid up capital stock. Every corpora¬ 
tion organized under the laws of any other state, nation 
or territory and doing business in this State, except strict¬ 
ly benevolent, educational or religious corporations, or banks 
or banking institutions, or building and loan associations, 
shall pay annually to the State an annual franchise tax 
of forty cents on "each one thousand dollars on the amount 



398 


of capita! actually employed in this State. Subdivision 
l. The president or any executive officer or the secretary of 
every corporation subject to a franchise tax under this section, 
shall make a written statement under oath to the probate judge 
S ^ m ^, e name of the corporation, the State or countrv 
S ihL oiff® ^incorporated, its principal place of business 
in this State; if a domestic corporation, the amount of its capi¬ 
tal stock; if a foreign corporation, the actual amount of capital 
employed m this State; if it is a corporation at the time of the 
statement authorized to do business in this State; or the actual 
amount of capital it is proposed shall be employed in this State, 
if it is a corporation not then qualified to do business in this 
State Subdivision 2. The judge of probate with whom any 
such statement is filed may summon before him anv of the 
officers of the corporation, or any other witness, and swear 
and .examine them, and inspect any of the books, papers, or 
documents of the corporation, and for that purpose may compel 
the production as courts of equity might do; and if he is satisfied 
from the evidence thus obtained that the amount of the capital of 
the corporation is less than stated, and in the case of a forei-n 
corporation than the amount of capital actually employed or 
to be employed, as the case may be, in this State is placed' in the 
statement at a less amount than it should be, he shall demand 
payment of tax upon the amount of capital which he finds is 
actually employed or to be employed in this State. Subdivision 
3. Either the State or the corporation may appeal from the 
finding of the probate judge to the circuit court in the same 
manner as may be done when any court of county commissioners 
passes upon a contested assessment of property for taxation 
and the proceeding subsequent to the appeal shall be the same 
as in such cases. Subdivision 4. No foreign corporation re- 
qinred to pay- a tax under this article shall do any business in 
the State of Alabama not constituting interstate commerce or 
maintain or demand any action in any of the courts of this 
State upon a contract made in this State other than contracts 
based upon interstate commerce, unless such corporation 
shall have paid such tax within sixty days after the same 
became due. Subdivision 5. The payment of the franchise 
tax required by this article in any one county shall be 
sufficient, notwithstanding the said corporation may do busi¬ 
ness or have a resident agent in more than one county. Sub¬ 
division 6. The payment of the franchise tax required bv this 
article shall not exempt any corporation paying the same" from 



399 


the payment of the regular license or privilege tax specified or 
required for engaging in or carrying on any business for 
the engaging in or carrying on of which a license is re¬ 
quired of individuals, firms, or corporations. Subdivision 7. 
In addition to the amount of franchise tax required by this sec¬ 
tion to be paid to the State, the courts of county commission¬ 
ers or other courts of like jurisdiction may at any regular or 
special term levy a county franchise tax in such amount not 
exceeding fifty per cent, of the State franchise tax, for county 
purposes as in its judgment may be necessary; provided, that 
payment in one county only shall be required. Subdivision 8. 
In ascertaining the amount of the annual franchise tax whic 
shall be paid by any foreign corporation doing business in this 
State under this section, there shall be deducted from the 
amount of the capital employed by such corporation in this 
State the aggregate amount of loans of money made by such 
corporations in this State, and which shall be secured bv exist- 
ing mortgage or mortgages to it on real estate in this State, 
and upon which mortgages there shall have been paid the re- 
cording privilege tax provided by law. 


POLL TAX. 

Sec 17. There may be collected as hereinafter provided, 
from every male inhabitant in this State, over the age of twenty- 
one years and under the age of forty-five years, not exempt by 
law, the sum of one dollar and fifty cents as poll tax which 
shall be applied exclusively in aid of the public school fund m 
the counties in which it is levied and collected. 

Sec. 18. The State auditor, with the approval of the Gov¬ 
ernor, shall prepare and have printed suitable forms of poll 
tax receipts, with appropriate blank for name and year for 
which paid and date of payment, and before the first day of 
October in each year shall furnish to the several tax collectors 
blank receipts countersigned by him, sufficient for the probable 
wants of their respective counties, taking their receipts for the 
same. Each blank receipt for such poll tax shall have a dupli¬ 
cate attached thereto, on which shall be printed such matter 
as the auditor may prescribe; the number of such receipts and 
appropriate blank spaces to be filled in by the tax collector, 
showing by whom paid, and when and for what year, and shall 
take and file in his office a proper receipt from the tax collector 
for the poll tax receipts so furnished him. 



400 


See. 19. U pon the payment to him by any.such person of 
.such poll tax as such person shall offer to pay, the tax collector 
shall before detaching- said receipt from the stub, fill up the 
blank spaces in the stub to correspond in all respects with the 
receipts as given by him to such tax payer, and sign his name to 
such receipt. 

Sec. 20. The tax collector shall by the 15th day of February 
return to the auditor all unused receipts and stubs so delivered 
° i° r acc 5 )Unt the State auditor for all unused receipts 
and stubs, and shall also return to the auditor the stubs of all 
receipts issued by him; after the State auditor shall have 
c ie collector with all poll taxes collected by him and 

checked the same as shown by the said stubs, he shall return said 
stub books to the judge of probate of such county in which said 
poll taxes were collected for record and file in his office. 

Sec. 21. After the first day of February, and before the 
rs ay of the next October, the tax collector shall have no 
autnonty to receive or receipt for poll taxes due by any per- 


Sec. 22. During the months of February or March in each 
year the tax collector of each county shall prepare and on or 
before the first day of April following shall file, in the office of 
the judge of probate of their respective counties an alphabetical 
list by beats, containing the names of all persons in said coun- 
ty, respectively, who have, on or before the first day of Febru- 
ary of the current year, paid a poll tax. Said names shall be 
entered in a suitable book for that purpose provided at the 
expense of the county. 

Sec. 23. For the service required in the preceding section, 
when performed, the several tax collectors shall be entitled to 
the sum of two and one-half cents for each name so entered, to 
be paid out of the general fund of their respective counties on 
the warrant of the judge of probate. 


THE TAX ASSESSOR AND LISTING OF PROPERTY FOR 

TAXATION. 

Sec. 24. There shall be elected, at the time, in the manner, 
and for the term provided by law, a tax assessor for each 
county in the State, who shall perform such duties as are or 
may be prescribed by law, and whose term of office shall begin 
on the first day of October next after his election. The term 



401 


of office of tax assessors now holding office shall be extended to 
said date. 

Sec. 25. Before entering upon the discharge of the duties 
of his office, the tax assessor must execute in duplicate a bond 
in the sum of two thousand dollars in counties haying a popula¬ 
tion of less than fifty thousand. In counties having more than 
fifty thousand population, the amount of such bond shall be 
five thousand dollars. Such bonds shall be payable to the State 
of Alabama, with sufficient sureties, to be approved by the 
judge of probate of the county, and conditioned faithfully to 
discharge the duties of his office which are, or may be, required 
by law during the time he continues therein, or discharges any 
of the duties thereof. One of such duplicates must be filed and 
recorded in the office of the judge of probate, and the other 
must be filed in the office of the State auditor, on or before Sep¬ 
tember first next after his election. 

Sec. 26. He shall also, before entering upon the discharge 
of the duties of his office, file in the office of the judge of 
probate of his county an oath in writing that he will faithfully 
and diligently discharge all the duties which are, or may be 
imposed upon him by law, and such oath must also be recorded. 

Sec. 27. The tax assessor shall be entitled to receive from the 
tax collector out of the first money collected for the State, giv¬ 
ing him duplicate receipts therefor, one of which receipts shall 
be forwarded to the State auditor by the tax collector, the 
following commissions on the State taxes, whether general or 
special, assessed by him (but not on each separately), to-wit: 

In counties where the State taxes assessed do not exceed 
twelve thousand dollars, the rate of commission shall be eight 
per cent, on the first thousand, four per cent, on the second 
thousand, and two per cent, on the remainder. In counties 
where the State taxes assessed exceed twelve thousand dollars, 
the commission shall be the same up to twelve thousand dol¬ 
lars, and on all above twelve thousand dollars, one and one- 
half per cent, up to sixty thousand dollars, and one per cent, 
on the remainder. He shall also be entitled to receive from the 
tax collector the same rate of commission on the amount of 
county taxes, whether general or special (but not on each sepa¬ 
rately), regularly assessed, carried up or extended on the as¬ 
sessment book, giving duplicate receipts to the tax collector for 
all amounts so paid him. He shall receive five per cent, of the 
amount of general State taxes upon property assessed by him 
which has escaped taxation in the previous year, such previous 
assessment not having been made while he was tax assessor. 



402 


Provided, that after the expiration of the present terms of tax 
assessors, no commission shall be allowed or received on any 
assessments of any local or special county school taxes. 

Sec. 28. He shall not receive commissions on errors made 
in assessments, on abatements or deductions from assessments 
allowed to the tax payer, nor shall he, after the abstract book 
has been turned over to the tax collector, receive commissions 
on any assessment to which an objection by the tax payer, regu¬ 
larly entered, may then be pending, until such objection has 
been disposed of and the proper assessment ascertained and 
determined. 

Sec. 29. For making the demand on the tax payer for his 
list of property to be returned, and for each return of property 
to “owner unknown,” to be charged to the tax payer or property 
assessed, and collected with the taxes, the assessor shall be 
entitled to fifty cents, to be entered upon the return and the 
assessment. But the assessor shall be entitled to only one 
demand fee against each tax payer. For serving each subpoena 
for State witnesses or notice issued by order of the county board 
of equalization, the tax assessor shall be entitled to receive 
twenty-five cents, to be taxed against the tax payer and collected 
with the taxes, if the case made against such tax payer be sus¬ 
tained, otherwise he shall receive no fees for the service of such 
subpoena. 

Sec. 30. The tax assessor is authorized to appoint deputies, 
and the acts of such deputies shall be recognized as his acts, 
and he shall be responsible for any loss sustained by any tax 
payrr, or by the State or county, by reason of any unlawful act 
done by any such deputies. Such deputies shall receive no com¬ 
pensation for their services out of the State or county revenue. 

Sec. 31. It is the duty of the assessor to have printed, at 
the expense of the county, a sufficient number of assessment 
blanks in the form prepared and furnished by the State board 
of equalization, and upon request of any tax payer, the assessor 
shall furnish him with a copy or copies for the use of such tax 
payer in listing his property for taxation. Said blank when 
filled out and returned to the tax assessor shall be known as the 
“tax return.” Upon demand of any person making a return of 
property for taxation, the assessor shall furnish him with a 
copy of such return. 

Sec. 32. The return and listing of property for taxation by 
the tax assessor must commence on the .first day of October 
in every year, and shall be finished by him by the first day 
of January following; but the assessor may be allowed until 



403 


the first Monday in February in each year to make a supple* 
mental return or list of property which he may have failed to 
have returned or listed prior to the first day of January, and 
such supplemental return must be entered as any other return, 
and shall be embraced in the abstracts made for the auditor 
and collector. The assessor shall also receive and file the 
awards of all arbitrators in the arbitration of differences be¬ 
tween tax payers and county boards of equalization, and shall 
endorse such awards upon the return of the owner of the 
property in question. 

Sec. 33. Between the first day of October and the first day 
of January of each year the tax assessor shall, in all counties 
having a population of one hundred thousand, or less, visit each 
voting place in each precinct for the purpose of listing property 
for taxation, and he shall remain there one day from eight 
o’clock A. M. until four o’clock P. M. In towns, other than 
county seats, of five thousand inhabitants, or more, he shall 
remain at the place of appointment for one week, either by 
himself or deputy; in towns of five hundred inhabitants he 
shall remain two days; in places of one thousand inhabitants, 
and not over five thousand, he shall remain at the place of ap¬ 
pointment for three days, either by himself or deputy. The 
assessor shall give at least ten days’ notice by advertisement 
in a newspaper, if there be one published in the county, and by 
bill posted at five or more public places in each election precinct 
of the time when and the place where he will attend to receive 
the tax returns. Upon the failure of the tax assessor to give 
the notice required by this section, or to attend any appoint¬ 
ment made by him in any precinct, he shall, after legal notice, 
fill new appointments, or forfeit all claims to fees from such 
persons in such precinct as were disappointed by his non- 
attendance. In all counties having fifty thousand inhabitants, 
or more, he shall keep his office open at the court house all the 
year round, and in all other counties, he shall keep his office 
open at the court house from the first day of October until the 
first day of May following, provided that the court of county 
commissioners, or other court of like jurisdiction, may by order 
duly entered on its minutes, as other orders and decrees of the 
court are entered, relieve the tax assessor from making the 
visits to each voting place in each precinct as above provided, 
when in the opinion of the majority of the court it is deemed 
advisable. 

Sec. 34. It is the duty of every person liable to taxation 
in each election precinct to attend in person before the assessor. 



404 


on the first day of the appointment, in the precinct of the tax 
payer’s residence, and then and there render to the assessor, 
under oath, a fall and complete list of all the property of which 
he was the owner, or in which he had any interest whatever, or 
of which he was trustees or agent, on the first day of October 
of that year. 

Sec. 35. When a tax payer resides out of the county, or by 
reason of any infirmity or disability, is unable to attend the 
appointments of the assessor, or is a woman, such tax payer 
may send in his or her list, duly sworn to, by another person, or 
by mail, postage prepaid, or such list may be rendered by an 
agent having knowledge of his or her taxable property. Any 
person who knowingly subscribes to a list of property which is 
false is guilty of perjury. 

Sec. 36. The assessor, or his deputy or other officer admin¬ 
istering the oath to the tax payer must orally administer the 
following oath to every tax payer before making his returns: 

“You do solemnly swear that you will true answers make 
to all lawful questions which may be put to you touching the 
returns you are about to make, and that you will make a 
full and complete return of all the property owned by you, or in 
which you had any interest whatever, or of which you were trus¬ 
tee or agent on the first day of October of the present tax year, 
and that you will make a full, complete and true statement of 
the amount of fire insurance thereon, and this return is made 
upon your personal knowledge so help you God.” 

Which oath shall be signed by the tax payer making his 
return, his agent or attorney, as the case may be. 

Sec. 37. After administering the foregoing oath, the asses¬ 
sor, his deputy or other officer shall particularly inquire 
of the said tax payer as to the items of property and 
subjects of taxation owned by said tax payer, and for 
which he is liable to be taxed, and property exempt from 
taxation, in order that he may elicit from such tax payer 
a complete statement of the whole amount and specified 
items of property, and subjects of taxation with which he should 
be charged for purposes of assessment and taxation, and the 
same shall be entered upon the proper blank, and the tax asses¬ 
sor, his deputy or other officer administering the oath, shall 
require the tax payer to give an estimate of the value 
of each items of personal property for the information of the 
board of equalization, and the tax payer shall in making his 
returns state how much fire insurance he carries upon the im¬ 
provements on his real estate, and how much fire insurance he 
carries on his personal property, but nothing in this act shall be 



405 


construed as requiring the tax payer to make oath as to the 
value of the property. Each tax payer shall give to the assessor 
his occupation and postoffice address. 

Sec. 38. The description of real estate may be as follows: 

1. If it is an entire section, it may he described by the 
number of the section, township and range. 2. If it is a sub¬ 
division of a section, authorized by the United States for the 
sale of public lands, it may be described by a designation of 
such subdivision, with the number of the section, township and 
range. 3. If it is less, or other than such subdivision, it may be 
described by metes and bounds, or in some way by which it 
may be known. 4. If it is in a city, town or village, surveyed and 
laid off, and a plat thereof is recorded in the office of the judge 
of probate of the county, or if a plat is accessible, and if it is as a 
whole lot or block it shall be described by the designation of the 
number thereof, and if it is in a part of a whole lot or block, it 
may be described by metes and bounds, or in some other way by 
which it may be known, and it shall not be necessary to insert 
the quantity of such land in the assessment. 5. If it is a tract 
of which the subdivision is not known to the assessor, it may be 
described by metes and bounds, or in some other way by w'hich 
it may be known or identified. 6. It shall be sufficient to 
describe lands to be assessed or sold for taxes by initials, ab¬ 
breviations and figures. 7. Mineral and timber interests, when 
they have been severed in ownership from the soil by sale, or 
otherwise, shall be separately returned for assessment. 8. If 
the surface right only is assessed for taxation, the description 
of the land may be preceded or followed by the letters S. R., and 
if the mineral interest only is assessed, the description of the 
land may be preceded or followed by the letters M. R. 

Sec. 39. The property of every minor should be listed by 
his guardian, if he has one; if he has no guardian, by his father, 
if living; if the father is dead, by his mother, if living. If the 
mother is also dead, or is married, by the person having it in 
charge; of the wife, by the husband, if living and sane, and the 
parties reside together; if the husband is dead or insane, or he 
is not living with his wife, by the wife; of any person for whose 
benefit property is held in trust, by the trustee; of every de¬ 
ceased person, by the executor or administrator; of those whose 
property is in the hands of receivers, by such receivers; of every 
firm, or body corporate or politic, by the partner, president, 
principal officer, or agent thereof; property in the hands or 
custody of any public officer or appointee of a court, by such 
officer or appointee; of those absent or unknown, by their 



406 


agents; or by the person having it in charge; of insane or idiotic 
persons of full age, by their guardians, if they have any; if they 
have no guardian, by the person having it in charge; of the les¬ 
sors of real property, by such lessors; and all persons herein 
required to list property for others shall list it separately from 
their own, and in the name of the owner thereof. 

Sec. 40. After the thirty-first day of December in each year, 
the assessor shall in person, or by deputy, make a demand upon 
all tax payers who have failed to make returns to him, for a 
list of their taxable property, and such demand may be made 
by written notice left with the tax payer at his residence or 
place of business, or sent postpaid by registered mail with 
return receipt demanded to the tax payer’s last known 
place of residence, and it shall be the duty of such 
tax payer to return such lists to the assessor by the first Mon¬ 
day in February following. For making this demand, the tax 
assessor shall be entitled to a fee of fifty cents to be paid by the 
tax payer, which shall be added to his tax list, and collected 
with the tax. 

Sec. 41. Every person of full age and sound mind, and 
every firm and body corporate or rpolitic, shall, when legally 
called on by the assessor forthwith make him a full, true and 
distinct statement of all the real and personal property, with a 
correct description thereof, of which he is the owner or holder, 
individually or as guardian, parent, husband, trustee, adminis¬ 
trator, executor, receiver, accounting officer, partner, agent, or 
factor, and including all moneys hoarded, held or owned on the 
first day of October of the current tax year, except moneys on 
deposit in bank, and except as herein otherwise prescribed. 

Sec. 42. It shall be a misdemeanor for any tax payer, or 
attorney or agent of any tax payer having authority to make 
tax returns, to fail, neglect, or refuse on demand of the tax asses¬ 
sor to fill out or have filled out the schedule or list herein pro¬ 
vided for, or to fail to give the information herein provided for, 
or to fail, refuse or neglect to take and subscribe to the oath 
or affirmation required to such tax schedules, or to fail to 
return the same to the assessor as prescribed by law. 

Sec. 43. When any person, or any company, corporation 
or association, existing under the laws of this State, or under 
the laws of any other State or county doing business in this 
State is required to make to the assessor returns of the gross 
or net receipts, premiums or commissions of such business, and 
such returns are not made within the time required by law, 
but shall remain in default for the space of ten days thereafter, 



407 


the assessor, after notice to the party required to make such 
returns, or if he is absent from the county, without notice, shall 
upon the best information which he can obtain list and make 
up such returns upon the proper blank describing the property 
to be asessed, as other items of property are described, noting 
thereon the failure of the owner after notice to make such 
return, and the accrual of a penalty of ten per cent, of the 
value to be assessed thereon. 

Sec. 44. Such lists of property returned for taxation shall 
be, by the assessor, delivered to the county board of equaliza¬ 
tion not later than the second Monday in January, and all sup¬ 
plemental returns shall be delivered to the said board from time 
to time, as rapidly as is practicable, but in no event later than 
the third Monday in February, and all other returns as soon 
thereafter as is practicable. 

Sec. 45. Having failed to procure upon verbal or written 
demand, from any delinquent his list of taxable prop¬ 
erty, before the first Monday in February, the assessor 
shall ascertain from inquiry, or otherwise, the property and 
other subjects of taxation upon which such person is liable to 
be taxed, and shall list and make return thereof upon the proper 
blank, and note on such return the failure of the owner after 
notice to make such return, and the accrual of a penalty of ten 
per cent, of the value to be assessed thereon, and deliver the same 
with other returns to the county board of equalization. 

Sec. 46. Whenever the assessor shall discover that any 
property has escaped taxation in any assessment within five 
years next preceding, he shall list and return said property for 
taxation for the years during which the same has so escaped, 
and shall also endorse on such return the year or years for 
which the property has escaped taxation, and the accrual of a 
penalty of ten per cent, of the value to be assessed for one year, 
and deliver the same with other returns to the county board 
of equalization. 

Sec. 47. No penalties assessed against any property owner 
or his property, for failure to return property for taxation shall 
be remitted except by order of the county board of equalization, 
upon proof that the delinquent taxpayer was absent from the 
State, and had no resident agent therein during the time for 
making returns of property for taxation, or when such tax payer 
labors under disabilities of minority, or is a lunatic, or upon 
proof made that he was unable by reason of sickness to make 
returns in the time required by law. 



408 


Sec. 48. It shall be the duty of the judges of probate, reg¬ 
isters in chancery and the clerks of the circuit court and city 
courts, or the clerks of other courts of record in this State, to 
notify the tax assessor of each county of the appointment of 
every administrator, executor, guardian, trustee, accounting 
officer or receiver within five days after such appointment. 

Sec. 49. Whenever the tax assessor knows or learns of any 
property subject to taxation in his county, the owner of which 
he does not know, and which is not embraced in any return 
made to him prior to the first Monday of February by any tax¬ 
payer, he shall list and make up on the proper blank a return 
describing said property according to the best information he 
can obtain, and list the same to “owner unknown,” and in any 
notice or advertisement or motion for a decree of sale, it shall 
be described as so returned, and he shall also note the failure of 
the owner to make such return, and also shall note the accrual 
of a penalty of ten per cent of the value to be assessed thereon, 
and deliver the same with other returns to the county board of 
equalization. No lands shall be returned to “owner unknown” 
until the assessor shall have made a demand upon the person, if 
resident in the county, or by registered mail, if a non-resident, 
whose address is known, to whom such lands or property w r ere 
last assessed, in the event said lands or property have been 
assessed, and the said assessors shall make diligent inquiry to 
ascertain the name of the owner of said lands or other property. 
Any assessor or deputy assessor who fails to comply with the re¬ 
quirements of this section shall be guilty of a misdemeanor. 

Sec. 50. The assessor shall he entitled to the same fees for 
making returns of property which has escaped taxation 'as for 
making returns of property after a demand made by him on the 
tax payer. In case of lands lying in one body other than lands 
platted and subdivided into lots, the return shall be made on 
said lands as a whole, unless the assessor has reason to believe 
that they belong to different owners, in which case when lands 
lying in one body and supposed to belong to the same owner, 
must be included in one return, and no fee shall be allowed the 
assessor for any return made in disregard of this provision, but 
the assessment of any such property thereafter made shall not 
for that reason be invalid. 

Sec. 51. The assessor must make and enter in an assess¬ 
ment book suitably ruled and substantially bound, a condensed 
statement of all assessments made during each tax year, showing 
in separate columns the name of the owner, a description of the 
real estate, the assessed value thereof, the value of the personal 



409 


property assessed for taxation, and the assessor shall compute 
and enter opposite the name of each tax payer the aggregate 
amount of State, county and special taxes with which such tax 
payer is charged. When the county board of equalization has 
completed its hearing of objections to assessments and the 
boards of arbitration have made their award, the tax assessor 
shall complete the said book by making the proper entries 
therein, and foot up at the bottom of each page the aggregate 
amount of such taxes and carry his footings from page to page 
and show in conclusion the aggregate of all such taxes. Pro¬ 
vided that in all counties which may now have, or which may 
hereafter have property, the assessed valuation of which 
amounts to one hundred million dollars, the assessor shall not 
be required to prepare a book of assessments as provided for in 
this section, but in lieu thereof shall be required to arrange in 
alphabetical order original assessment lists, and cause the same 
to be permanently bound, and such assessment lists, when 
bound shall constitute the book of assessments as herein pro¬ 
vided, and the certificate of the chairman of the county board of 
equalization provided for in the next section, shall be entered 
upon each of said bound volumes of assessments. Such assess¬ 
ment lists when bound shall be preserved for a period of ten 
years, and provided further, that in making the tax collectors 
abstracts, such abstracts shall be made direct from the assess¬ 
ment lists. 

Sec. 52. After the book of assessments has been completed 
as herein provided, the chairman of said county board of equal¬ 
ization shall certify on the book of assessments that the same 
has been examined, corrected and approved by the county board 

of equalization, and that the amount of State taxes is $., 

the amount of county taxes is $., the amount of special 

taxes is $..., specifying the total amount of each of 

such taxes, and such certificate is to be the warrant to the col¬ 
lector of the county to proceed to collect such taxes in the man¬ 
ner directed by law. The board of equalization shall not allow 
the tax assessor, nor tax collector nor their deputies nor em¬ 
ployees to participate in any way in the examination and ap¬ 
proval of the book of assessments required to be made by this 
act. 

Sec. 53. When the book of assessments has been completed 
as herein provided, the chairman of the county board of equali¬ 
zation must, without delay, make out in duplicate, upon forms to 
be furnished by the State auditor, a complete abstract of all real 
and personal property, as contained in the assessment book of 






410 


hi's county, showing the total amount and value of each class of 
taxable property, and property exempt from taxation, and the 
amount of tax on each item extended in a column, one of which 
he must forward to the auditor not later than the first of Octo¬ 
ber of each year, and the other he must deliver to the tax collec¬ 
tor by said date. The State auditor shall report to the Gov¬ 
ernor any tax assessor who for ten days after the time required, 
has failed to forward to the State auditor the abstract of assess¬ 
ment of his county, and the Governor shall forthwith require of 
such tax assessor an official report of the cause of such failure. 

Sec. 54. After the book of assessments has been completed 
as herein provided, the tax assessor must enter in a book, in 
concise form, the amount of taxes assessed against each tax¬ 
payer, showing separately the amount of taxes on real estate 
and personal property an! other subjects of taxation, and the 
fees of the assessor, with a blank for the fees of the collector; 
and such book he must turn over to the tax collector on or be¬ 
fore the fifteenth day of September. 

For the services rendered by him in the preparation of such 
book, he shall receive compensation to be allowed by the court 
of county commissioners as follows, viz.: In counties where the 
aggregate finessed value of real and personal property amounts 
to i*v« m'.,. dollars, or less, seventy-five dollars;"when the 
assessed values amount to more than two and not exceeding 
four million dollars, one hundred dollars; when the assessed 
values amount to more than four million and not exceeding six 
mi!!i< n dollars, one hundred and twenty-five dollars; when the 
assessed values amount to more than six and not exceeding 
eight million dollars, one hundred and fifty dollars; and when 
the assessed values amount to more than eight million dollars, 
such compensation as may be fixed by the court of county com¬ 
missioners, not less than two hundred dollars, and not exceed¬ 
ing three hundred dollars, but any tax assessor who fails to com¬ 
plete such abstract by the time required shall forfeit all right 
to compensation. 

Sec. 55. It is the duty of the tax assessor of every county 
in this State to procure at the expense of the county a book in 
the form to be prescribed by the State board of equalization, in 
which he shall enter a complete map and list of all the blocks 
and lots which have been platted, and the maps of which are 
recorded in the office of the judge of probate or can be procured 
within his county, beginning with the lowest numbered block 
and lot and proceeding in numerical order to the highest, with 



411 


the name of the owner set opposite each block and lot. Each 
subdivision or addition to any town or city shall be shown by 
proper headings at the top of each page of such lot book, and 
by an index in the front thereof, provided that if such plat books 
have already been made, the assessor shall annually make the 
entries thereon without compensation. 

Sec. 56. The assessor shall make a complete plat book or 
books of all real estate in his county, unless such book or books 
have already been provided, in a form to be prescribed by the 
State board of equalization, in which the name of the owner 
shall be entered on each separate plat or subdivision where the 
same is practicable. The court of county commissioners, or 
court of like jurisdiction, shall pay the assessor for making out 
the plat book required by this and the preceding section, a sum 
not exceeding one hundred dollars in counties of twenty-five 
thousand inhabitants, and upwards, and fifty dollars in coun¬ 
ties of less than, twenty-five thousand inhabitants. 

Sec. 57. It is the duty of the tax assessor of every county in 
this State to procure at the expense of the county, a book in the 
form to be prescribed by the State board of equalization, in 
which he shall enter a complete list of all the land in the county 
by the smallest subdivisions, beginning with the lowest section, 
township and range, and proceeding in numerical order to the 
highest, with the name of the owner set opposite each subdivis¬ 
ion, and indicating the same by initial letters, abbreviations and 
figures, in a marginal column on the left of every page. The 
assessor shall list such lands each year by comparing the list of 
the preceding year with the assessment sheet and with the list 
of lands bid in by the State for taxes, as furnished by the State 
auditor, and with the supplement to the county tract book, as 
furnished the judge of probate by the secretary of State. 

Sec. 58. For the services rendered by the assessor with re¬ 
spect to the land book and lot book showing the lots and the own¬ 
ers thereof in the county, he is entitled to compensation, to be 
allowed by the court of county commissioners and paid by the 
county as follows: In counties whose population does not ex¬ 
ceed ten thousand inhabitants, not more than one hundred dol¬ 
lars ; in counties whose population exceeds ten thousand inhab¬ 
itants and does not exceed twenty thousand, not more than one 
hundred and fifty dollars; in counties whose population ex¬ 
ceeds twenty thousand inhabitants, and does not exceed thirty 
thousand, not more than two hundred dollars; in counties 
whose population exceeds thirty thousand inhabitants and does 
not exceed forty thousand, not more than two hundred and fifty 



412 


dollars; in counties whose population exceeds forty thousand 
inhabitants, and does not exceed eighty thousand, not more 
than three hundred dollars; in counties whose population ex¬ 
ceeds eighty thousand inhabitants, not more than four hundred 
dollars. But compensation for making such books shall not be 
paid until the court has examined said book and found the same 
complete in all respects. 

Sec. 58^2- Such maps and plat books shall be kept in the 
office of the tax assessor, open to the inspection of the public at 
all times when not in use by the assessor or the board of equali¬ 
zation ; provided, that in those counties where the office of the 
tax assessor is not kept open for the entire year, said records 
shall when the office of the tax assessor is closed, be deposited 
in the office of the judge of probate of the county. 

Sec. 59. It shall be the duty of the court of county commis¬ 
sioners, or other court or board of like jurisdiction, at the regu¬ 
lar February term in each year, to levy the amount of general 
taxes required for the expenses of the county for the current 
year, not to exceed one-half of one per cent of the value of the 
taxable property as assessed for revenue for the State as shown 
by the book of assessments after it shall have been corrected, and 
at the same time levy the amount of special taxes required for 
the county for the current year, not to exceed one-fourth of one 
per cent, which levy shall be made upon the same basis of valua¬ 
tion provided above, and when such levy shall be made, to cer¬ 
tify the rate or rates of taxation, and the purpose or purposes 
for which the tax is levied to the tax assessor of the county. 

Sec. 60. The tax assessor when receiving the tax returns 
shall require each taxpayer to state his or her occupation, and 
he shall on or before the tenth day of January of each year pre¬ 
pare and deliver to the judge of probate a list of all taxpayers 
who are liable to pay a privilege or license tax to the State, and 
who shall have made returns of their property for taxation be¬ 
fore January first, and shall also on or before the tenth day of 
March of each year, prepare and deliver to the judge of probate 
a supplemental list of all persons liable to pay a privilege or 
license tax, who have made return of their property for taxes, 
or who have been returned as escapes or delinquents since the 
making of the first list by the assessor. 

Sec. 61. When the assessor has reason to believe that any 
person who has been assessed is about to leave the county, he 
shall at once notify the tax collector, in writing, and on his fail- 
tire to do so, he shall be liable for the full amount of the taxes 
due, or to become due upon such assessment. 



413 


COUNTY BOARD OF EQUALIZATION. 

Sec. 62. There is hereby created in each county in this State 
a county board of equalization, to be composed of three free¬ 
holders, over thirty years of age, and residents of such county 
who shall be appointed as hereinafter provided for a term to 
expire on the first day of October, 1919, after which the term 
shall expire on the first day of October of each fourth year 
thereafter. 

Sec. 63. The court of county commissioners, or other court 
or board of like jurisdiction in each county, within thirty days 
after the passage of this act, and every fourth year thereafter, 
shall appoint one such freeholder to be a member of said board, 
and shall immediately certify to the State board of equalization 
the name and address of the person so appointed, and shall also 
certify such appointment to the judge of probate of the county, 
who shall issue a commission to such freeholder to serve as a 
member of said board during the term for which he was appoint¬ 
ed, and until his successor is appointed and commissioned. In 
the event any court of county commissioners, or other court or 
board of like jurisdiction in any county shall fail or refuse to 
appoint such member of said board as herein required, and cer¬ 
tify the fact of such appointment to the State board of equaliza¬ 
tion, the Governor of the State is hereby empowered and direct¬ 
ed to make such appointment on certificate by the judge of 
probate of such failure. 

Sec. 64. Before the first day of October, 1915, and every 
four years thereafter, the State board of equalization shall ap¬ 
point one such freeholder in each county of the State to be a 
member of the board of equalization in such county, and shall 
certify the name of such freeholder to the probate judge of the 
county, who shall thereupon issue a commission to such free¬ 
holder to serve as a member of said board during the term for 
which he was appointed, and until his successor is appointed 
and commissioned. 

Sec. 65. That within ten days after the appointment of the 
second member of said board, the two members so selected shall 
meet and elect a third member of said board for the term for 
which they have been commissiond, and the member so elected 
shall be the chairman thereof, and they shall certify to the judge 
of probate over their signatures the name of the freeholder so 
elected and the judge of probate shall thereupon issue a com¬ 
mission to such freeholder as a member of said board, and shall 
immediately notify the State board of equalization of such ap- 



414 


pointment, giving the name and address of the person so ap¬ 
pointed; provided that if the two members first selected shall 
fail or refuse within the time above specified to select the third 
member of said board, such failure shall by the judge of probate 
of the county be immediately certified to the Governor of the 
State, who shall thereupon appoint and commission such third 
member of said board, who shall be the chairman thereof. 

Sec. 66. That such resident freeholders shall be selected as 
members of said board as far as possible, with a view to their 
respective knowledge of the value of taxable property in the 
county, and their selection shall be limited to no profession, oc¬ 
cupation, or calling, but no member of said board shall hold any 
elective office of profit under this State, or any political subdi¬ 
vision thereof during the term for which he was appointed and 
commissioned, or for one year thereafter. 

Sec. 67. Each member of said board before entering upon 
his duties, in addition to taking the regular oath of office, shall 
take and subscribe to the following oath before the judge of pro¬ 
bate of said county: 

“I do hereby solemnly swear that I am over thirty years of 

age, and a resident freeholder of.county, Alabama, 

that I will faithfully, honestly, and without fear or favor dis¬ 
charge my duties as a member of the board of equalization for 

.■---•■•.county, and that I will fix the valuation of all 

property listed for taxation or submitted to me for valuation at 
sixty per cent of its reasonable cash value to the best of my judg¬ 
ment and ability, so help me God.” 

Such oath shall be filed and recorded on the minutes of the 
commissioners’ court, or court or board of like jurisdiction. 

Sec. 68. The tax assessor of the county shall be ex-officio 
secretary of the county board of equalization, and as such, shall 
keep the records of said board. 

Sec. 68 y 2 . That any vacancies occurring on any county 
board of equalization shall be filled in the same manner as the 
member or members were originally chosen; provided that mem¬ 
bers who shall be selected to fill such vacanies, shall serve for 
the unexpired term. 

Sec. 69. The members of the county board of equalization 
shall be subject to impeachment in the same manner and for 
the same causes as members of the court of county commission¬ 
ers, or other courts of like jurisdiction in this State. 

Sec. 70. The members of said board shall receive such rea¬ 
sonable compensation for the services herein required as may be 
fixed by the court of county commissioners, or other court or 





415 


board of like jurisdiction for their respective counties, provided 
it shall not be less than three dollars nor more than six dollars 
except that in counties of more than seventy-five thousand popu¬ 
lation they may be paid not more than ten dollars per day each, 
together with such reasonable allowances for necessary inciden¬ 
tal expenses as said court may deem proper, but they shall be 
entitled as a matter of right to such cost of transportation as 
may have actually been incurred by them in the discharge of 
their duties under the provisions of this act, and the board shall 
once each month certify to the court of county commissioners, 
or other court or board of like jurisdiction, the number of days 
each member was engaged during such month, and also the ex¬ 
pense incurred during such month, and the compensation for 
such services and such expenses, if approved, shall be paid as 
other bills of the county are paid. Provided that in all counties 
having a population of less than seventy-five thousand inhabit¬ 
ants according to the last Federal census, the county board of 
equalization shall not remain in session for the purpose of visit¬ 
ing, inspecting, examining, equalizing and valuing the real 
property of the county for a longer period than three months, 
and in counties having a population of more than seventy-five 
thousand inhabitants, the county board of equalization shall not 
remain in session for a longer period than six months. 

Sec. 71. In all counties in this State having a population of 
more than seventy-five thousand inhabitants, according to the 
last preceding Federal census, the county board of equalization 
immediately after the second Monday in October, 1915, and 
every year thereafter, and in all counties in the State having a 
population of less than seventy-five thousand inhabitants, ac¬ 
cording to the last preceding Federal census, the county board 
of equalization, immediately after the second Monday in Jan¬ 
uary, 1916, and every year thereafter, except as provided by the 
next succeeding section of this act, shall begin the valuation and 
equalization of all the taxable property in the county for which 
they were appointed, for the assessment of taxes to be levied 
thereon during the fiscal years, beginning October 1st, 1915, and 
each year thereafter. The valuations of all the real property shall 
be entered by the tax assessor upon the “Land and Lot Books” 
of the county, which books shall be substantially bound and 
suitably ruled, so that the description of the real estate, the 
name of the owner and the valuation of the real estate and im¬ 
provements as fixed by the county board of equalization, or as 
may be fixed by arbitration, may be shown thereon, and said 
books shall be so ruled that they will form a record to be used by 



416 


the county board of equalization through a period of four years. 
The form of such land and lot books shall be prescribed by the 
State board of equalization, and said board shall after thirty 
days’ notice by advertisement once a week for four successive 
weeks in a daily newspaper published in Birmingham, Mobile, 
and Montgomery award a contract to the lowest responsible bid¬ 
der, who shall agree to furnish said books of the quality, in the 
form and within the time stipulated by the State board of equal¬ 
ization to all counties of the State. The cost of said books shall 
be paid by the respective counties upon the certificate of the 
State board of equalization. 

Sec. 72. Whenever any assessment of real property shall 
have been made by the county board of equalization, or the value 
fixed by a board of arbitration, the value thus fixed shall be and 
remain the taxable value of such property for a period of four 
years, dating from the first day of October preceding, and the 
county board of equalization shall not be required to again view, 
inspect, value and equalize the same during such four years’ 
period, unless a revaluation and equalization shall be made by 
the order and direction of the State board of equalization, in 
which event the valuation thus fixed shall be and remain the 
taxable value of said property until the next quadrennial period 
of assessment, or unless there shall be a change in the value of 
such real property, or the buildings, structures, or the improve¬ 
ments thereon, caused either by the destruction of or damage to 
said buildings, or by the erection or construction of new build¬ 
ings, structures or improvements, or by the removal of minerals 
from said land, or by cutting the timber therefrom, in which 
event the assessment shall be increased or reduced by the county 
board of equalization to the extent only of the increase or reduc¬ 
tion in the value of such real property by reason of the changes 
above named, provided that the county board of equalization 
shall not be required to view, inspect, value or equalize real 
property on which there has been no change or alteration of 
such real property or improvements thereon as above described, 
except at each quadrennial period of assessment. 

Sec. 73. The county board of equalization shall visit, in¬ 
spect, examine, equalize and value each piece and parcel of real 
property in the county, and after such inspection and examina¬ 
tion thereof, shall cause to be recorded upon the land and lot 
book sixty per cent of the reasonable cash value of such real 
property. In fixing the value of real estate for taxation, the 
county board of equalization shall consider its location, whether 
in town, city or country, and whether it is vacant, lying idle or 



417 


so occupied and in use, and if occupied and in use, the rent de¬ 
rived therefrom, its proximity to local advantages, its quality 
of soil, growth of timber, quarries, mines or minerals, and .the 
amount and character of improvements thereon. Where land is 
assessed as acreage, the valuation shall be fixed for each forty 
acres, or fraction thereof, and when real estate has been platted 
and divided into lots, it shall not be thereafter assessed as acre¬ 
age. The opinion of the majority of said board shall govern in 
the valuation and equalization of values of all property. The 
said board may issue subpoenas to witnesses, and may require 
the owner or occupant, or person in possession of such property, 
to give them any information in his knowledge with regard to 
the value of such real estate, the rents, income, and profits there¬ 
from, and said board may require the production for inspection 
of all fire insurance policies on the improvements for the cur¬ 
rent or preceding year. The said board shall also, as far as 
practicable, view, inspect, value and equalize all taxable prop¬ 
erty shown by the tax returns, and cause to be recorded thereon 
sixty per cent of the reasonable cash value thereof. 

County boards of qualization are hereby authorized and em¬ 
powered, by and with the consent of the State board of equali¬ 
zation, to employ such expert assistants as said county board 
may deem necessary for the proper valuation of the property of 
the county. Such expert assistants so employed shall receive 
such compensation as shall be agreed upon by the county board 
of equalization, with the concurrence of the State board, which 
compensation shall be paid as hereinafter provided. 

Sec. 74. The valuations fixed by the county board of equali¬ 
zation on the real property and improvements for the purpose 
of taxation, shall be transcribed by the assessor from the land 
and lot book to the assessment lists returned by the taxpayers, 
and the county board of equalization shall annually fix and 
equalize the value of the personal property of each taxpayer, as 
shown on the assessment lists, and such valuation shall be en¬ 
tered thereon by the assessor. The values so fixed by the county 
boards of equalization and returned to*the tax assessor shall be 
the taxable value of all property so valued and equalized by 
them, provided that in the event the value of the real or per¬ 
sonal property of any taxpayer is increased by the board of 
equalization over the assessed value thereof for the preceding 
year, the taxpayer shall be furnished by mail or in person with 
a statement showing separately the valuation of his personal 
property and his real property and also that the board will con¬ 
vene to hear objections to the valuation and to correct errors on 


14 GA 



418 


the third Monday in June, which notice shall he given on or be- 
fore the second Monday in June; but failure to receive or give 
such notice shall not affect the assessment. “The expense of 
postage incurred by the tax assessor in carrying out the pro¬ 
visions of this section shall be paid in equal proportions by the 
county and the State upon a certified statement thereof by such 
assessor filed with the court of county commissioners and the 
auditor of Alabama.” 

Sec. 75. It shall be the duty of the county board of equali¬ 
zation to carefully examine and inspect all tax returns and as¬ 
sessments delivered to them by the county tax assessor, and if 
they find that any taxpayer has neglected to make a return, or 
has omitted from his returns any property that should be re¬ 
turned, it shall be their duty to make up a return on the proper 
blank with a description of the property to be assessed, which 
property they shall then proceed to value and equalize in the 
same manner that other property is valued and equalized by 
them; and to the value placed thereon by the board shall be 
added a penalty of ten per cent for the failure of the owner of 
such property to properly return the same. 

Sec. 76. When the county board of equalization shall have 
completed its work of valuing and equalizing all the property 
subject to taxation in the county, and such valuation shall have 
been entered upon the land and lot book, and transcribed to the 
assessment lists, which shall not be later than the second Mon¬ 
day in May, 1916, and the second Monday in May of each year 
thereafter, they, or any two of them, shall certify over their sig¬ 
natures to the correctness of the tax returns, showing the values 
fixed by them, and deliver them to the tax assessor of the county 
as their report, and the tax assessor shall hold them in his office 
open to public inspection. The tax assessor shall then give 
notice by publication once a week for three consecutive weeks 
in a newspaper published in the county, if any be published in 
the county, and if no newspaper is published in the county, by 
posting notices in at least three public places in each precinct of 
the county, that the county board of equalization has returned 
its report, and that the same is open to inspection, and that said 
board will convene at the court house in the county on the third 
Monday in June to correct any errors in the assessments or val¬ 
uations, and it shall be the duty of the board to see that such 
notice is given. 

Sec. 77. It shall be the duty of the county board of equaliza¬ 
tion in each county to sit at the court house in their respective 
counties on the third Monday in June in each year from nine A. 



419 


M. to four P. M. and shall continue for at least one week, and as 
much longer as may be necessary, provided they do not sit be¬ 
yond the first day of August, and provided further that where 
there is more than one court house in a county the time of such 
sitting shall, as near as practicable, be equally divided between 
the respective court houses thereof, for the purpose of hearing 
objections, if any, to the assessments or the valuations so fixed 
by said board, and at such meeting any property owner may 
appear in person, or by agent or attorney, and make his objec¬ 
tions to any assessment or valuation made by the board, and 
produce evidence in support thereof, and it shall be the duty of 
the board to examine under oath any complaining property 
owner and to examine any other witnesses under oath as to the 
reasonable cash value of the property of such owner, and if it 
is found from the evidence that the valuation placed by the 
board on the property was not sixty per cent of the reasonable 
cash value of such property, then they shall correct the valua¬ 
tion or assessment, so that it will show sixty per cent of the 
reasonable cash value, and such corrected amount shall consti¬ 
tute the taxable value of said property, but if the board shall 
find from all evidence that the valuation placed on the property 
was sixty per cent of the reasonable cash value thereof, then 
said valuation shall stand as the taxable value of said property. 
If any tax payer is dissatisfied with the action of said board of 
equalization, he may within five days from the adjournment of 
said board give notice in writing to said board that he demands 
an arbitration, giving at the same time the name and address of 
his arbitrator, which said notice shall be filed with the tax 
assessor; the board shall name its arbitrator within three days 
after, and these two arbitrators shall select a third. If the arbi¬ 
trators so selected do not within five days select an umpire, 
either arbitrator shall notify the State board of equalization of 
such failure, and such board shall forthwith appoint an umpire, 
and the arbitrators so selected shall ascertain and fix sixty per 
cent of the reasonable cash value, as the taxable value of such 
property, and shall make report in writing to the tax assessor, 
and the decision of said arbitrators shall be final. The tax 
assessor shall in the case of personal property enter the valua¬ 
tions fixed by the arbitrators on the assessment lists, and in the 
case of real estate, he shall enter such valuations on the assess¬ 
ment lists and on the land and lot book also; and said assess¬ 
ment lists and land and lot book shall be properly ruled and 
printed so as to provide space in which such entries can be 
made. The said arbitrators shall render their decision and make 



420 


report thereof within ten days from the date of the naming of 
the umpire, else the decision of the county board shall stand 
affirmed, and shall be binding in the premises. Before entering 
upon a hearing, the said arbitrators shall take an oath before 
the judge of probate, or his chief clerk, that they will faithfully 
and impartially ascertain the reasonable cash value of the prop¬ 
erty, and fix sixty per cent thereof as the taxable value of the 
same, and will determine all matters submitted to them accord¬ 
ing to law, justice and equity of the case. 

Sec. 78. When the county board of equalization shall have 
completed the work of hearing objections against the valuations 
fixed by it on taxable property, they, or any two of them, shall 
certify the correctness of the changes or alterations made in the 
tax returns and showing the items and values to be fixed by 
arbitration, and deliver the returns to the tax assessor of the 
county, which changed or altered valuations, and the value fixed 
by the award of the arbitrators shall be the taxable value of the 
property or properties. 

Sec. 79. County boards of equalization in the performance 
of their duties under the provisions of this act, shall have the 
same powers and authority now vested in courts of county com¬ 
missioners, or other courts of like jurisdiction. The opinion of 
a majority of said boards shall govern, and at all times two 
members of said board shall constitute a quorum. All laws or 
parts of laws conferring upon commissioners’ courts, boards of 
revenue or courts of like jurisdiction, any power, authority or 
control over the valuation, equalization or assessment of prop¬ 
erty for taxation are hereby repealed. 

Sec. 80. The county board of equalization shall have and 
exercise exclusive right in their respective counties to fix the 
taxable value of all property therein not specifically required 
to be assessed by the State board of equalization, subject only to 
the right of arbitration, and to that end may be convened in spe¬ 
cial session at such time as in the judgment of the chairman or 
a majority of said board, or the State board of equalization, is 
deemed necessary. 

Sec. 81. Nothing herein shall be construed to require the 
county board of equalization to value railroad property, tele¬ 
graph or telephones lines, or any other property heretofore as¬ 
sessed by the State board of assessment, or required by this act 
to be assessed by the State board of equalization. 

Sec. 82. The failure of the county board of equalization to 
perform any of its duties at the time prescribed or to complete 



421 


its duties within the time specified by this act, shall not invali¬ 
date any assessment or any act of the board made after the ex¬ 
piration of such time. The duty of the county board of equali¬ 
zation to visit, inspect and examine each piece and parcel of real 
property in the several counties is directory and a failure to do 
so shall not invalidate the assessment made by such county 
board of equalization. 

Sec. 83. Whenever under the provisions of this act any no¬ 
tice, subpoena or writings are required to be given or served, the 
same may be served by any sheriff in this State or his deputy, or 
by any lawful constable, or by any tax assessor of this State 
except as herein otherwise provided. 

STATE BOARD OF EQUALIZATION. 

Sec. 84. There is hereby created a board to be known as the 
State board of equalization, to be composed of a chairman and 
two associate members, who shall be appointed by the Governor. 
The Governor shall appoint one member whose term shall ex¬ 
pire on October 1st, 1917, one member whose term shall expire 
on October 1st, 1919, and one member whose term shall expire 
on October 1st, 1921, and the Governor, at the time of the ap¬ 
pointment, shall designate which of said appointees shall be 
chairman of said board, and such terms shall begin on the date 
of the appointment by the Governor. Upon the expiration of the 
terms of the members of said board appointed by the Governor, 
he shall appoint the successors of such members for a term of 
six years, and thereafter the members of said board shall like¬ 
wise be appointed by the Governor for a term of six years. In 
case of a vacancy in said State board of equalization caused at 
any time by death, resignation, removal or otherwise the va¬ 
cancy shall be filled by appointment by the Governor, and such 
appointment shall be for the unexpired term. 

Sec. 85. The members of the State board of equalization 
shall be qualified electors known to possess high character and 
knowledge of the general subject of taxation, and matters per¬ 
taining thereto. No member of said board shall hold another 
office under the government of the United States, or under any 
other State or this State, or any political subdivision thereof, 
during the term of office; and the members of said board shall 
devote their entire time to the duties of their office, and shall 
not hold any position of trust or profit or engage in any occupa¬ 
tion or business, the duties or conduct of which shall interfere 
or be inconsistent with the duties they shall assume as members 



422 


of the State board of equalization under the provisions of this 
act. Provided, that no one shall be eligible to serve as a mem¬ 
ber of the State board of equalization while employed by or 
financially interested in any public service corporation, and 
shall have been a citizen of Alabama for a period of five years, 
and shall be over thirty years of age, and shall be a freeholder. 

Sec. 86. The members of the State board of equalization be¬ 
fore entering upon the discharge of their duties, shall enter into 
bond in the sum of $5,000 for the faithful performance of his 
duties which bond shall be approved by the Governor, shall 
take, subscribe, and file with the secretary of State the following 
special oath of office in addition to the general oath of office 
prescribed for public officers by the Constitution of Alabama, 

to-wit: “I,., do hereby solemnly swear that I 

will faithfully, impartially, perform all the duties of office as a 
member of the State board of equalization of Alabama, to which 
I have been elected (or appointed) and which I now assume, 
without fear or favor, bias or thought of personal gain, or ad¬ 
vantage, to the best and utmost of my ability, capacity and 
power.” This oath shall be taken before any officer qualified to 
administer oaths in the State of Alabama, and thereupon shall 
be filed with the secretary of State. 

Sec. 87. The members of the State board of equalization 
shall each receive a salary of three thousand dollars per annum, 
such salary to be paid out of the State treasury in the same man¬ 
ner as salaries of other State officers are paid. 

Sec. 88. The chairman of the said board of equalization may 
appoint a secretary at a salary of not more than twenty-four 
hundred dollars per annum, which salary shall be paid in the 
same manner as salaries of other State officers are paid. Said 
board may employ such other persons as experts, engineers, 
stenographers and assistants as may be necessary to properly 
perform the duties which may be required of said board, and 
said board shall fix the compensation of such other persons with 
the approval and concurrence of the Governor. Such compen¬ 
sation to be paid out of the State treasury upon warrant drawn 
by the State auditor on a certificate or voucher of the chairman 
of the State board of equalization, approved by the Governor, 
but the amount to be expended by said board for experts, en¬ 
gineers, assistants and stenographers employed by county 
boards of equalization by and with the consent and approval of 
the State board, and all other expenses of every nature and 
character whatsoever incurred by the State board of equaliza¬ 
tion shall not exceed twenty-five thousand dollars per annum 




423 


for the fiscal year beginning October first, 1915, and for each 
fourth year thereafter, and for every other year shall not ex¬ 
ceed the sum of ten thousand dollars, and said sums of money 
are hereby appropriated for such purpose. 

Sec. 89. It shall be the duty of said State board of equaliza¬ 
tion, and it shall have power and authority—1. To have 
and exercise general and complete supervision over the 
valuation, equalization and assessment and collection of 
taxes and the enforcement of the tax laws of the State, and 
over the several county tax assessors, tax collectors, and county 
boards of equalization in the several counties of the State 
charged with the duties of assessing or collecting escaped and 
delinquent taxes in the several counties of the State, and over 
each and every State and county official charged with the duty 
of valuing, equalizing, assessing, collecting or enforcing the pay¬ 
ment of taxes and licenses to the State or to any county in the 
State, to the end that all assessments on property, privileges, 
and franchises in the State shall be made in exact proportion to 
the just and true value thereof in substantial compliance with 
the law. 2. To confer with, advise and direct all assessors, col¬ 
lectors of State and county taxes and county boards of equali¬ 
zation, as to their duty under the laws of this State. 3. 
To direct actions, prosecutions, and proceedings to be in¬ 
stituted to enforce the laws of this State relating to penalties, 
forfeitures, liabilities and punishment of public officers and 
officers or agents of corporations, companies, or associations, or 
persons for failure or neglect to comply with the provisions of 
the law governing the return, assessment and taxation of prop¬ 
erty, privileges, and franchises in this State, and to cause com¬ 
plaints, information, action or prosecutions to be made or insti¬ 
tuted against any tax assessor or tax collector in the proper 
court, or to the proper judge of any court, for the removal from 
office of such officers for official misconduct or neglect of duty. 
4. To require county or circuit solicitors, and the attorney 
general of the State, to commence and prosecute actions, pro¬ 
ceedings, and prosecutions for penalties, forfeitures, impeach¬ 
ments and punishments for violations of the laws of the State in 
respect to the valuing, equalizing, assessment and collection of 
taxes and the enforcement of taxation of property, privileges, 
and franchises subject to taxation, within the respective juris¬ 
diction or spheres of official duty of said officers. 5. To 
require any county officer or other public officer in the 
State to report information as to the valuation, equalization 
and assessment of property, collection of taxes, receipts from 



424 


licenses and other sources, methods of taxation, values of fran¬ 
chises or intangible property or assets, subject to taxation, and 
such other information as may be needful in the work of the 
State board of equalization, in such form and upon such blanks 
as the board may prescribe. 6. To require individuals, part¬ 
nerships, companies, associations, and corporations, and the 
agents, officers, and employees thereof, to furnish informa¬ 
tion concerning their capital, funded or otherwise, current 
assets and liabilities, value of franchises, value of proper¬ 
ty, earnings, operating and other expenses, bonds, deeds, 
conduct of business, and all other facts, records, papers, 
documents, or other information of any kind demanded 
which may be needful in order to enable the board to ascertain 
the value and relative burden to be borne by every kind of prop¬ 
erty in this State, but where a person, partnership, corpora¬ 
tion, company or association is not engaged in a business which, 
is subject to a tax on gross receipts, or on capital employed in 
this State, or on franchise or on intangible property, the board 
shall not inquire into nor shall it require information as to the 
liabilities, earnings, profits, and loss, expenses, or conduct of 
business of such persons, partnerships, company, association or 
corporation. 7. To summon witnesses to appear and give 
testimony, and to procure records, books, papers, docu¬ 
ments, and all other information of any kind or charac¬ 
ter required relating to any matter which the board shall 
have authority to investigate and determine. The witnesses 
may be summoned by subpoena issued by any member of 
the board, or by the secretary thereof, in the name of the 
board, directed to any sheriff of Alabama, and returnable 
to the board, which subpoenas may be served in like man¬ 
ner as subpoenas issued out of any circuit court; or the 
subpoenas may be served by registered mail, addressed to the 
witness with return receipt demanded. In either case the sub¬ 
poenas must be served at least five days previous to the time 
named therein for the appearance of the witness. Subpoenas 
duces tecum to any witness to appear and produce any records, 
books, papers or other documents, may be issued and served in 
like manner; provided that no officer of any bank or banking 
institution shall be required to disclose to the board or any of 
its agents or clerks the deposits of its customers. 8. To 
cause the deposition of witnesses residing within or with¬ 
out the State to be taken upon such notice to the interested 
party, if any, as the board may prescribe, in like manner as de¬ 
positions of witnesses are taken in actions pending in the cir- 



425 


cuit court of the State, in any matter which the board has au¬ 
thority to investigate or determine. The depositions shall be 
taken upon a commission to be issued by the State board of 
equalization, or the secretary thereof, in the name of the board, 
and returnable to the board. 9. To visit in a body or sep¬ 
arately the several counties in the State for the purpose 
of ^investigating the works and methods adopted by county 
assessors, collectors, county boards of equalization, or other 
officers or boards charged with the duty of valuing, equal¬ 
izing, assessing, collecting, determining, or adjusting the 
taxation of real and personal property in this State, or in 
any county thereof; to examine carefully into all cases where 
evasions or violations of law established for the valuation, 
equalization, assessment and collection of taxes on property are 
alleged, complained of, or discovered, and to ascertain wherein 
existing laws are defective, or are improperly or negligently 
administered, and to report the result of the investigation and 
the facts ascertained to the Governor from time to time when 
required by him. 10. To investigate the tax systems of other 
states; to formulate and recommend such legislation as may be 
deemed expedient to prevent evasions of any laws of the State 
relating to taxation, and to secure just and equal taxation and 
improvements in the system of taxation in this State. 11. To 
consult and confer with the Governor upon the subject of taxa¬ 
tion and the administration of the laws in relation thereto, and 
the progress of the work of the board, and to furnish the Gov¬ 
ernor, from time to time, such information as he may require. 
12. To transmit to the Governor, thirty days before the 
meeting of the Legislature, a written report showing all the 
taxable property in the State and the value of the same, in tab¬ 
ulated form, with recommendations for improvements in the 
system of taxation in the State, together with recommendation 
of such measures as the board may formulate for the considera¬ 
tion of the Legislature in regard thereto. 

Sec. 90. The secretary of said board shall keep full and cor¬ 
rect minutes and records of all hearings, transactions and pro¬ 
ceedings of the board, and shall perform such other duties as 
may be required of him by law, or by said board from time to 
time. The board shall make all needful rules not. inconsistent 
with the law, for the orderly, efficient and methodical perform¬ 
ance of its duties, and for conducting hearings and other pro¬ 
ceedings before it. 

Sec. 91. Oaths to witnesses in any matter under the investi¬ 
gation or consideration of the board may be administered by 
any member of the board, or by the secretary thereof. 



426 


Sec. 92. The State board of equalization shall have and 
maintain its office in the State capitol at Montgomery, and 
shall be provided with suitable rooms,* necessary office furni¬ 
ture, supplies, stationery, books and maps, and all expenses of 
the board incurred in the discharge of its duties, and the admin¬ 
istration of its functions shall be paid by the State treasurer 
out of the appropriation herein before made for the annual (ex¬ 
penses of the State board of equalization upon a warrant drawn 
by the State auditor on the certificate or voucher of the chair¬ 
man of the board, approved by the Governor. 

Sec. 93. That the State board of equalization shall perform 
all the duties now required by law to be performed by the State 
board of assessments, and all the duties now required by law 
to be performed by the State tax commission of Alabama, and 
said board of equalization in the discharge and performance of 
its duties shall have all the power now conferred by law upon 
said State board of assessments, and said State tax commission 
of Alabama, which are not in conflict or inconsistent with the 
provisions of this act, and the State board of assessments, and 
the State tax commission of Alabama are hereby abolished. 

Sec. 94. That all reports which are by law required to be 
made or filed with the State tax commission of Alabama, or the 
State board of assessments, at the time of the passage of this act 
shall hereafter be made to and filed with the said State board 
of equalization. 

Sec. 95. All members of the State board of equalization, and 
the secretary of the board, and all stenographers, experts, en¬ 
gineers, and assistants who may be employed by the board, shall 
be entitled to receive their actual necessary expenses while 
traveling or acting on the business of the board; such expenses 
to be itemized and sworn to by the person who incurs the same, 
and shall be approved by the chairman of the board, or by a 
majority of the members thereof, and also by the Governor, and 
shall be paid by the State treasurer out of the appropriation 
herein before made for the annual expenses of the State board of 
equalization upon warrant drawn by the auditor. 

Sec. 96. All employees of the State board of equalization 
shall be subject to the order of the board, and may be removed 
by the board with or without cause. 

Sec. 97. That it shall be the duty of the State board of equal¬ 
ization to carefully examine the tax abstracts and all tax returns 
of the several counties of this State filed in the office of the audi¬ 
tor, and to compare said tax abstracts and tax returns for the 
purpose of ascertaining whether the tax valuation of the various 



427 


classes of property as made by the respective counties of the 
State is reasonably uniform as between the respective counties. 
It is the purpose and intent of this act to bring about as far as 
practicable an equalization throughout the State of the values 
of the various classes of property subject to be taxed, so that 
values fixed in one county shall not be out of due proportion to 
values fixed in other counties on the same classes of property. 
If it shall appear to said State board of equalization, that in any 
one or more counties of this State or in any municipality or pre¬ 
cinct of any county the taxable values fixed upon any one or 
more classes of property are not reasonably uniform with the 
values fixed upon the same classes of property in the other coun¬ 
ties, the said State board of equalization shall investigate and 
inquire as to the reason therefor, and after making such investi¬ 
gation and comparison, shall have authority to order and direct 
the county bord of eaqualization to readjust and re-equalize the 
same for either the current or succeeding tax year, either by 
adding a fixed percentum to the total valuation of any class of 
property in any county or in any precinct or municipality there¬ 
in, if they find the valuation too low; or by deducting a fixed 
percentum from the total county, precinct or municipal valua¬ 
tion of any class of property in any county, or in any precinct 
or municipality of any county, if they find the valuation too 
high, as may be just and right between the counties, precincts 
or municipalities, and so re-value and re-equalize each item of 
such class of property that each such item of property will bear 
its just proportion of the raise so ordered, or receive its just 
share of the reduction. And the said State board of equaliza¬ 
tion shall thereupon notify, by United States mail, postage pre¬ 
paid, the chairman of the county board of equalization of the 
county affected that the county, precinct or municipal valua¬ 
tions upon the classes of property specified in the said notice 
shall be raised or lowered by the percentum fixed by said State 
board of equalization, and the auditor shall thereupon return 
to said county its tax abstract and other tax returns for cor¬ 
rection accordingly. 

Sec. 98. That upon giving of such notice by the State board 
of equalization of changes or corrections ordered to be made in 
the valuations of property within said county, it shall be the 
duty of the chairman of the county board of equalization receiv¬ 
ing such notice, to call immediately a meeting of said county 
board of equalization, and at said meeting said board shall cor¬ 
rect county, precinct or municipal variations upon the class or 
classes of property specified by the State board of equalization, 



428 


so as to make the same conform to the findings and orders of the 
said State board of equalization by so revaluing and re-equaliz- 
mg each item of said class of property so that each such item 
will bear its just proportion of the raise so ordered or receive its 
just proportion of the reduction. If the county board of equali¬ 
zation is dissatisfied with the changes and corrections thus or¬ 
dered to be made by the State board of equalization, the chair¬ 
man, or any two members of the county board of equalization, 
may within ten days from the receiving of said notice, notifv the 
State board of equalization that arbitration is demanded on be- 
alf of the county, and shall at the same time give the name and 
postoffice address of the arbitrator so chosen by said county 
board. The State board of equalization shall name an arbitra¬ 
tor on behalf of the State within three days from the receipt of 
such demand for arbitration, and the two thus named shall 
select a third w ithin ten days, and if they fail to agree upon a 
t lrd arbitrator within that time, he shall be named and ap¬ 
pointed by the Governor. A majority of the board of arbitra¬ 
tion thus formed shall have authority to render an aw-ard in the 
premises. No person shall be named as arbitrator by the State 
board of equalization, and no person shall be selected and ap- 
pointed as a third arbitrator w ho is a citizen of or a property 
owner in the county affected by said arbitration. Said arbitra- 
tois shall meet at the county seat of the county demanding the 
aibiration or at such other place w’ithin the county as they may 
deem best, and shall have the same power to demand the attend¬ 
ance of witnesses and the production of papers and documents 
as are conferred upon the county boards of equalization, and to 
enforce obedience to its orders. The session of said arbitrators 
shall be limited to five days, and they shall meet and render 
their decision within twenty days from the date of the selection 
or appointment of the third arbitrator, or otherwise the decision 
of the State board of equalization in the matter shall stand af¬ 
firmed and be final. The award of the arbitrators w hen made 
shall be final, and upon the rendering of their award, it shall be 
the duty of the county board of equalization to immediately 
take such steps as are necessary to carry into effect the terms 
and provisions of said award; or upon the failure of the arbitra¬ 
tors to make an aw r ard within the time limited herein, it shall be 
the duty of the county board to immediately take such steps as 
are necessary to carry into effect the orders of the State board 
of equalization. The compensation of said arbitrators shall be 
six dollars ($6.00) per day for the time they are actually in ses¬ 
sion, and they shall be allowed mileage at the rate of five cents 



429 


per mile for the distance traveled in going from and returning 
to their homes by the nearest practicable route. The compensa¬ 
tion and mileage of said arbitrators shall be paid one-half by the 
county and one-half by the State. Before entering upon a hear¬ 
ing, the said arbitrators shall take the same oath taken in cases 
of arbitrations on the findings of the county board of equaliza¬ 
tion. 

Sec. 99. Whenever the county board of equalization shall 
have completed its work of revaluing and re-equalizing any class 
or classes of property, by order of the State board of equaliza¬ 
tion, as provided in section 98 of this act, the said county board 
of equalization shall certify under their signatures to the cor¬ 
rectness thereof, and shall deliver said reassessment or re-equal¬ 
ization to the tax assessor of the county as their report, and the 
tax assessor shall hold them in his office subject to public inspec¬ 
tion. The tax assessor shall then give notice by publication 
once a week for three consecutive weeks in a newspaper pub¬ 
lished in the county, if any be published in the county; if no 
newspaper be published in the county, by posting notice in at 
least three public places in the county, that the county board of 
equalization has returned its report, and that the same is open 
to inspection, and that the said board will convene at the court¬ 
house in the county on a day to be named and fixed in said no¬ 
tice, to correct any errors in their valuations, and shall also give 
a like notice in person or by mail. It shall be the duty of the 
board to see that such notice is given and to convene at the 
courthouse in their respective counties on the day named and 
fixed in said notice, and remain in session as long as may be nec¬ 
essary for the purpose of hearing objections, if any, made 
against said revaluation or re-equalization so fixed by said coun¬ 
ty board, and that at such meeting any property owner may 
appear in person or by attorney and make his objections to the 
values made by the county board of equalization, and produce 
evidence in support thereof. And it shall be the duty of the 
county board of equalization to examine the complainant under 
oath and to examine any other witnesses under oath, as to the 
reasonable cash value of the property of said owner, and if they 
find from the evidence that revalues placed by them on the 
property was not sixty per cent of the reasonable cash value of 
such property, then they shall correct the valuations upon the 
tax returns as their report of said revaluation and re-equaliza¬ 
tion, so that it will show sixty per cent of the reasonable cash 
value, and such corrected amount so entered by the board shall 
constitute the taxable value of said property; but if the board 



430 


shall find from all the evidence that the revaluation placed by 
them on the property was sixty per cent of the reasonable cash 
value thereof, then said revaluation shall remain and stand as 
the taxable value of said property. The revised and corrected 
property valuation thus made shall be fixed as the legal valua¬ 
tion of the property for the payment of taxes, and it shall be the 
duty of the tax payer to pay his taxes thereon accordingly. 

Sec. 100. It shall be the duty of the members of the State 
+v? ai o °* e 0 ua ^ za ti° n visit annually the several counties in 
the State for the purpose of familiarizing themselves with the 
character and values of the several classes of taxable property 
therein, and investigate the methods ahd work of the county 
boards of equalization and to ascertain wherein existing laws 
are defective or are improperly or negligently construed and to 
report the result of this investigation and the facts ascertained 
. t0 “ ie ; ,overnor fro “ time to time as required by him; provided, 
it shall not be requied for more than one member to visit the 
several counties. 

Sec. 101. In case any witness shall fail or refuse to testify 
as to or in answer to any material question, or to produce any 
records, books, papers, or other documents in his custody or 
control when required so to do, any circuit court or other court 
of like jurisdiction, or any judge thereof, upon the application 
of any member of the board, shall issue an attachment for such 
witness and compel such witness to comply with the summons, 
or to attend before the board, and produce such books, docu¬ 
ments, papers or records, and to give his testimony upon such 
matters as he may be lawfully interrogated about; and the 
court or the judge thereof may punish such witness for con¬ 
tempt, as in cases of disobedience of a like subpoena issued from 
such court for the refusal to testify in any cause pending there¬ 
in. And any person who willfully refuses to appear or furnish 
the information required of him shall be deemed guiltv of a mis¬ 
demeanor. 

Sec. 102. No witness shall be excused from attending or tes¬ 
tifying, or from producing books, papers, records, accounts, and 
other documents before the board, or in obedience to the sub¬ 
poena issued by or in the name of the board or any member 
thereof, on the.ground or for the reason that the testimony, or 
evidence, documentary or otherwise, required of him, may "tend 
to criminate him or subject him to a penalty or a forfeiture. 
But no person shall be prosecuted or subjected to any penalty 
or forfeiture for or on account of any transaction, matter or 



431 


thing concerning which he may testify or produce evidence doc¬ 
umentary or otherwise, before the board, or in obedience to its 
subpoena; but no person so testifying shall be exempt from 
prosecution and punishment for perjury committed m so tes- 

**Sec. 103. Every witness who shall appear before the board 
by its orders shall receive for his attendance the fees and mile- 
age allowed by law for witnesses in civil cases in courts of rec¬ 
ord, which shall be audited and paid by the State m the same 
manner as other expenses of the board of equalization are au¬ 
dited and paid, upon the presentation of proper vouchers sworn 
to by such witness and approved by the chairman of the board , 
but witnesses summoned by parties other than the board s a 
be paid by the party or parties causing the witnesses to be sum- 

m01 Sec 104. Whenever any equalization or assessment shall 
have been made by the State board of equalization, or by a board 
of arbitration, the valuations thus fixed shall be and remain the 
taxable value of such property for a period of four years from 
the first day of October preceding, unless there shall be a change 
in the conditions of the improvements on said property, or the 
erection or construction of improvements thereon, m whin 
event the assessment shall be increased or reduced by the State 
board of equalization to the extent only of the increase or reduc¬ 
tion of the value of the improvements erected, altered or cie- 

stroyed. . . « 

Sec. 105. The enumeration of subjects of taxation in this 
act, and the power and authority given to county and State 
boards of equalization shall not be construed so as to interfere 
in any way with the exemption from taxation provided by law, 
nor shall it increase or decrease the power and authority of any 
political subdivision of the State to levy and collect taxes, nor 
repeal any law limiting the amount of taxes to be levied and co - 
lected by any county or municipality, unless herein specifically 


set forth. . , 

Sec. 106. Every person, firm or corporation whose property 

is required by this act to be assessed for taxation by the btate 
board of equalization and not herein otherwise specifically re¬ 
quired to make reports to said board, shall on or before the first 
day of March of each year, make a report of all of its property 
of everv nature and character whatsoever, and such other ana 
further information upon such forms and in such manner as 
may be required by the State board of equalization. 



432 


ASSESSMENT OF TAX ON TANGIBLE PROPERTY OF 
PUBLIC UTILITIES . 

Sec. 107. It shall be the duty of the State board of equaliza¬ 
tion to assess for taxation all porpertv of all railroad compa¬ 
nies, street or suburban railroads or sleeping car companies, 
poison or companies operating railroad or street railroads or 
suburban railroads or sleeping cars in this State; all express 
companies, including railroad companies doing an express busi¬ 
ness, and all telephone and all long distance telephone and all 
elegraph companies, person or persons doing an express, tele¬ 
phone or telegraph business, all gas, water, electric lights or 
power, steam heat, refrigerated air, dockage, or cranage, toll 
load, railroad equipment and navigation companies, and the 
property of all other public service or public utility corpora¬ 
tions and all property not required by law to be valued and 
equalized by the county board of equalization, and the owner, 
the president, general manager or agent having control of the 
company s affairs in this State shall make returns of all prop¬ 
erty of said company located in this State to the State board of 
equalization ; provided, that if any sleeping car company shall 
pay the license or privilege tax of six thousand dollars, such 
company shall not be assessed for taxation under this section. 

Sec. 108. On or before the first day of March of each year, 
the president, secretary or auditor of any railroad company 
whose track or roadbed or any part thereof is in this State, or if 
such l ail road is in the hands of a receiver, such receiver shall, 
undei oath, make to the State board of equalization a return in 
writing of the total length of such railroad, including the right 
of way, roadbed, side tracks and main tracks in this State, spec¬ 
ifying the total length in this State, and in each county, city 
and incorporated town in this State; and also of the number of 
locomotive engines and passenger, freight, platform, construc¬ 
tion and other cars of such company, and the location and a de¬ 
scription of all other property owned by such company in the 
State of Alabama, and of the average amount of merchandise 
and supplies kept or carried on trains for sale or other disposi¬ 
tion for a profit by such companies to employees or other per¬ 
sons in this State for the year next preceding the return. 

Sec. 109. If such return is not made on or before the first 
day of March of each year, the State board of equalization shall 
pioceed to ascertain the items and values in the preceding sec¬ 
tion mentioned from the best information it can obtain. 



433 


Sec. 110. Such board shall meet at its office in the State 
capitol annually on the first Monday in March, and shall there¬ 
upon notify each person, firm or corporation whose duty it is to 
make a return or report to such board, the days upon which the 
assessment of the various properties will be taken up and con¬ 
sidered, which day shall be not less than twenty days from said 
first Monday in March. Upon the day so fixed for the consider¬ 
ation of said assessment, the owner of the property to be that 
day assessed, shall have the right to appear in person or by 
agent, attorney or representative and be heard. 

See. 111. If at any meeting the board shall not have in its 
possession satisfactory data upon which to base an estimate of 
the value of the property with the assessment of which it is 
charged, or from any other cause is not able to make or com¬ 
plete any assessment, it may adjourn for any interval of time 
which may, in its opinion, be requisite to accomplish its object; 
and it shall have power to call upon any officer or agent of any 
person, firm or corporation, or upon any receiver in charge of 
the property of any person, firm or corporation, for any records, 
books, or documents of any description pertaining to the busi¬ 
ness of such person, firm or corporation, or for answers to any 
interrogatories which it may deem necessary to an intelligent 
discharge of its duties; and it shall also have power to require 
the attendance of any officer of any corporation, or any other 
person where the testimony of such officer or person may to it 
seem material. 

Sec. 112. The valuation of the property of all persons, firms 
or corporations required by law to be assessed by said board, 
shall be made upon the same principles as the valuation of every 
other species of property; that is to say, the valuation of such 
property shall be made upon the consideration of what a clear 
fee simple title thereto would sell for under the conditions un¬ 
der which that character of property is most usually sold, and 
as evidence tending to show what this would be the State board 
of equalization shall ascertain as nearly as it can and consider 
the average market value of the stocks and bonds of said com¬ 
panies in the markets during the preceding months, and shall 
also take into consideration the estimated investments and val¬ 
uation of said property as returned by the duly authorized offi¬ 
cers and agents of said companies to the railroad commission as 
a basis for the adjustment of rates or charges for service to the 
public by such companies, and all other legal information as to 
such value which they may obtain. 



434 


Sec. 113. The board shall proceed forthwith to examine the 
returns made by all persons, firms and corporations required by 
law to so make the same, and also such information as the board 
may have obtained in addition thereto, and shall determine the 
valuation of the different items of property required to be re¬ 
turned to it, and shall assess such property for taxation at sixty 
per cent of its reasonable cash value; and in case no return has 
been made by or on behalf of such persons, firms or corporations 
on or before the first Monday in March in each year, the board 
may add to the assessment which it makes against such person, 
firm or corporation a penalty of not exceeding twenty-five per 
cent thereof. The assessment herein required to be made shall 
be completed before the first day of June, or as soon thereaftr 
as practicable. 

Sec. 114. Whenever the State board of equalization shall 
have completed the assessment of the property of any person, 
firm or corporation required by law to be assessed by such 
board, they shall give notice in writing by registered mail to the 
owner, officer, agent or attorney making such return, giving 
notice that the assessment of its property has been completed, 
showing the total amount of such assessment. 

Sec. 115. If the owner of the property so assessed is dissatis¬ 
fied with the action of said board, he may within ten days from 
the receipt of said notice give notice in writing to said board 
that he demands an arbitration, giving at the same time the 
name of his arbitrator; the board shall name its arbitrator 
within five days thereafter and these two shall select a third, a 
majority of whom shall fix the assessments on the property on 
which the owner shall pay taxes, and said award shall be final. 
Said arbitrators shall render their award within thirty days 
from the date of the naming of the arbitrator by said board, else 
the decision of said board shall stand affirmed and shall be bind¬ 
ing in the premises. Before entering upon a hearing, said arbi¬ 
trators shall take an oath before an officer authorized to admin¬ 
ister oaths that they will faithfully and impartially make a 
true and just valuation, equalization and assessment of the 
property in question at sixty per cent of its reasonable cash 
value, and will determine the matters submitted to them accord¬ 
ing to law and the justice and equity of the case. In all cases of 
arbitration between the State board of equalization and the 
owner or operator of any property as to the taxable value of 
their said property, the State board of equalization shall ap¬ 
point one of the railroad commissioners to act as arbitrator for 
the State in each case, and it shall be the duty of the said rail- 



435 


road commissioner, when thus appointed, to perform the duties 
of arbitrator without any additional compensation. The per¬ 
son, firm or corporation demanding the arbitration shall pay 
the arbitrator named by him, and the compensation of the third 
arbitrator shall be borne equally by the parties to the arbitra¬ 
tion. 

Sec. 116. When the assessment of any property required by 
law to be assessed by the State board of equalization has been 
completed and determined, either by arbitration or by the 
board, and the time to demand an arbitration has expired, the 
board shall notify the tax assessor of each county in which such 
property so assessed shall be situated, of the amount of such 
assessment in such county, together with a general description 
of the property so assessed shall be situated, of the amount of 
such assessment in such county, together with a general descrip¬ 
tion of the property so assessed, which he must enter in the book 
of assessments in addition to the assessment of other real estate 
or personal property, to be assessed as other property of like 
kind owned by private citizens of his county, and the State 
board of equalization shall also send to the owner or operator of 
such property so assessed a copy of its notification to the tax 
assessor touching assessment. 

Sec. 117. The president, secretary, auditor or managing 
agent in this State of every telegraph or long distance telephone 
company, whose line, or any part thereof, is located within this 
State, must annually, on or before the first Monday in March 
of each year, make, under oath, to the State board of equaliza¬ 
tion, a return of the number of miles of telegraph or telephone 
wire in the State belonging to such company, and the number of 
poles, batteries, instruments, and articles of all kinds, In the 
State connected with its business, specifying the several coun¬ 
ties in which such property is situated, and the items of prop¬ 
erty situated in each of such counties, and if any such company, 
its officers or agents, fail to make such return, within the time 
specified, the State board of equalization must ascertain such 
items of property and values from the best information they 
can obtain. 

Sec. 118. Any person or persons, joint stock association or 
corporation, wherever organized or incorporated, engaged in 
business of operating cars, not otherwise listed for taxation in 
this State for the transportation of freight, whether such 
freight is owned by such company, or any other person or com¬ 
pany over any railway line or lines in whole or in part within 
this State, such line or lines not being owned, leased or operated 



436 


by such company, whether such car to be termed box, flat, coal, 
ore, tank, stock, gondola, furniture or refrigerator cars, or by 
some other name, shall be deemed to be a freight line company; 
any person or persons, joint stock association, or corporation, 
wherever organized or incorporated engaged in the business of 
furnishing or leasing cars of whatever kind or description to be 
used in the operation of any railway line or lines, wholly or 
partially within this State, such line or lines not being owned, 
leased or operated by such company, and such cars not being 
otherwise listed for taxation in this State shall be deemed to be 
an equipment company. Every freight line or equipment com¬ 
pany doing business or owning cars which are operated in this 
State shall annually before the. first Monday in March, under 
oath of the person constituting such company, if a person, or 
under oath of the president, secretary, treasurer, superinten¬ 
dent or chief officer of such association or incorporation, if an 
association or corporation, make and file with the State board 
of equalization a statement in such form as the State board of 
equalization may prescribe showing the gross income of said 
freight line or equipment company received from the railroad 
companies operating wholly or partially within this State; and 
the gross income of said freight line or equipment company 
from every other source whatsoever received within this State. 
It shall be the duty of the State board of equalization before the 
first day of June of each year, or as soon thereafter as practica¬ 
ble, to assess to each freight line or equipment company doing 
business or owning cars which are operated within this State, a 
sum in the nature of a privilege tax or license, of three per cent 
of the gross amount of income from all sources within the State 
reported by each freight line or equipment company. It shall 
be the duty of each freight line or equipment company so as¬ 
sessed to pay the amount of said assessment within the time 
prescribed for the payment of other taxes or license to the audi¬ 
tor of the State, who shall promptly cover the same into the 
State treasury. Should any freight line or equipment company 
fail or refuse to make the statement herein provided for, it shall 
be the duty of the State board of equalization to ascertain the 
gross amount of the income of said freight line or equipment 
company from the report filed with the interstate commerce 
commission of the United States by said freight line or equip¬ 
ment company, and from said reports compute the income of 
said freight line or equipment company on a mileage basis, and 
levy a tax of four per cent on said income of said freight line or 
equipment company, in proportion that the mileage of the rail- 



437 


road companies operating within this State, over which said 
freight line or equipment company operates its cars within this 
State shall bear to the whole mileage, shown by the report tiled 
with the interstate commerce commission of the United States, 
adding thereto fifty per cent of the amount so ascertained, and 
all expenses of obtaining the report filed with the interstate 
commerce commission of the United States as a penalty. The 
tax and penalty herein provided for shall be enforced and col¬ 
lected after becoming delinquent in the same manner and by 
the same means as other taxes are collected, and it shall be the 
duty of the State auditor to enforce it. 

ASSESSMENT OF TAX ON INTANGIBLE PROPERTY 
OF PUBLIC UTILITIES. 

Sec. 119. There shall be subject to taxation m this State, 
the franchises or intangible property and assets of each and 
every corporation, whether organized under the laws of this 
State, or of any other State or government, and of each and 
every individual, association, partnership or company engaged 
as common carrier wholly or partly in this State, in the business 
of transporting freight of any description or passengers, or 
both, over any railroad, including street railroads or of operat¬ 
ing any cars of any kind over any railroads for the transporta¬ 
tion of passengers or of property of any kind for others or for 
the public, including sleeping cars, parlor or palace cars, dining 
cars, chair cars, equipment cars of any and every other kind, or 
engaged in the business of maintaining or operating for gain 
any telegraph or telephone lines, plant or business, or any plant 
or business for the production, manufacture, distribution, or 
sale of gas, electricity, electric light, electric power, water, 
steam heat, and refrigerated air, or other similar substance, by 
means of wires, pipes or conduits constructed, operated or main¬ 
tained on, over, under or through any territory or any street, 
alley, or highway in this State; or in the business of operating 
for gain, any dockage, wharfage, canal, freight, or passenger 
depots, station, or terminals; or engaged in any other business 
which may be dependent upon the grant of public powers or 
privileges, or which may involve the operation of any public 
utility; and of each and every individual, association, partner¬ 
ship, company or corporation which has and exercises, under 
authority granted by charter, statute, or other provision of law, 
whether of this State, or any political subdivision thereof, or 
of any other State or government, any special or exclusive privi- 



438 


lege, franchise, or function, which is or may be dependent upon 
the grant of public power or privileges, or which involves the 
operation of any public utility. Provided, that if any sleeping 
car company shall pay the license or privilege tax of six thou¬ 
sand dollars, such company shall not be assessed for taxation 
under this section. 

Sec. 120. Every individual, association, partnership, com¬ 
pany and corporation engaged in any business embraced or set 
out in the preceding section shall, in addition to the ad valorem 
taxes on tangible property which are now imposed upon them 
by law, annually pay to the State, and there is levied a tax for 
each year, on their franchises or intangible property and assets, 
and local taxes thereon, to each county and municipal corpora¬ 
tion in which its or their business is or shall hereafter be car¬ 
ried on. Said tax shall be at the same rate as the tax on tangi¬ 
ble property, and shall be and become due and delinquent at the 
same time as the taxes on tangible property, and be payable and 
collected in the same Manner; and shall be assessed and levied 
in the manner hereinafter provided. The place or places where 
such local taxes on such property are to be paid, and the man¬ 
ner of the apportionment of the same in cases where more than 
one jurisdiction is entitled to a share of such tax, shall be de¬ 
termined, and the valuation of such property for taxation shall 
be ascertained in accordance with the provisions of this act. 

Sec. 121. Between the first day of January and the first 
day of March in each year, every company, corporation, asso¬ 
ciation and individual embraced within the provisions of sec¬ 
tion 126 of this act, or coming otherwise within its scope and 
intent shall make out and deliver to the State board of equali¬ 
zation of Alabama a statement containing the information here¬ 
inafter prescribed, which statement shall be duly verified by the 
affidavit of one of the officers of the company, corporation, or 
association, or by the individual in whose behalf it is made. 

Sec. 122. Each such statement shall show the following 
items and particulars as the same stood on the next preceding 
first day of October, together with any other facts or infor¬ 
mation that may be called for by said board of equalization. 

1. The name and principal place of business of the com¬ 
pany, corporation, association or individual in whose behalf 
the statement is made, and the character of business engaged 
in. 

2. If a company, association, or corporation, the State or 
government under the laws of which it was incorporated, or 
authorized to do business, the date of original organization, the 



439 


date of re-organization, consolidation, or merger, and the pur¬ 
poses of its incorporation as expressed in its charter or articles 
of association. 

3. The place where all books, papers, and accounts are 
kept, and the names and post office addresses of the president, 
secretary, cashier, treasurer, superintendent, general manager, 
general counsel, directors, and all other general officers there¬ 
of. 

4. The locality of its principal office and the total amount 
and kind of business done by it in-this State, and the total 
gross receipts derived from its business in this State, includ¬ 
ing a due proportion of its interstate business, if it has done any 
business of that character. 

5. Its total authorized capital stock, and the number of 
shares of stock issued and outstanding, and the par or face 
value of each such share. 

6. The market value of said shares of stock; if they have 
no market value, then the statement must show the actual value 
thereof, and the highest price at which any share has been sold 
during the next preceding twelve months. 

7. A brief description of each tract of real estate and of 
the improvements thereon, and of the buildings, structures, 
machinery, fixtures and appliances, and all other tangible prop¬ 
erty and assets owned and assessed, or liable to assessment for 
the same year, within this State, and the location and assessed 
value thereof, and the county, city or town wherein the same is 
assessed for taxation for State and county and municipal pur¬ 
poses, or is liable to assessment. 

8. A brief description of each tract of land and of the im 
provement thereon, and of the buildings, structures, machinery, 
fixtures and appliances, and of all the other tangible property 
and assets owned and held outside of this State, and of all 
other property and assets having a fixed sitils outside thereof, 
and the location of each item of such property, and the purpose 
for which it is used, and whether or not it is specifically used 
in the business of the company, corporation or association, or 
individual in whose behalf the report is made, and its true and 
fair market value, and the sum or value at which it is assessed 
for taxation, and the locality in which it is assessed. 

9. A statement of each and every lien, mortgage, and other 
charge upon the whole or any part of the property of said com¬ 
pany, corporation, association, or individual, and a detailed 
statement of all series of bonds, debentures, or other securi¬ 
ties forming a part of its funded debt, with date of issue, ma- 



440 


turity, and rate of interest, together with a statement of the 
property encumbered or charged thereby, and of the total 
amount of unpaid debts secured by each such mortgage, lien, 
or charge, and of the interest charged thereon, and to what 
extent interest has been paid, and the true and fair market 
value of every such debt. 

10. A statement of the gross income and earnings and a 
statement of the net income and earnings for the preceding fis¬ 
cal year of the person, firm, corporation or association, includ¬ 
ing therein all interest on investments, and all rents, profits, 
revenues, and receipts from every source whatsoever, and a 
statement of the income used for repairs, and of the amount 
used for betterment, and the amount used for extensions. 

11. Every railroad company and telegraph company and 
every telephone company and every pipe line company, shall 
show in each statement made by it the following particulars, 
which are in addition to the foregoing requirements, to-wit: 
(a) The total length of all the lines of said company, whether 
within or outside this State, and (b) the total length of so 
much of said lines as are within this State, and (c) the length 
of its lines in each of the counties and cities or towns of this 
State into or through which its lines extend. The length of 
the lines of the telegraph companies and telephone companies 
shall be estimated and stated according to its mileage of poles, 
conduits, or cables or either. 

12. Every sleeping car company, parlor or palace.car com¬ 
pany, dining car company, chair car company, equipment com¬ 
pany and company operating cars of any and every other kind 
over any railroad, shall also, and in addition to the said fore¬ 
going requirements, show by each of its said statements, (a) 
the total mileage traveled by the cars of the said company dur¬ 
ing the next preceding twelve months, whether within this 
State or beyond its borders, and (b) the total mileage traveled 
by such cars within the State during the same period, and (c) 
the total mileage traveled by such cars within each county, 
and each city or town in this State during said period, pro¬ 
vided that if any sleeping car company shall pay the license or 
privilege tax of seventy-five hundred dollars, such company 
shall not pay the intangible tax, nor make the statements pro¬ 
vided for herein. 

Sec. 123. Every express company shall also, in addition to 
the foregoing requirements having application to such com¬ 
pany, show (a) its total gross receipts from all business done 
under its charter, whether within this State, or outside there- 



441 


of, during the next preceding twelve months, and (b) its total 
gross receipts within this State for the same kind of business 
done during the same period including a due proportion of re¬ 
ceipts from interstate business, and (c) its total gross re¬ 
ceipts in each county or town in this State for the same kind 
of business done during the same period. 

Sec. 124. The State board of equalization of Alabama shall 
receive all such statements offered to it under the provisions of 
this act, and shall endorse upon each the date on which it was 
received, and sign the endorsement officially. It shall examine 
the statements as soon as may be practicable, and if any of them 
be found to be insufficient, or if said board shall believe other 
or further information to be necessary, it shall at once demand 
such additional statements and information as it may think 
proper. 

Sec. 125. The State board of equalization shall carefully 
examine and consider the said statements and information, and 
shall bear evidence and secure further and additional infor¬ 
mation so far as may be in its power, and whenever it may 
deem it necessary so to do, to show the true value of the prop¬ 
erties of such corporations, associations, companies and in¬ 
dividuals, and the true value of that portion thei*eof which is 
situated within this State and within the respective counties 
and cities and towns in this State; and each interested com¬ 
pany, corporation, association or individual may appear be¬ 
fore said board and introduce material and relevant testimony 
before the same touching the true value of its said property 
within this State and the apportionment thereof. From these 
statements, evidence and information adduced before it the 
State board of equalization shall ascertain, fix and determine 
the true value of such property, and of the portion thereof 
which is situated within this State, and the respective value of 
the several portions within the different counties and cities or 
towns in this State in which such portions are taxable, and for 
that purpose said board may require and compel by subpoenas 
to be issued by it, any person or persons, or the officers and 
agents, or any of them, of any company, corporation, or asso¬ 
ciation embraced within the provisions of this act, to appear 
before it with such books, papei*s, documents, and information 
as the board may require, and to submit themselves to examina¬ 
tion by said board, and it shall have all the powers with re¬ 
spect thereto conferred upon it by this act. 

Sec. 126. In so far as the other evidence and information 
adduced before said board does make it appear to said board im- 



442 


proper or unjust for them to do so, the said board shall, in 
fixing the true tax value of the entire property, tangible and 
intangible of any company, corporation, association or indi¬ 
vidual embraced within the provisions of this act, take as a 
basis therefor, the aggregate market or true value of all its 
shares of stock and add thereto the market or true value of 
its entire indebtedness secured by any mortgage, lien, or other 
charge upon its property and assets, and the sum so produced 
shall be deemed and treated as the true cash value of said en¬ 
tire property, tangible and intangible. 

Sec. 127. From sixty per cent of the value of said entire 
property, tangible and intangible, thus ascertained, there shall 
be deducted the assessed value of the entire tangible real and 
personal property of such persons, association, company or cor¬ 
poration, and the remainder of the true value shall by said State 
board of equalization be fixed and determined as the true value 
for taxation of the franchise, or intangible properties owned 
and held by said persons, associations, company or corporation, 
and made subject to taxation by the provisions of this act where 
the business and property of such person, association, com¬ 
pany or corporation is within this State. 

Sec. 128. Where the person, association, company or cor¬ 
poration operates a railroad or car line of any kind, or telegraph 
line, or pipe line, the lines of which extend beyond the State, 
there shall also be deducted from the true cash value of the 
entire property, tangible and intangible, ascertained as above 
provided, the market or true value, ascertained from the in¬ 
formation furnished by said statements, if the value thereof be 
given in said statements, of all real and personal property of 
said person, association, company or corporation not specifical¬ 
ly used in its business, and the remainder shall be treated as 
the true cash value of all its property, tangible and intangible, 
actually used in this business. The State board of equalization 
shall then ascertain and fix the value of the- total property, 
tangible and intangible, in this State by taking such propor¬ 
tion of the cash value of the entire property, tangible and in¬ 
tangible, of such persons, association, company or corporation 
which is specifically used in its business, ascertained as provid¬ 
ed by this act, as its total lines within this State bears to the 
total lines both inside and outside of this State, or as its total 
receipts from within this State, bears to its total receipts from 
both within and without this State. From the entire value of 
the property within this State, tangible and intangible, when 
ascertained as above provided, there shall be deducted the total 



443 


value of the entire real and personal property of said person, 
association, company or corporation in this State, and sixty 
per cent, of the residue and remainder of value shall be by said 
State board of equalization fixed and determined as the true 
value for taxation of the franchise or intangible property of 
such person, association, company, or corporation so operat¬ 
ing said railroad, car line, telegraph line, telephone line, or pipe 
line made subject to taxation by the provisions of this act. 

Sec. 129. The State board of equalization shall apportion 
the value of such franchises or intangible property thus ascer¬ 
tained as in this act provided, among and between the counties 
and cities or towns in which such persons, association, com¬ 
pany, or corporation does business, in proportion to the amount 
of business done in and receipts derived from each locality, ex¬ 
cept that in a case of a railroad or railway company, telephone 
or telegraph company, and electrical power companies, car com¬ 
panies other than express companies, or of a pipe line, the 
apportionment to each county and to each city or town shall 
be in proportion to the line mileage or car mileage therein. 

Sec. 130. The State board of equalization shall make use 
of all evidence put before it, and of all material facts at its com¬ 
mand in valuing the aforesaid properties, and if it shall believe 
some other method of calculation than that herein specifically 
prescribed is necessary in order to produce just and lawful re¬ 
sults it shall follow tiie methods, which, under all the circum¬ 
stances, it believes best calculated to bring about a fair and 
equitable valuation of such property. 

Sec. 131. Within twenty days after making the valuation 
of any such franchises or intangible property, the State board 
of equalization shall give notice in writing by registered mail, 
addressed to or by personal service on any officer, superintend¬ 
ent, cashier, or manager of the owner of said franchises or in¬ 
tangible properties, stating the valuation fixed by it and that 
on a day specified not less than twenty nor more than thirty 
days thereafter, it will meet to hear and determine any com¬ 
plaint against said valuation, which notice must be served at 
least ten days before the day fixed for the hearing. 

Sec. 132. At the hearing the owner may file a statement 
under oath, specifying the respect in which the valuation is in¬ 
correct, upon which testimony may be taken and a full investi¬ 
gation had. 

Sec. 133. Whenever any person or association of persons, 
not being a. corporation, and having no capital stock, shall en¬ 
gage in this State in any character of business embraced within 



444 


the provisions of this act, the capital and property, or the cer¬ 
tificate or other evidences of the rights or interests of the per¬ 
sons engaged in such business, shall be deemed and treated as 
the capital stock of such person or association of persons for 
the purpose of taxation and for all purposes under this act, and 
shall be estimated and valued, and the intangible property 
values thereof, when ascertained, shall be apportioned and dis¬ 
tributed and assessed and taxed under the provisions hereof, in 
like manner as if such person or association of persons were a 
corporation, and each shcIi person and association of persons 
shall annually, within the time and in the manner provided in 
this act, make the statement and reports and give the informa¬ 
tion required by this act of the aforesaid companies, corpora¬ 
tions and associations, and shall he subject to all the penalties 
and to all the terms and provisions of this act. 

Sec. 134. The State board of equalization after having first 
determined and fixed the true cash values of the franchise or 
intangible property within this State of the individuals, com¬ 
panies, corporations, and associations embraced within the 
provisions of this act,.in accordance with the provisions hereof, 
shall annually on or before the first day of July, or as soon 
thereafter as practicable, report to the tax assessor of every 
county and local authorities of each city or town in this State 
in which any part of said franchise or intangible property is 
taxable under the provisions of this act, a description of the 
franchise or intangible property taxable therein, and the value 
thereof apportioned to said county and to said city or town, and 
the name and residence or place of business of the owner, and 
all other necessary particulars. 

Sec. 135. The said property shall thereupon be entered 
by the county tax assessor and local authorities of such city or 
town for taxation in like manner as other property, and shall 
be taxed and the taxes thereon shall be collected as in the case 
of other property. 

Sec. 136. So long as any corporation, company or associa¬ 
tion shall pay all ad valorem taxes on said property required 
by law, the individual stockholders thereof shall not be required 
to list their shares of stock for taxation, or to pay ad valorem 
taxes on said shares, nor shall any such company, corporation, 
association, person or persons, complying with the provisions 
of this act be required to pay any other State, countv or city 
ad valorem taxes on any of its intangible propertv in this 
State. 4 * 



445 


Sec. 137. Every person and association of persons, and 
every company, corporation, or association embraced within the 
provisions of this act which shall fail to make the return and 
statement or any of them herein provided within the time herein 
limited, or which after reasonable notice shall fail to give any 
additional evidence or to furnish any additional notice shall 
fail to give any additional evidence or to furnish any additional 
information required by the State board of equalization by 
authority of this act, shall forfeit and pay to the State the sum 
of fifty dollars for every day during which it shall continue in 
default, which shall be recovered by suit in any court of com¬ 
petent jurisdiction in any county in this State in which the 
business of such person, association, company or corporation is 
carried on. 

Sec. 138. If any person, association, company, or corpora¬ 
tion embraced within the provisions of this act shall fail to make 
the returns and statements, or any of them, required by the 
provisions of this act, or to furnish any other information law¬ 
fully required of it, within the time limited, the State board of 
equalization shall acquire the necessary information from any 
other source upon which to base an ascertainment of the value 
of the intangible property or franchise of such person, associa¬ 
tion of persons, company, or corporation, and shall proceed to 
ascertain the value of such property. 

Sec. 139. If the property of any person, association, com¬ 
pany or corporation shall be in the hands of any receiver, as¬ 
signee, trustee in bankruptcy, or other person holding under any 
court, or for the benefit of any creditor or creditors, then the 
statements, reports, information, books, and papers aforesaid 
shall be furnished by said receiver, assignee, trustee, or other 
person, or by some officer, or agent acting under him, in the 
same manner and to the same extent as is hereinbefore provided 
in cases where the individual, or the corporation, company, or 
association is in possession. 

Sec. 140. Upon the compliance with the provisions of this 
act by the individuals, companies, corporations, and associa¬ 
tions hereby affected, and upon the payment of the taxes Im¬ 
posed hereunder, if any are imposed, said individuals, associa¬ 
tions, companies or corporations shall not be required to pay 
any taxes upon their solvent credits or gross receipts. 

Sec. 141. If the owner of the property so assessed is dis¬ 
satisfied with the action of said board, he may within twenty 
days from the receipt of said notice, give notice in writing to 
said board that lie demands an arbitration, giving at the same 



446 


time the name of his arbitrator; the board shall name its arbi¬ 
trator within five days thereafter, and these two shall select 
a third, a majority of whom shall fix the assessments on the 
property on which the owner shall pay taxes. If the two arbi¬ 
trators so selected fail within ten days to agree upon an umpire, 
they, or either one of said arbitrators shall certify to the Gov¬ 
ernor the failure to agree, and the Governor shall thereupon 
appoint such umpire, and the award of the arbitrators shall be 
final. Said arbitrators shall render their award within thirty 
days from the date of the naming of the umpire, else the deci¬ 
sion of said board shall stand affirmed, and shall be binding in 
the premises, provided that if in the opinion of the State board 
of equalization a longer period than thirty days is required to 
properly complete the work of arbitration, the board is hereby 
authorized and empowered by an order duly made and entered 
to extend the time for the completion of such arbitration for 
such reasonable time as may be necessary, but in no event later 
than September first. Before entering upon a hearing, said 
arbitrators shall take an oath before an officer authorized to 
administer oaths that they will faithfully and impartially make 
a true and just valuation, equalization and assessment of the 
property in question at sixty per cent, of its reasonable cash 
value, and will determine the matters submitted to them accord¬ 
ing to law, and the justice and equity of the case. In all cases 
of arbitration between the State board of equalization and the 
owner or operator of any property, the State board of equaliza¬ 
tion shall appoint one of the railroad commissioners to act as 
arbitrator for the State in each case, and it shall be the duty 
of the said railroad commissioner, when thus appointed, to per¬ 
form the duties of arbitrator without any additional compensa¬ 
tion. The person, firm or corporation demanding the arbitra¬ 
tion shall pay the arbitrator named by him, and the compensa¬ 
tion of the third arbitrator shall be borne equally by the parties 
to the arbitration. 

Sec. 142. In any assessment by State, county or municipal 
authority of the franchise or intangible property of any person, 
association, company or corporation subject to the provisions of 
this act, it shall be sufficient to describe the franchise or in¬ 
tangible property .herein made subject to taxation on the assess¬ 
ment books or rolls as. The portion of 

. (name of county or city or town) of the 

franchise or intangible property of. (name • 

of owner of such franchise or intangible property). 






447 


THE TAX COLLECTOR AND THE COLLECTION OF 

TAXES. 

Sec. 143. There shall be elected, at the time, in the manner, 
and for the term provided by law, a tax collector for every 
county in the State, who shall perform such duties as are or may 
be prescribed by law, and whose term of office shall begin on 
the first day of October next after his election. The term of 
office of tax collectors now holding office shall extend to Octo¬ 
ber 1st, 1917. 

Sec. 144. Before entering upon the discharge of the duties 
of his office, the tax collector must execute a bond in duplicate, 
in double the probable amount of the taxes that may at any one 
time be in his hands, to be determined for every county by the 
State auditor, payable to the State of Alabama, with at least 
two sufficient sureties, or surety company qualified to do busi¬ 
ness in Alabama, to be approved by the judge of probate of his 
county and conditioned faithfully to discharge the duties of his 
office, which are or may be required by law during the time he 
continues therein, or discharges any of the duties thereof. One 
of such duplicates shall be filed and recorded in the office of 
the judge of probate and the other shall be filed in the office 
of the State auditor, on or before the first day of September 
next after liis election. 

Sec. 145. Such bond shall operate from the date of its 
execution as a lien in favor of the State and ’county, on the 
property of the tax collector, and from the date of his default, 
on the property of the sureties thereon, for the amount of any 
judgment that may be rendered against such tax collector for 
the breach of any official duty; and any new or additional bond, 
given in pursuance of law by the tax collector, shall operate as 
a like lien. 

Sec. 146. He shall also, before entering upon the dis¬ 
charge of the duties of his office, file in the office of the judge 
of probate of his county, an oath in writing, that he will faith¬ 
fully and diligently discharge all the duties which are or may 
be imposed upon him by law; and such oath must also be 
recorded. 

Sec. 147. The tax collector shall keep his office open at 
the court house from the first day of September until the first 
day of June following, and in counties having forty thousand 
or more inhabitants, he shall keep his office open all the year 
round. In all counties of the State the tax collector shail be 
required between the first day of October and the first day of 



448 


January in each year to visit each precinct in the county by 
himself or by deputy to collect the taxes, and he shall give the 
same notice of such appointments as is given by the tax assessor. 

Sec. 148. The tax collector is authorized to appoint depu¬ 
ties, and the acts of such deputies shall be recognized as his 
acts, and he shall be responsible for any loss sustained by any 
tax payer, or by the State or county, by reason of acts done by 
such deputies in the line of their powers and duties. Such 
deputies shall receive no compensation for their services out of 
the State or county revenues. 

Sec. 149. The tax collector shall be entitled to receive com¬ 
missions on taxes collected by him as follows, to-wit: In coun¬ 
ties where collections do not exceed twelve thousand dollars, 
the rate of commission shall be eight per cent, on the first 
thousand dollars, four per cent, on the second thousand dollars, 
and two per cent, on the. remainder. In counties where the 
collection exceeds twelve thousand dollars, the commission shall 
be as above declared up to twelve thousand dollars, and one 
and one-half per cent, on the remainder up to sixty thousand 
dollars, and on all above sixty thousand dollars, one per cent. 
He shall also be entitled to receive two per cent, on all collec¬ 
tions made by him of special taxes, whether such special taxes 
be levied for the State or county to lie paid out of such special 
taxes. The collector may retain his commissions upon col¬ 
lections when he makes payment into the State treasury. Pro¬ 
vided, that after the expiration of the present terms of tax 
collectors, no commissions shall be allowed or received on tlie 
collection of any local or special county school taxes. 

Sec. 150. For making actual demand on delinquent tax 
payers, the collector shall be entitled to receive a fee of fifty 
cents from each tax payer on whom such demand is made, 
which shall be charged against such tax payer and collected for 
the use of the collector in the same manner and by the same 
means as taxes are collected, but he shall charge only one fee 
against each tax payer. For making a levy on and sale of 
personal property for the colletcion of taxes, the collector shall 
be allowed a fee of one dollar, to be collected out of the prop¬ 
erty, and in addition thereto, he shall be authorized to collect 
out of such property the actual expenses of keeping and mov¬ 
ing the same to the place of sale, provided that the collector may 
sell any personal property levied on at any place in the precinct 
that he may determine, or may move the same to the court 
house of the county for sale. For the levy on and sale of a 
tract, parcel or lot of land assessed to one owner, or to “owner 



449 


unknown,” the collector shall receive a fee of fifty cents in addi¬ 
tion to the demand fee on such delinquent taxpayer, the said 
fees to be made a part of the decree of sale and collected with 
the taxes due on the land sold or levied on for sale. 

Sec. 151. He shall also be allowed the actual cost of trans¬ 
mitting his collections to the State treasurer, the same to be 
paid out of the treasury, or credited to the collector upon his 
making his annual settlement with the State auditor. 

Sec. 152. After the first day of January the collector must 
make a personal demand in writing, upon delinquent tax pay¬ 
ers, or their agents, charged with the duty of paying their taxes, 
whenever they may be found, for the amount of their taxes 
and fees, and when unable to find them, he shall leave such 
demand at their places of business or residence; or make de¬ 
mand by rgistered letter directed to his last known place of 
business or residence return card demanded. And it shall be 
the duty of such delinquents forthwith to pay the taxes and fees 
assessed and charged against them. But a failure to comply 
with the requirements of this section shall not invalidate the 
title to any property sold for taxes. 

Sec. 153. If the taxes are paid after they become delin¬ 
quent, the tax payer shall pay all costs, fees* and charges, if 
any, that may at the time of payment have lawfully accrued. 
The tax collector shall for the year 1915 make publication by 
three weekly insertions immediately before said taxes become 
due in some newspaper published *in the county of the time 
when the taxes become due and delinquent. But such notice 
shall not be published thereafter. 

Sec. 154. All taxes after becoming delinquent, bear inter¬ 
est at the rate of eight per centum per annum; and such interest 
must be added to and collected as part of the taxes, and re¬ 
ported in such manner as the State auditor may prescribe. 

Sec. 155. Upon the payment of taxes and fees and costs, if 
any, assessed and charged against him, by any tax payer, the 
collector shall give a receipt therefor from the* book mentioned 
in the next section, showing the name of the tax payer, the date 
of the payment, the total assessed value of real and personal 
property, separately, and stating the aggregate of the State, 
county, and special taxes collected together with the interest, 
costs and fees; and such receipt shall be prima facie evidence 
that such tax payer has paid all his State and county taxes 
for that year on the real and personal property, and other sub¬ 
jects of taxation contained in his assessment list, and all fees 
and costs mentioned in such receipt. The tax collector shall 


15 GA 



450 


receive from any person interested the taxes on any specific 
item of property, where separated on the assessment list, and 
give a receipt therefor, describing the property for which said 
tax is paid. 

Sec. 156. The collector shall keep a book or books of re¬ 
ceipts with duplicate sheets for each tax year from which all 
receipts given to tax payers must be taken; and on payment 
by any tax payer the collector shall enter on the duplicate from 
which the receipt is taken the name of such tax payer, the date 
of payment, and the aggregate amount of taxes and the interest 
and costs as specified in the receipt prescribed in the preceding 
section, and such duplicate and the receipt taken therefrom 
shall bear the same number and correspond in all respects. 
Such book or books at the end of the tax year shall be deliv¬ 
ered by the collector to the chairman of the court of county 
commissioners, or other court or board of like jurisdiction, and 
the production thereof by the collector may be compelled by the 
court of county commissioners at any time before such delivery. 

Sec. 157. After the first day of January of each year, the 
tax collector must proceed, without delay, to levy upon any 
personal property of delinquent tax payers for the payment of 
their taxes, and after having first given ten days notice of the 
time and place of sale, with a description of the property to be 
sold, by posting the same at three or more public places in the 
precinct of the residence of such delinquent, either at the time 
of assessment or of the levy, or if he is a non-resident of the 
county, in the precinct in which the levy was made, he must 
sell the same, or so much thereof as may be necessary to satisfy 
the taxes, fees and expenses of sale, including expenses of 
keeping the property and moving the same to place of sale, in 
front of the court house of the county, or at the voting place, or, 
in case the amount of taxes does not exceed five dollars, at any 
other place in the precinct in which such notice was posted, at 
public outcry to the highest bidder for cash; and the property so 
sold shall not be subject to redemption. For making such sale, 
the collector shall be allowed a fee of one dollar, to be collected 
out of the property. But such tax payer may, at any time 
before the sale pay the taxes, interest, fees and expenses, includ¬ 
ing the collector’s fees for the sale, the same as if it has been 
made, and thereby discharge the levy. 

Sec. 158. The proceeds arising from such sale shall be 
applied to the payment of the expenses of the sale, and of the 
taxes, interest and fees due from such tax payer, and any bal¬ 
ance remaining shall be paid to the owner of the property, if 



451 


present at the sale; if not present, or if present, and he refuses 
to receive the same, the collector shall deposit such balance with 
the county treasurer; or if there be no county treasurer, with 
such other officer entrusted with the county funds, taking a 
receipt therefor, and the same shall be kept as a special fund; 
and whenever such owner shall apply to the collector for such 
balance, the collector shall deliver to him the receipt therefor, 
and upon presentation thereof by such owner, the officer with 
whom such deposit was made shall pay to him the amount ex¬ 
pressed in the receipt. But if such excess is not called for in 
three years after such sale, by the person entitled to receive 
the same, upon the order of the commissioner’s court or board 
of revenue, stating the case or cases in which such excess was 
paid, together with a description of the property sold, when 
sold, and the amount of such excess, the county treasurer shall 
pass such excess money to the credit of the general fund of the 
county, and make record of the same on his books, and such 
money shall thereafter be treated as a part of the general 
fund of the county. 

Sec. 159. No property, whether exempt by law from taxa¬ 
tion or not, shall be exempt from levy and sale for the payment 
of taxes and the fees and charges lawfully incurred in assessing 
and collecting the same. 

Sec. 160. If the collector ascertains, or has just cause to 
believe that any person is indebted to, or has in his posession 
or under his control, any money, property, or choses in action 
belonging to any delinquent tax payer in his county, he shall 
forthwith serve upon such person a notice in writing to appear 
before some court of the county having jurisdiction of the 
amount involved, naming the court, to answer as garnishee, and 
under oath, whether he was indebted to such tax payer at the 
time of the service of the notice, or at the time of making his 
answer, or whether he will be indebted to him by any contract 
then existing, and if so, the amount of such indebtedness; and 
whether he has in his possession, or under his control, any and 
what money, property, or choses in action belonging to such tax 
payer; and in such notice he shall state the amount of the taxes 
and fees due from such tax payer. He shall also forthwith give 
such tax payer, if in the county, written notice of the service of 
such garnishment; and the garnishment and notice he shall, 
without delay, return executed to the court before which the 
garnishee is cited to appear. And it shall be the duty of the 
collector, as far as by diligent inquiry he can, to ascertain what 
persons are indebted to or have in their possession any money, 



452 


property or choses in action belonging to any delinquent tax 
payer. 

Sec. 161. Such proceedings shall be conducted in the name 
of the State; and if the notice served on the garnishee is return¬ 
able before a justice of the peace, the garnishee must answer 
within three days after service; if before the circuit court or 
court having like jurisdiction, he must answer within the first 
three days of the term next thereafter, if service was made upon 
him ten days before the commencement of the term; but if not, 
within ten days after service, if-the court is in session, at the 
second term next thereafter; and thereupon, or in event of a 
failure to answer, such proceedings and judgment may be had 
as in cases of garnishments on judgments. 

Sec. 162. If the garnishment is returnable before a justice 
of the peace, the collector shall be entitled to one dollar, and 
•the justice to two dollars, for their services in each case; if 
before the circuit court, or court having like jurisdiction, the 
clerk and sheriff shall be entitled to the same fees as in cases 
of garnishments on judgments, and the collector to two dol¬ 
lars. 

Sec. 163. The shares or interests in the stock of private 
corporations are subject to levy and sale for the payment of all 
taxes assessed against the owner thereof. To accomplish such 
levy and sale, the tax collector shall make out and certify to the 
judge of probate a bill against such owner for the amount of the 
taxes due from him and any fees due the assessor or collector, 
and upon the approval thereof by the judge of probate, in writ¬ 
ing endorsed thereon, such bills shall operate as a fieri facias, 
and thereupon such shares and interests may be, by the tax 
collector or his deputy, levied upon and sold for the payment 
of such taxes, interest and fees, and all costs, without having or 
obtaining the possession of said stock, by indorsement on the 
bill approved by the judge of probate, stating the number of 
shares or other interests on which the levy is made, and giving 
notice thereof to the custodian of the books of transfer of such 
corporation, if he be knowrn and reside within the State, or if he 
is unknowm, or if he reside without the State, by posting at the 
court house door of the county, and by publication for three 
successive weeks, in a newspaper published at or near the prin¬ 
cipal place of business of such corporation ; all transfers of the 
stock made in good faith, for a valuable consideration, before 
notice of the levy is given, are Valid and operative, and niust 
prevail over the levy. The levy and the sale thereunder may 
be made in the county of the residence of the tax payer, or in 



453 


the county in which the corporation has its principal place of 
business; and on making the sale, the tax collector must make 
to the purchaser a transfer in writing; and the purchaser has 
the right to require the proper officer to register such transfer 
on the books of the corporation, and with or without such reg¬ 
istry, is entitled to all the rights and .interest of the tax payer 
as whose property such stock was sold. 

Stec. 164. When no personal property can be found out of 
which the taxes of any delinquent tax payer can be collected, or 
an amount insufficient to fully satisfy such taxes, the real 
estate of such tax payer, or the real estate upon which such 
taxes are a lien, shall be sold for the payment thereof, or of the 
balance due thereon, in the manner hereinafter in this act pre¬ 
scribed. But the failure of the tax collector to so exhaust such 
personal property shall not iavalidate the sale of any real 
estate, but it shall render the tax collector and the sureties on 
his official bond liable for the cost, which he shall be put to in 
redeeming such real estate, over and above the amount of the 
taxes, for the collection of which the sale is made, and interest 
thereon provided for in case of such redemption. 

Sec. 165. The tax collector must, in each year, report on 
oath to the court of county commissioners, at the June term 
thereof, a list of the persons from whom the taxes assessed 
against them cannot be collected with the amount of the taxes, 
State and county, assessed against each, which shall be termed 
“list of insolvents,” and a list of such persons as have been 
over-assessed, or wrongfully assessed, with the taxes, State and 
county, assessed against each, which shall be termed “list of 
errors in assessments,” and any taxes which may be in litiga¬ 
tion, in order that the same may be passed upon and deter¬ 
mined by the court. 

Sec. 166. At the same term, such court shall make a care¬ 
ful and rigid examination of such lists, and of the facts pertain¬ 
ing thereto, and shall ascertain and determine what taxes con¬ 
tained in the list of insolvents the collector could not, by the use 
of due diligence, have collected, and what taxes contained in the 
list of errors in assessments should not have been collected by 
him, by reason of such errors, and shall correct such lists ac¬ 
cordingly, and shall credit the collector with the county taxes 
contained in such lists as corrected; and shall ascertain what 
taxes are in litigation and credit the collector with the county 
taxes so in litigation. 

Sec. 167. Within ten days after the adjournment of the 
term of the court at which such allowances were made, the 



454 


presiding officer of the court must certify to the State auditor, 
separately, the itemized lists, as ascertained and allowed by the 
court, of insolvent taxes, errors in assessments and taxes in 
litigation, showing in each instance, the name of the tax payer 
and the amounts of State taxes and special taxes charged 
against him; and, in the case of taxes in litigation, showing also 
when and in what court suit was brought; and if such lists.are 
found to be correct, the State auditor must, upon the final set¬ 
tlement of the collector allow him credit for the amount of 
State taxes and special State taxes shown by such lists. 

Sec. 168. Upon the allowance and credit to the tax collec¬ 
tor of insolvent taxes and taxes in litigation, as provided in the 
two preceding sections, the court shall, in behalf of the county, 
state a new account against the collector for the amounts of 
insolvent county taxes and county taxes in litigation so al¬ 
lowed and credited; and upon allowance by the State auditor 
of the credits for insolvent State taxes and State taxes in 
litigation, as provided in the preceding section, a new account 
must be stated by the State auditor against the collector for the 
amounts of insolvent State taxes and State taxes in litigation 
so allowed and credited; and the collector shall remain charged 
with such sums until the liability is discharged, as hereinafter 
provided. 

Sec. 169. Within twenty days after such allowances are 
made, the presiding officer of such court shall, from the list of 
insolvent taxes so allowed, make out and deliver to the collector 
a separate list for each precinct in the county, showing the 
name of each insolvent tax payer, and the amounts of State 
and county taxes, and costs, if any, due from him; and such 
collector shall receipt for such lists. 

Sec. 170. It is the duty of the collector to proceed with 
all diligence to collect such insolvent taxes and to make monthly 
reports, payments and settlements thereof, with the State 
auditor, and county treasurer, as he is authorized and required 
to do in the collection of taxes which have not been declared 
insolvent; and he is entitled to the same commissions upon 
such insolvent taxes collected by him as are allowed by law 
upon the same character of taxes which have not been declared 
insolvent. 

Sec. 171. At the June term of the court held during the 
year next succeeding the collector must make final report of 
the uncollected balance of such insolvent taxes, showing the 
name of every insolvent tax payer from whom he has been 
unable to collect, and the amounts of State and county taxes 



455 


due from him, and an itemized report of the taxes still in liti¬ 
gation; and, thereupon, if the court is satisfied that the col¬ 
lector has made diligent effort to collect such taxes, the court 
shall make an order allowing the collector credit for such insol¬ 
vent taxes as he has been unable to collect and for taxes remain¬ 
ing in litigation, and shall credit him with all county taxes 
included therein; and the presiding officer shall certify the 
same to the State auditor, who shall thereupon credit the col¬ 
lector with the State taxes included in the lists so allowed. The 
account for taxes remaining in litigation shall thereafter be 
kept in such manner as the State auditor may prescribe. 

Sec. 172. If the collector, while charged with the collection 
of insolvent taxes and taxes in litigation, shall retire from 
office before the expiration of the time allowed him to make 
such collections, he shall make, to the next term of the court 
thereafter, the report required by the preceding section; where¬ 
upon allowances must be made and certified and credits en¬ 
tered as provided in said section; but his successor in office 
must be charged with the several accounts so credited to the 
retiring collector, and is charged with the duty of collecting, 
reporting, and paying the same, and making final report of 
uncollected balances in all respects as if no change in office had 
been made. 

Sec. 173. It shall be the duty of the tax collector, whenever, 
upon information or otherwise, he has good reason to believe 
that any person owing taxes, whether due or not, is about to 
leave or remove his property from the county, and thereby the 
collection of such taxes is endangered, to make out and certify to 
the judge of probate a bill against such person for the amount 
of such taxes and any fees due the asssessor or collector; 
and upon the approval thereof by the judge of probate, in writ¬ 
ing, indorsed thereon, such bill shall operate as a writ of fieri 
facias, which the collector is authorized to execute by levy and 
sale, in the same manner as sheriffs are authorized to execute 
such writs when issued out of the circuit court. 

Sec. 174. On failure of the collector to act when notified 
that any person assessed is about to leave the county, he shall 
be liable for the amount of the taxes assessed against such per¬ 
son. 

Sec. 175. When the collector has information that any 
person owing taxes in his county, whether due or not, has 
removed to another county, he shall make out and certify to the 
judge of probate a bill against such person and procure the 
approval thereof by the judge of probate in all respects as pro- 



456 


vided in the second preceding section, and such bill shall oper¬ 
ate as a writ of fieri facias; and the same may be executed by 
the collector, if the personal property of the tax payer be found 
in his county, or may be by such collector forwarded to the col¬ 
lector of the county to which the tax payer has removed, or to 
the collector of any county in which the tax payer has any 
personal property; and the collector of such other county, on 
receipt of the writ, must proceed to execute the same as if issued 
in his county. He shall remit collections thereon to the col¬ 
lector sending him the writ, and is liable on his bond for any 
neglect of duty under this section. 

Sec. 176. It is the duty of the collector, when engaged in 
the collection of taxes for any year, if he discovers that any 
person or property within his county has not been assessed with 
the tax or taxes lawfully chargeable to such person or property 
for that year, or any preceding year not more than five years 
before that time, forthwith to assess and collect the taxes due 
on the same, and in writing notify the assessor of the fact so 
discovered in order that proper assessment of unassessed taxes 
may be made; and the collector has the same authority to ad¬ 
minister oaths and propound questions as the assessor has, and 
any party failing or refusing to answer such questions, or to 
give in his property, shall be liable to the same penalties as 
provided in cases where parties fail or refuse to return their 
property to the assessor, or answer the questions required to 
be propounded by the assessor; provided that in such assess¬ 
ments of escaped taxes, the tax payer on giving notice to the 
tax collector, shall have the right to have his assessment passed 
on by the county board of equalization, and such assessments 
modified, or rejected, as the evidence adduced to said board shall 
require. 

Sec. 177. Whenever the collector assesses and collects any 
escaped taxes, he shall forthwith report the same to the tax 
assessor who shall enter such assessment in the back part of the 
book of assessments, and shall certify the amount collected and 
the items of property so assessed in the form of an abstract to 
the State auditor, and the collector is chargeable with the same 
to the amount of taxes due the State and county, respectively. 

Sec. 178. The tax collector shall keep a separate account 
of the amount of the poll tax paid by persons of each race in 
each township or separate school district. 

Sec. 179. The collector must report and pay into the State 
treasury on the first and fifteenth of each month, as other taxes 
are reported and paid in, all poll taxes collected by him; and 



457 


he shall make a report thereof in duplicate, showing the amount 
due each race in each township or separate school district, one 
of which reports he shall furnish to the county superintendent 
of education of his county, and the other he shall forward to 
the superintendent of education. 

Sec. 180. The collector must, within ten days after mak¬ 
ing his final settlement with the State auditor make to the 
county superintendent and to the superintendent of education 
each, a consolidated report of the amount of poll tax collected 
by him during the year and paid into the State treasury, show¬ 
ing by township or separate school district the amounts col¬ 
lected from each race separately. 

Sec. 181. The tax collector on the first.and fifteenth days 
of November in each year, and on the first and fifteenth day of 
each month thereafter until he makes his final settlement for 
such year, shall make, under oath, to the county treasurer, or 
if there be no county treasurer in the county, to the custodian 
of the funds of the county, an itemized report in writing, a copy 
of which shall be by the collector, forwarded to the State audi¬ 
tor, setting forth separately the taxes collected by him for the 
State and county since the making of his last report, and within 
five days after making such report, he must pay to the State 
treasurer all State taxes then due from him to the State, and 
must also pay to the county treasurer all county taxes then 
due from him to the county, by him, before that time collected. 
The county treasurer shall give to the tax collector a receipt 
in duplicate for such semi-monthly report, one of which dupli¬ 
cates shall be promptly forwarded to the State auditor by the 
tax collector. 

Stec. 182. The officer receiving such report must, within 
three days thereafter, report in writing to the State auditor the 
amount of State taxes collected by the collector, as shown by his 
report ; and if the collector fails to make his report within the 
time required by law T , such officer must, within three days 
thereafter, report this fact to the State auditor; and the State 
auditor shall promptly report to the Governor any failure on 
the part of a collector to comply with the provisions of the 
preceding section. 

Sec. 188. The tax collector must also, on or before the 
twentieth day of January and the twentieth day of April in each 
year render an account to the State auditor, under oath, of the 
amount of taxes collected by him for the current year on or 
before the first days of January and April respectively, and 
upon each accounting, shall be allowed by the State auditor, 



458 


the amount then due him for commissions, fees, expenses and 
outlays in the discharge of his duties, as provided by law. 

Sec. 184. On or before the first day of July in each year, 
the tax collector must make final settlement, under oath, with 
the State auditor, of all matters pertaining to the office of tax 
collector, and pay over to the State treasurer the balance which 
may be found due from him for taxes with which he is charge¬ 
able under the laws of the State; and at that time he must also 
account to the State auditor and pay over to the State treasurer 
all money received by him for the sale of lands and other prop¬ 
erty which may have been sold for payment of taxes, and also 
account to the State auditor for all the lands bought in by the 
State. He must also report under oath, to the State auditor, 
and pay over to the State treasurer, all escaped taxes assessed 
and collected by him. That for the failure of any tax collector 
to make any of the settlements herein required to be made by the 
tenth day of July of each year, he shall forfeit $10.00 per day 
due him on the amount which may be due and payable by him 
on such settlements respectively; and it shall be the duty of the 
State auditor, or the county treasurer, or custodian of county 
funds, as the case may be, to withhold all commissions in cases 
where settlements are not made by the said tenth day of July 
of each year. 

Sec. 185. The collector must also, on or before the first day 
of July in each year, make final settlement, under oath, with 
the county treasurer for all the county taxes, which have been 
assessed and levied for the use of the county, and then pay over 
to the county treasurer the balance of the county tax due from 
him as such tax collector, and not paid over prior to that date. 

Sec. 186. On the death of any tax collector, his personal 
representative, general or special must, out of the first moneys 
that come into his hands, belonging to the estate of his dece¬ 
dent, and as soon as the same come into his hands, pay to the 
proper State and county officers the amount of public funds col¬ 
lected by such decedent, not paid over by him at the time of his 
death, and must make settlement with such officers of any 
unsettled accounts of such decedent with the State and county 
touching the affairs of his office as soon as practicable, and not 
later than the time when tax collectors are required to make 
final settlements. 

Sec. 187. Whenever any tax collector collects any special 
taxes, he shall specify in the receipts given to tax payers the 
amount of such taxes, and the purpose for which they were 
levied and collected. 



459 


Sec. 188. Such special taxes, when collected, must be paid 
over by him to the county treasurer, and the county treasurer 
receiving such special taxes shall keep the same separate and 
distinct from all other public funds, and shall keep a separate 
account thereof, and shall promptly disburse the same upon 
orders drawn thereon hy the legally authorized authority. 

Sec. 189. When the object for which such special taxes 
were levied and collected shall have been accomplished, or for 
any other reason, the same are no longer required for the pur¬ 
pose for which they were levied, the parties charged with the 
administration or application thereof shall notify the treasurer, 
who shall thereupon close the account of such taxes, and trans¬ 
fer any balance remaining to the account of the general fund of 
the county. 

Sec. 190. In cases where there is no provision of law au¬ 
thorizing the collection of taxes by suit, the taxes which shall 
become due under the provisions of this act to the State or to 
any county, city or town, may after the same shall become de¬ 
linquent, be collected by the State or by any county, city or 
town by suit in any court of competent jurisdiction. 

Sec. 191. Any municipal corporation in this State may by 
ordinance duly adopted provide for the assessment, equaliza¬ 
tion and collection of taxes due such municipality by the offi¬ 
cers and. boards, provided in this act, and all the machinery 
herein provided for the assessment, equalization and collection 
of State and county taxes, the enforcement of such collection, 
the sale of property for the collection of taxes, and the redemp¬ 
tion from such sales shall be applicable to the assessment and 
collection of such municipal taxes, the sale of property for the 
collection of such municipal taxes, and the redemption from 
such sales, provided that the assessor and collector shall receive 
such compensation as may be fixed by the governing body of 
such municipality, not to exceed one-fourth of one per cent, for 
assessing and one-fourth of one per cent, for collecting. 

SALE OF LANDS FOR THE PAYMENT OF TAXES. 

Sec. 192. The probate court of each county is empowered 
to order the sales of lands therein for the payment of taxes 
assessed on such lands, or against the owners thereof, when the 
tax collector shall report to the court that he was unable to 
collect the taxes assessed against such land, or any mineral, 
timber, or water right, or special right, or easement therein, or 
the owner thereof, without a sale of such land. 



460 


Sec. 193. It shall be the duty of the tax collector, at the 
expense of the county, to procure a substantially bound book, 
in which he shall enter, in the manner usual in docketing 
causes for trial in the circuit court, each parcel of real estate, 
or right or interest, or easement therein, assessed to any person 
against whom taxes have been assessed which are not paid, 
when a portion or all of such taxes are on such real estate, or 
right or interest or easement therein, describing the same in the 
same manner as it is described in the assessment list, and stat¬ 
ing the amount of the unpaid taxes, penalties, fees and charges 
due by such person, specifying the amount due the State, and 
due the county, and that for fees and charges; and he shall, 
in like manner, enter in such book each parcel of real estate, 
or right or interest or easement therein, which has been assessed 
to an “owner unknown” and the amount of taxes, fees, and 
charges due thereon, stating in each case the fact that it was so 
assessed. The description of such real estate or right or 
interest or easement therein, shall be entered in alphabetical 
order, by precincts of the residence of the owners, if known, 
and they reside in the county; but if they are unknown or do 
not reside in the county, then by the precincts in which the real 
estate is situate. 

Sec. 194. Such book shall be prepared in a neat and orderly 
manner, in a fair and legible handwriting, with sufficient space 
in each case to make the necessary entries, and, in other par¬ 
ticulars, in a manner suitable for the purposes for which it is 
to be used; and if it is not thus prepared, the judge of probate 
shall cause it to be so prepared at the expense of the collector, 
and the cost thereof shall be deducted from his compensation. 
Such books shall be delivered to the judge of probate on or 
before the first day of March; but if from any cause, there has 
been a failure to deliver the same by that time, it may be deliv¬ 
ered thereafter. 

Sec. 195. On receiving such book, and as speedily as prac¬ 
ticable, the judge of probate shall issue a notice addressed to 
each person against whom any unpaid taxes are assessed, as 
shown by such book, substantially in the following form: State 

of Alabama, .County. To.; 

the tax collector has filed in my office a list of delinquent tax 
payers, and of real estate upon which taxes are due. You are 

reported as delinquent, and your tax amounts to. 

with costs added. This is to notify you to appear before the 
probate court of said county at the next term thereof, com¬ 
mencing on Monday, the. day of., then and 








461 


there to show cause, if any you have, why a decree for the 
sale of property assessed for taxation as belonging to you, 
should not be made for the payment of the taxes thereon and 

fees and costs.Judge of Probate.” Such 

notice must be served by the tax collector, or his deputy, by 
handing a copy thereof to the party to whom it is addressed, or 
his agent, or by leaving a copy thereof at the residence or place 
of business of such party, or his agent; and with his endorse¬ 
ment thereon, showing how and when served, showing his rea¬ 
sons for not serving the same, it must be by the collector or his 
deputy returned into court on or before the first day of the 
next term thereof. If the party against whom such assess¬ 
ment was made has since died, and letters testamentary or of 
administration have been granted upon his estate, such notice 
must, in like manner be served on his personal representative, if 
a resident of the county. If the property or other subjects 
embraced in any assessment were returned or listed by a 
guardian, or other person, for a minor, or person of unsound 
mind, or by a trustee for his cestui que trust, except husband 
for wife, or by personal representative for the estate of any 
deceased person, or by a public officer, receiver, or appointee 
of any court, such notice must in like manner, be served on 
the party making the return, or his successor, and also by pub¬ 
lication or posting, as provided in the next succeeding section; 
and the book to be prepared and delivered to the judge of 
probate by the collector, must show, in each case, by whom such 
returns were made. 

Sec. 196. If the person against whom such assessment is 
made is a non-resident of the county, and has no agent therein 
known to the tax collector, or if he has died since making the 
return and there is no executor or administrator of his estate 
residing in the county, such notice may be given by publishing 
the same in a newspaper published in the county, or if no 
newspaper is published therein, by posting the same at the 
court house of the county for three weeks. 

Sec. 197. When any assessment is made to an “owner 
unknown” notice must be given by publication once a week for 
three successive weeks, in a newspaper published in the county 
or if no newspaper is published therein, by posting the same 
at the court house of the county for three weeks, substantially 

in the following form : “The State of Alabama,.. 

County. “To whom it may concern: Take notice that the tax 
collector has filed in my office a list of delinquent tax pavers, 
and of real estate upon which taxes are due; and therein is re- 





462 


ported as assessed to ‘owner unknown 5 the following real 
estate, to-wit: (here insert descriptions.) This is to notify 
you to appear before the probate court of this county, at the 
next term thereof, commencing on Monday, the . day 

. 9 then and there to show cause, if any you have, why 

a decree for the sale of said real estate should not be made for 
the payment of the taxes assessed upon the same, fees and 

costs. 55 ...Judge of Probate. 55 In answer 

to such notice, any person having an interest in or claim to such 
real. estate, may appear and defend against the proceedings 
seeking to condemn the same to sale for the payment of the 
taxes assessed thereon. When practicable, all real estate so 
assessed for any one year, must he incorporated in one notice, 
a separate paragraph only, in addition to the caption and con¬ 
clusion, being given to the description of the real estate em¬ 
braced in each assessment. 

Sec. 198. The publication of notices under the three preced¬ 
ing sections is governed by the provisions of this act relating 
to the publication of notices of sale of land, so far as the same 
may be applicable, and the tax collector may select the news¬ 
paper in which any notice under this article shall be given, but 
all legal notices relating to the sale of land for taxes shall be 
inserted in the same newspaper for the tax year. 

Sec. 199. If the service of notice is perfected before the com¬ 
mencement of the term to which it is returnable, but not in time 
for trial at such term, the cause shall stand for trial at the next 
succeeding term. If any notice is not returned or is returned 
not served, other notices may be issued returnable to other 
terms of the court until service has been had, and if two notices 
to the same person are returned not served, notice by publica¬ 
tion or posting may be given as in case of non-residence. For 
good and sufficient reason made known to the court, any cause 
may be continued from term to term. 

Sec. 200. It shall be the duty of the tax collector to attend 
the several terms of the probate court, at which any of such 
causes are triable, and to have with him his tax book ; and such 
tax book shall, in all cases, be accepted as prima facie evidence 
of the amount of taxes and fees due, and that the same have 
been properly assessed and charged, and are unpaid. 

Sec. 201. If service of such notice is perfected ten days 
before the commencement of the term to which the same is re¬ 
turnable, the cause shall stand for trial at such term; and if no 
defense is interposed, or if interposed, and on trial thereof, 
the same is adjudged insufficient in law, or is not sustained by 






463 


the evidence adduced, the probate court shall make and enter 
on such book or docket a decree of sale, substantially in the 
following form: “It appearing to the court that taxes have 
been assessed against the person mentioned in this cause, (or, 
if the assessment is to an “owner unknown” that taxes have 
been assessed on the real estate mentioned in this cause), to 

the amount of.dollars for the year... 

and that the same are still due and unpaid; and it further 
appearing that notice of this proceeding has been given as re¬ 
quired by law, and no valid defense has been interposed against 
the sale of such real estate for the payment of the taxes. It is, 
therefore, ordered, decreed and adjudged by the court, that the 
State of Alabama has a lien for the payment of said amount 

and for the additional sum of .•.dollars for 

fees, charges and costs in this behalf lawfully incurred, on the 
following described real estate, to-wit: (Here insert descrip¬ 
tion.) It is further ordered, adjudged and decreed by the 
court that said real estate, or so much thereof as may be neces¬ 
sary, be sold for the payment of said delinquent taxes, and of 
said fees, charges and costs, and of the expenses of such sale.” 
Such decree, when entered, shall be signed by the judge of 
probate, and shall have, when jurisdiction of the court is 
showrn, the effect of judgments in other cases. 

Sec. 202. Immediately at the end of any term of court at 
which any decree for sales of real estate for the payment of 
taxes are rendered, or as soon thereafter as practicable, the 
tax collector shall proceed to enforce such decrees by sales of 
real estate ordered to be sold, and to this end he shall give 
notice for thirty days before the day of sale, by publication for 
three successive weeks in some newspaper published in the 
county, or at least three weeks before the day of sale shall post 
a notice at the court house in his county, and at some public 
place in the precinct in which the real estate is situated, that 
at the time specified therein, he will proceed to sell such real 
estate separately, describing such portions as are embraced in 
each decree, and stating the amount for which each decree was 
rendered (without stating the items of which said decree is 
composed), and the person against whom the taxes embraced 
in such decree were assessed, or if assessed to “owner unknown,” 
stating that fact. The rate to be charged for publishing such 
notice in a newspaper shall not exceed one and one-half cents 
per word for the first insertion, and one cent per word for each 
subsequent insertion; but no allowance shall be made for the 
publication of any matter other than is required by law; and if 






464 


no newspaper is published in the county, or if the publication 
of the notice cannot be had in the county at the above rate, the 
posting of the notice at the court house, and at a public place 
in the precinct in which the real estate is situated, as required 
by this section, shall be sufficient notice of such sale. 

Sec. 203. In all advertisements and notices of the proceed¬ 
ings m the probate court for the sale of the lands for taxes 
and of such sales, and in all entries required to be made by the 
judge of probate, tax collector, or other officer, initial letters, 
abbreviations, and figures may be used to indicate townships, 
ranges, sections, parts of sections, blocks and lots, and dates 
and amounts; and in estimating the costs of publication, each 
amount, date or number, and each initial letter or abbreviation 
shall be counted as a word. In all advertisements of the sale 
o real estate, the notice shall state the precinct in which the 
property is situated. Provided that all provisions of existing 
laws relating to taxation and revenue which are not in conflict 
with the provisions of this act are not herebv repealed, and 
provided further, that nothing herein contained shall in any 
wise affect the collection of any taxes now due the State or any 
county therein, or operate to abate or discontinue anv suit or 
action of any character instituted or begun for the collection 
thereof. 

Sec. 204. Stich sales shall be made in front of the door 
of the court house of the county at public outcry, to the highest 
bidder for cash, between the hours of ten in the morning and 
four in the afternoon, and shall continue from day to dav 
until all the real estate embraced in the decree has been sold. 
The judge of probate must attend such sales, and make a record 
thereof in a book to be kept by him in his office for that pur¬ 
pose, in which he shall describe each parcel of real estate sold, 
and state to whom sold, the price paid by the purchaser, the 
date of sale, and if no sale was effected, stating that fact, and 
the reason thereof, and also, in separate columns, the amounts, 
as taken from the book or docket in which the decrees are 
entered, of each kind of tax, penalties, and of the fees and costs 
in each case, and he must also enter in such docket, in each 
case, the land sold under the decree in that case, the purchaser 
thereof, and the amount at which it was sold. 

Sec. 205. It shall be the duty of the tax collector, in making 
such sales, if practicable, to so offer such real estate for sale 
that only such portion thereof may be sold as is necessary to 
satisfy the decree under which it is sold, and the expenses of 



465 


the sale; but no sale shall be made for a sum less than the 
amount of such decree and expenses. 

Sec. 206. The person to whom any real estate at such sale 
is knocked off shall forthwith pay to the collector the amount 
of his bid, and on his failure to do so, the collector must proceed 
at once to again offer it for sale. 

Sec. 207. If no person shall bid for any real estate offered 
at such sale an amount sufficient to pay the sum specified in the 
decree for sale, and the costs and expenses subsequently ac¬ 
cruing, the judge of probate shall bid in such real estate for the 
State, at a price not exceeding the sum specified in such decree 
and such subsequently accruing costs and expenses. 

Sec. 208. As soon after the sale as practicable, the tax col¬ 
lector must make out and deliver to each purchaser, other than 
the State, a certificate of purchase, which shall contain a de¬ 
scription of the real estate sold, and show that the sum was 
assessed by the assessor, to whom assessed, the date of assess¬ 
ment, for what year or years the taxes were due, the amount 
of taxes due thereon, distinguishing the amount due the State 
and county, and for school purposes, and the fees and costs; 
that it was advertised and how long, and that it was offered for 
sale, and at what time, and who became the purchaser, and at 
what price. 

Sec. 209. For the real estate bid off for the State, in each 
case, the judge of probate shall make out a certificate of pur¬ 
chase to the State, of like import to the one provided for in the 
preceding section, and deliver the same to the tax collector, 
who shall, on final settlement, deliver all certificates received 
by him from the judge of probate to the State auditor, who 
shall cause the same to be recorded in a book kept in his office 
for that purpose, and properly indexed for convenient reference. 
Lands bid for the State shall not be thereafter assessed, except 
as hereinafter provided, until the same have been redeemed or 
sold by the State. 

Sec. 210. The cost of advertising the caption and conclu¬ 
sion of notices for the sale of real estate for the payment of 
taxes, and so much thereof as pertain to those portions of such 
real estate as are bid off for the State, must lie paid bv the 
the State; and the State auditor shall, after every such sale, 
and after the collector has filed with the State auditor the certi¬ 
ficates of sales and purchases by the State, as provided in the 
preceding section, audit the account of the owner or proprietor 
of the newspaper in which such notices were published, and 
shall draw his warrant on the State treasurer in favor of such 



466 


owner or proprietor for the amount he may find to be lawfully 
due him, and payable by the State and the treasurer shall pay 
the same; but the State shall pay no other costs attending any 
tax sale. 

Sec. 211. The cost of advertising the part of such notices, 
pertaining to lands purchased by others than the State, shall be 
covered by the bids of the purchaser, and collected by the col¬ 
lector as part of the purchase money, but for the use of the 
owner or proprietor of the newspaper in which such notices 
were published, and shall be by the collector paid over to him 
on demand; and for such portions of such costs, as well as for 
the cost of advertising lands inserted in the notice by the mis¬ 
take of the collector, such collector and the sureties on his 
official bond shall be liable to the owner or proprietor of such 
newspaper. 

Sec. 212. The certificate of purchase, delivered by the 
tax collector to a purchaser at such sale, is assignable in writ¬ 
ing or by indorsement; and an assignment thereof vests in the 
assignee, and his legal representatives, all the right and title 
of the original purchaser. 

Sec. 213. If the assessor, collector, judge of probate or any 
member of the county board of equalization, shall directly or 
indirectly, be concerned or interested in the purchase of any 
real estate sold for taxes, the sale shall be void, and he and his 
sureties on his official bond shall be liable to a penalty of not 
exceeding five hundred dollars, to be fixed by the jury, which 
may be recovered in an action in the circuit court, or court of 
like jurisdiction, brought on the relation of any tax payer of 
the county, in the name of the State, one-half of the amount 
recovered to be paid to the relator, and the other half to the 
State. 

Sec. 214. From any decree rendered by the probate court 
for the sale of real estate for the payment of taxes, the defend¬ 
ant in the cause or the State, in behalf of itself and the county, 
may appeal to the next term of the circuit court, or court having 
like jurisdiction of the county, within thirty days after the 
rendition of the decree. If the defendant appeals, he must exe¬ 
cute a bond in double the amount of the decree, payable to the 
State of Alabama, with sufficient surety, to be approved by the 
judge of probate, and conditioned that he will prosecute the 
appeal to effect, and pay such judgment as the appellate court 
may render thereon; but the State shall not be required to 
execute any bond. The solicitor of the circuit or county shall 
represent the State on such appeal, and of the pendency thereof 



467 


the judge of probate must give him notice in writing; and 
on appeal by the State, notice thereof shall be given the de¬ 
fendant, as in other cases of appeal from the court to the 
circuit court. Such appeal must be tried de novo, upon an 
issue made up under the direction of the court. If the defend¬ 
ant appeals, and the issue is decided adversely to him, the court 
must render judgment against him and his sureties in favor of 
the State for the amount of the taxes, fees and costs, besides 
the costs of the appeal and such judgment shall be a lien upon 
the lands described in the decree from which the appeal was 
taken which lien, with a description of the lands, must be de¬ 
clared in the judgment. 

Sec. 215. Any money collected on such judgment, except 
for costs of court, must be paid to the tax collector, who shall 
account for and pay the same over to the officers and person 
entitled to receive the same. 

Sec. 216. For each notice to a delinquent landowner to 
show cause why a decree of sale should not be rendered, the 
judge of probate is entitled to a fee of fifty cents, and for each 
decree of sale, fifty cents; the tax collector shall have twenty- 
five cents for serving each notice, but for his attendance at 
court, he shall receive no pay; but in case of appeal, the sheriff 
and the clerk of the appellate court shall be entitled to the same 
fees as for like services in other cases. 

Sec. 217. The excess arising from the sale of any real 
estate remaining after paying amount of the decree of sale, 
and costs and expenses subsequently accruing, shall be paid 
over to the owner, or his agent, or to the person legally repre¬ 
senting such owner, or into the county treasury, it may be paid 
therefrom to such owner, agent, or representative in the same 
manner as the excess arising from the sale of personal property 
sold for taxes is paid. If such excess is not called for within 
three years after such sale by the person entitled to receive the 
same, upon the order of the court of county commissioners or 
the board of revenue stating the case or cases in which such 
excess was paid, together with a description of the lands sold, 
when sold, and the amount of such excess, the county treasurer 
shall pay such excess of money to the credit of the general 
fund of the county, and make a record on his books of the same, 
and such money shall thereafter be treated as part of the 
general fund of the county. At any time within ten years after 
such excess has been passed to the credit of the general fund of 
the county, the court of county commissioners, or board of 
revenue may, on proof made by any person that he is the rightful 



468 


owner of such excess of money, order the payment thereof to 
such owner, his heir, or legal representative, but if not so or¬ 
dered paid within such time, the same shall become the prop¬ 
erty of the county. 

Sec. 218. After the expiration of two years from the date 
of the sale of any real estate for taxes, the judge of probate 
then in office must execute and deliver to the purchaser, other 
than the State, or person to whom the certificate of purchase 
has been assigned, upon the return of the certificate and pay¬ 
ment of a fee of one dollar to the judge of probate, a deed to 
each lot or parcel of real estate sold to the purchaser, and 
remaining unredeemed, including therein, if desired by the 
purchaser, any number of parcels, or lots purchased by him at 
such sale; and such deed shall convey to and vest in the grantee 
all the right, title, interest and estate of the person whose duty 
it was to pay the taxes on such real estate, and the lien and 
claim of the State and county thereto; but it shall not convey 
the right, title or interest of any reversioner or remainderman 
therein. 

Sec. 219. Such deed shall be signed by the judge of pro¬ 
bate in his official capacity, and by him acknowledged before 
soma officer authorized to take acknowledgment of deeds, and 
it shall be, in all the courts of the State, prima facie evidence 
of the regularity of all proceedings subsequent to the judgment 
recited therein, in any controversy, proceeding, or suit in¬ 
volving or concerning the rights of the purchaser, his heirs, 
or assigns to the real estate thereby conveyed. 

Sec. 220. The attorney general must furnish the State 
auditor with suitable forms of certificates of purchase and 
deeds to purchasers at sales of real estate for taxes, from which 
the State auditor shall cause to be printed a sufficient number 
of blank certificates and deeds, and distribute the same among 
the several judges of probate, to be used by them and tax col¬ 
lectors on sales of lands for taxes. 

Sec. 221. It shall be the duty of the State auditor to trans¬ 
mit to the tax assessor of each county, by the first day of Au¬ 
gust of each year, a descriptive list of all the lands in the coun¬ 
ty reported to him as bid in for the State during the year, and 
not redeemed, and it shall be the duty of the assessor to present 
such descriptive list to the county board of equalization, and 
it shall be the duty of the said board, assisted by the assessor, 
to compare such list carefully with the record of sales of lands 
for taxes in the county, and of the redemption thereof, and to 
ascertain if any of such lands have been redeemed, or were not 



469 


liable for the taxes for which they were sold; and if auv of such 
lands are ascertained to have been redeemed, or to have been 
sold for taxes for which they w T ere not liable the said board 
shall promptly certify the facts to the State auditor, and the 
probate judge shall correct the record of land sales in his office 
accordingly. The county board of equalization shall put a 
fair valuation on the remainder of the lands contained in such 
descriptive list; and shall enter such valuation and shall cal¬ 
culate the taxes upon such descriptive list and return the same 
to the State auditor, who shall thereupon, and annually there¬ 
after until such land is redeemed or recovered, or sold by the 
State, without further assessment, add the amount of the taxes 
so assessed on such valuation to the amount for which the lands 
were sold, and such proceedings shall have the effect of a due 
assessment of taxes against said lands. The assessor shall fur¬ 
nish to the judge of probate a copy of the list returned to the 
State auditor, and it shall be the duty of the judge of probate 
to enter the taxes therein calculated on the record of sale there¬ 
of kept in his office. 

ERRONEOUS SALES. 

Sec. 222. The State auditor shall examine carefully all 
certifications of purchase of real estate, where the same were 
bid in for the State at tax sale, that are on file in his office, or 
that may be hereafter by him received, and if, in his opinion, 
such sale was erroneous for want of regularity, improper or 
insufficient description, error in advertisement, or for any other 
cause that may come within his knowledge, he shall so declare 
it, and return such certificate to the judge of probate in the 
county of such sale; he shall also notify the tax assessor of the 
county in Avhich the property is situated, and direct him to as¬ 
sess the same as an escape for the years in which it is subject 
under existing laws. But in no case where sales are declared 
erroneous or void by the auditor shall any penalty attach to the 
taxpayer, except interest on taxes, all cost accruing shall be 
paid bv the officer making the error. 

Sec. 223. When land which has been sold for taxes and 
purchased by the State has been sold by the State at private 
sale, and the purchase money has been paid into the State and 
county treasuries, and it shall be made to appear to the satis¬ 
faction of the State auditor, that such sale was invalid by rea¬ 
son of the fact that the taxes for which the land was sold were 
not due, the purchaser of said land from the State, his heirs or 



470 


assigns, shall upon the surrender of the deed from the State and 
the cancellation of the same, be entitled to have the purchase 
money paid for the said lands refunded, provided application 
shall be made therefor, as hereinafter provided, within two 
years from the date of the deed made by the State. 

Sec. 224. When land has been sold for taxes and purchas¬ 
ed by any one other than the State, and the purchase money 
has been paid into the State and county treasuries, and it shall 
be made to appear to the satisfaction of the State auditor that 
such sale was invalid by reason of the fact that the taxes for 
which the land was sold were not due, the purchaser of said 
land, his heirs or assigns, upon the surrender of the certificate 
of purchase, shall be entitled to have the amount paid for the 
purchase of said land refunded to him, provided application 
shall be made therefor as hereinafter provided within two 
years from the date of sale, and before the execution of a deed 
to such purchaser. 

Sec. 225. Any tax payer who through any mistake, or by 
reason of any double assessment, or by any error in the assess¬ 
ment or collection of taxes, or other error, has paid taxes that 
were not due upon the property of such tax payer, shall unless 
said tax was with knowledge of the facts voluntarily paid by 
the tax payer, be entitled, upon making proper proof to the 
satisfaction of the State auditor of such payment, be entitled 
to have such taxes refunded to him, provided application shall 
be made therefor, as hereinafter provided, within two years 
from the date of such payment. 

Sec. 226. In order to procure the refunding under the pro¬ 
visions of the three preceding sections, of the amounts errone¬ 
ously paid for the purchase of property or for the taxes on 
property, the purchaser or the tax payer, as the case may be, 
his heirs or assigns, shall file in duplicate a petition directed to 
the judge of probate of the county wherein the land is situated 
setting up the facts relied on to procure the refunding of the 
money so erroneously paid, and thereupon the judge of probate 
shall examine said petition and also the tax books of his coun¬ 
ty, and if the facts set forth in the petition are such as to en¬ 
title the petitioner to the refunding of the money as prayed for, 
he shall so certify to the auditor, stating the amount to be re¬ 
funded by the State, and forward to the auditor a copy of the 
petition with his certificate endorsed thereon, and if the auditor 
shall be satisfied that the petitioner is entitled to have the mon¬ 
ey refunded to him, he shall draw his warrant on the State 



471 


treasurer in favor of the petitioner for such an amount as the 
certificate of the probate judge shows should be refunded. 

Sec. 227. The judge of probate shall likewise certify his 
findings on the duplicate petition, stating the amount of mon¬ 
ey which petitioner is entitled to receive from the county, and 
such petition, with his certificate endorsed thereon, he shall 
deliver to the petitioner, who may present the same to the court 
of county commissioners, and if said court is satisfied with the 
proof of the claim made by the petition, the court must allow 
said claim to the amount of the tax paid to the county, and 
draw a warrant on the treasurer of the county for the amount 
allowed in favor of the petitioner. 

RIGHTS AND REMEDIES OF PURCHASERS OF LAND 

AT TAX SALES. 

Sec. 228. When the sale of any land sold for the payment 
of taxes is, for any cause, ineffectual to pass the title to the pur¬ 
chaser, whether individual or the State, except in the cases in 
which such sales are in this act expressly declared to be invalid, 
such sale shall operate as an assignment to the purchaser of 
the rights and liens of the State and county in and to the lands 
sold, both as to the taxes paid by said sale, and as to the taxes 
subsequently paid by the purchaser. 

Sec. 229. When lands are sold for taxes which are not lia¬ 
ble therefor, the purchaser may recover from the officer by whose 
fault or neglect the assessment or sale was made, and the sure¬ 
ties on his official bond, the amount of the purchase money paid 
by him therefor, with interest thereon from the day of sale to¬ 
gether with all costs which are adjudged against him in any suit 
concerning said land involving such tax title. 

Sec. 230. In case of the sale of any real estate, either for 
the collection of the taxes thereon or for the collection of other 
taxes due by the owner thereof, said real estate shall be describ¬ 
ed in all proceedings incident to the condemnation and sale 
thereof, and in the certificate and deed issued to the purchaser 
at said sale in the manner described in the assessment thereof, 
and in case of failure of the tax collector to so describe said 
property in any part of said proceedings, certificate or deed, 
by reason of which said deed may be held insufficient to convey 
the property intended to be referred to, the said tax collector 
and the sureties on his official bond shall be liable to the pur¬ 
chaser at said tax sale for all amounts paid by him for such 
land, together with cost of suit for same. Should, however, the 



472 


property be insufficiently described in the assessment thereof, 
the said tax assessor and the sureties on his official bond shall 
likewise be responsible to the purchaser or in case the said lia¬ 
bility has been enforced against said tax collector, then the 
said assessor and the sureties on his official bond shall be lia¬ 
ble to the tax collector, or his sureties, for whatever sum he 
shall have been compelled to pay to said purchaser on account 
of said defect together with cost adjudged against him in suit 
for such lands. 

Sec. 231. If in any suit brought for the possession of land 
sold for taxes the title of the purchaser at the tax sale shall be 
defeated on account of any defect in the proceedings under 
which the sale is had, or on account of any defect in or insuffi¬ 
ciency of the process by which the owner of the land was 
brought before the probate court, as is provided, or in the ser¬ 
vice of said process, or by reason of the failure of the judge of 
probate on account of any negligence or refusal on his part to 
produce, when called upon sufficient evidence of the proper is¬ 
suance and service of said notice or process, or by reason of 
any other defect or insufficiency in any of the proceedings for 
the condemnation and sale of said property, or of the certificate 
or deed to said purchaser, or any two or more of said causes, 
the officer or officers on account of whose omission or error said 
defect or insufficiency, or defects or insufficiencies shall have 
arisen, together Avith the sureties on the official bond, shall be 
liable to the purchaser whose title shall be thus defeated, and to 
his assignees for the full sum of the purchase money paid by 
him at said tax sale for said property, the cost of the suit in 
which said title failed, which the purchaser shall have incurred 
in attempting to maintain his title under said tax sale, together 
with the interest upon each of these amounts, at the rate of 
twelve per cent per annum; provided, that except as to the 
State suits under this section shall be commenced within five 
years from the sale. 

Sec. 232. The State or any other purchaser of lands at a 
tax sale, or any one claiming under him, may, after the expira¬ 
tion of six months from the day of sale, maintain an action of 
ejectment or of unlawful detainer, or a statutory real action in 
the nature of ejectment, for the recovery of the possession of 
the lands purchased at such sale, and shall be entitled to hold 
the possession thereof, on a recovery, but subject to the right 
of redemption hereinafter provided for. When the State is the 
purchaser the State auditor may, if in his judgment it is to the 
interest of the State, after the expiration of six months from 



473 


the date of sale, institute legal proceedings in the name of the 
State to recover possession of the real estate so bid in at tax 
sale, and when so recovered such real estate shall stand sub¬ 
ject to sale, or it may be rented out if the Governor so directs; 
but if the title fails, the auditor shall direct the proceedings to 
ascertain and enforce the tax liens, charges, interest and pen¬ 
alties for the benefit of the State, as in case of other purchasers. 
And the State auditor may bring the suits authorized under 
the three preceding sections in proper cases. 

Sec. 233. If, in any suit brought by the purchaser, or other 
person claiming under him, to recover the possession of lands 
sold for taxes, a recovery is defeated on the ground that such 
sale was invalid for any other reason than that the taxes were 
not due, the court shall forthwith, on the motion of the plain¬ 
tiff, ascertain the amount of taxes for which the lands were lia¬ 
ble at the time of the sale, and for the payment of which they 
were sold, with interest thereon from the date of sale, and the 
amount of such taxes on the lands, if any, as the plaintiff, or 
the person under whom he claims, has, since such sale, law¬ 
fully paid or assumed by the State after its purchase, with in¬ 
terest thereon from the date of such payment, the interest on 
both amounts to be computed at the rate of twelve per cent, 
per annum; and the court shall thereupon render judgment 
against the defendant in favor of the plaintiff for the amount 
ascertained, and the costs of the suit, which judgment shall con¬ 
stitute a lien on the lands sued for, and payment thereof may 
be enforced as in other cases. 

Sec. 234. If, in a suit brought against such purchaser, or 
other person claiming under him, to recover possession of 
lands sold for taxes, the defendant claims and defends under 
the tax title, and his defense fails on the ground that such sale 
was invalid for any other reason than that the taxes were not 
due, and the plaintiff recovers, the court shall forthwith, on 
motion of the defendant, ascertain the amount of taxes for 
which the lands were liable at the time of the sale, and for the 
payment of which they were sold, with interest thereon from 
the day of sale, and the amount of such taxes on the lands, if 
any, as the defendant, or the person under whom he claims, has, 
since such sale, lawfully paid or assumed, in case of the State, 
with interest thereon from the date of such payment, the in¬ 
terest on both amounts to be computed at the rate of twelve 
per cent per annum; and the court shall thereupon render 
iudgment against the plaintiff in favor of the defendant for 
the amount ascertained, and the costs of the suit. Which judg- 



474 


ment shall constitute a lien on the land sued for, the payment 
of which may be enforced as in other cases and no writ of pos¬ 
session shall issue until such judgment has been satisfied, the 
court may order the land sold or condemn it to the satisfac¬ 
tion of the debt. 

Sec. 235. In any suit under the provisions of either of the 
last two preceding sections, the party claiming adversely to the 
tax title may, at any time, tender the amounts required in such 
sections to be ascertained by the court, with interest as therein 
prescribed; and no costs accruing after such tender shall be re¬ 
covered of him, if, upon a refusal of the tender, he shall pay 
such amounts into court. 

Sec. 236. In a suit brought to recover the possession of 
lands, if either party claims under a tax title, he must in order 
to entitle himself to the benefits of the three preceding sec¬ 
tions, state in his complaint or plea, that he claims or defends, 
as the case may be, under a tax sale, giving the date of such 
sale; and such statement shall be a sufficient averment of the 
facts necessary to entitle him to such benefits. 

Sec. 237. If in any suit brought to recover the possession 
of lands sold for taxes, by or against the purchaser, or other 
person claiming under him, it is shown that the party claiming 
adversely to the tax title, being entitled to redeem, made with¬ 
in the time allowed for redemption, the payment required by 
law for the redemption of such lands, or made tender thereof, 
and the amount of such tender has been paid into court for the 
opposite party, judgment must be rendered in his favor for the 
costs accruing after such payment or tender, except as against 
the State. 

Sec. 238. Unless otherwise provided, on the trial of any is¬ 
sue involving the sale of real estate for taxes, or the redemption 
thereof, the books and records belonging to the office of the 
judge of probate, tax collector or tax assessor, and required by 
law 7 to be kept, or certified copies therefrom, shall be prima 
facie evidence of the facts stated therein. 

Sec. 239. No action for the recovery of real estate sold for 
the payment of taxes shall lie, unless the same is brought with¬ 
in three years from the date when the purchaser became en¬ 
titled to demand a deed therefor; but if the owner of such real 
estate was, at the time of such sale, under the age of twenty- 
one years, or insane, he, his heirs, or legal representatives, shall 
be allowed one year after such disability is removed to bring 
suit for the recovery thereof; but this section shall not apply 



475 


to any action brought by the State; provided, however, that 
the provisions of this section shall not apply to cases in which 
the owner of the real estate sold had paid the taxes, for the 
payment of which such real estate was sold, prior to such sale; 
nor shall they apply to cases, in which the real estate sold was 
not, at the time of the assessment, or the sale, subject to taxa¬ 
tion. 

Sec. 240. When the suit is against the person against whom 
the taxes were assessed, or the owner of the land at the time 
of the sale, his heir, devisee, vendee, or mortgagee, the court 
shall on motion of the defendant, made at any time before the 
trial of the cause, ascertain the amount paid by the purchaser 
at the sale, and of the taxes subsequently paid by the purchaser, 
together with ten per cent, per annum thereon, and a reason¬ 
able attorney’s fee for the plaintiff’s atttorney for bringing the 
suit, and shall enter judgment for the amount so ascertained in 
favor of the plaintiff against the defendant, and the judgment 
shall be a lien on the land sued for. Upon the payment into 
court of the amount of the judgment and costs, the court shall 
enter judgment for the defendant and for the land and all 
title and interest in the land, shall, by such judgment, be divest¬ 
ed out of the owner of the tax deed. 

REDEMPTION OF LANDS SOLD FOR TAXES. 

Sec. 241. Real estate sold for taxes and purchased by the 
State may be redeemed at any time before the title passes out 
of the State, or if purchased by any other purchaser, may be 
redeemed at any time within two years from the date of the sale 
by the owner, his heirs, or personal representative, or by any 
mortgagee or purchaser of such lands, or any part thereof, or 
by any person having an interest therein, or in any part there¬ 
of, legal or equitable, in severalty or as tenant in common, in¬ 
cluding a judgment creditor, or other creditor having a lien 
thereon, or any part thereof; and an infant or insane person en¬ 
titled to redeem at any time before the expiration of two years 
from the sale, may redeem at any time within one year after 
the removal of his disability; and such redemption may be of 
any part of the lands so sold, which includes the whole of the 
interest of the redemptioner. 

Sec. 242. In order to obtain the redemption of land from 
tax sales, where the same has been sold to the State, the party 
desiring to make such redemption shall deposit with the judge 
of probate of the county in which the land is situated the 



476 


amount of money for which the lands were sold, with inter¬ 
est thereon at the rate of ten per cent, per annum from the date 
of sale, together with the amount of all taxes due on such lands 
since the date of sale, with interest thereon at the rate of eight 
per cent, per annum from the maturity of such taxes, and all 
costs and fees due to officers as set out in the following sec¬ 
tion . 

See. 243. In order to obtain the redemption of land from 
tax sales where the same has been sold to another than the 
State, the party desiring to make such redemption shall deposit 
with the judge of probate of the county in w r hich the land is 
situated, the amount of money for which the lands were sold, 
with interest thereon at the rate of ten per cent, per annum, 
from the date of sale, together with the amount of all taxes 
which have been paid by the purchaser, which fact shall be as¬ 
certained by consulting the records in the office of the tax col¬ 
lector, with interest on said payments at eight per cent, per 
annum. If any taxes on said land have been assessed to the 
purchaser and have not been paid, and if said taxes are due, 
which fact may be ascertained by consulting the tax collector of 
the county, the probate judge shall also require the party desir¬ 
ing to redeem said land, to pay the tax collector the taxes due 
on said lands, which have not been paid by the purchaser, be¬ 
fore he is entitled to redeem the same. If any taxes have been 
assessed against said lands and have not been paid by the pur¬ 
chaser because the same are not due, it shall be the duty of the 
party seeking to redeem such lands to deposit the amount of 
the taxes assessed for the current year with the tax collector, 
to be by him applied to the payment of such taxes when due, 
and the purchaser shall thereafter be relieved from any fur¬ 
ther liability on account of such taxes. In all redemptions of 
land from tax sales, the party securing such redemption shall 
pay all costs and fees due to officers and a fee of one dollar to 
the judge of probate for his services in the matter of such re¬ 
demption. 

Sec. 244. When distinct lots or parcels of land have been 
included in one assessment, and sold for taxes under one de¬ 
cree, any person other than the person against whom the de¬ 
cree was rendered, whose interest in one or more of such lots 
or parcels, is such as to entitle him to redeem, but who has no 
interest in the other lots or parcels sold under such decree, 
may redeem the lots or parcels in which he has such interest, 
without redeeming those in which he has no interest. 



477 


Sec. 245. A person desiring to redeem any separate lot or 
parcel of land, as authorized by the preceding section, must file 
with the judge of probate application in writing, under oath, 
setting forth the date of the decree, the name of the defaulting 
tax payer against whom the same was rendered, the description 
and character of each lot or parcel of land included in the de¬ 
cree and the assessed value thereof, if separately valued in the 
assessment, or if not separately valued, stating that fact, and 
stating the assessed value of the whole of the lands, a descrip¬ 
tion of the lot or parcel which the applicant seeks to redeem, 
and if not separately valued in the assessment, stating the value 
thereof at the time of the assessment, the nature of his interest 
in such lot or parcel, and that he has no other interest in the 
other lots or parcels; and such applicant must deposit with the 
judge of probate a sum of money which bears the same propor¬ 
tion to the amount of taxes and interest which would be re¬ 
quired to redeem all the lands included in the decree, that the 
value of such lot or parcel as separately assessed or if not sep¬ 
arately assessed, as ascertained by the judge of probate, bears 
to the value of the whole of the lands included in the decree, 
and in addition thereto, such applicant must deposit the amount 
of all costs to officers which may have accrued upon such assess- 
ment and sale. 

Sec. 246. The judge of probate must before allowing the 
redemption of a separate lot or parcel of land under the two 
preceding sections, submit the application, together with a oopy 
of the statement or calculation ascertaining the amount to be 
paid on such redemption to the State auditor for his approval, 
and the auditor may call upon the judge of probate or the as¬ 
sessor or the collector for any information he may desire touch¬ 
ing the application. If the State auditor is satisfied that the 
applicant is entitled to redeem such lot or parcel of land, and 
that the proper amount of money has been deposited with the 
judge of probate, the State auditor shall indorse his approval 
upon the application and return the same to the judge of pro¬ 
bate who must allow the redemption; but without the approval 
of the State auditor, the judge of probate must not allow the 
redemption, and must return to the applicant the money depos¬ 
ited by him for that purpose. When such application is made 
within the time allowed by law for the redemption, the same 
may be perfected as herein provided, notwithstanding the ex¬ 
piration of such limitation, provided, that where the land 
sought to be redeemed has been purchased by an individual and 



478 


not by the State, it shall not be necessary to submit the matter 
to the State auditor. 

Sec. 247. Upon the payment of the amount required by law 
for the redemption of the lands sold for taxes by a person en¬ 
titled to redeem, the judge of probate must issue such person a 
certificate of redemption describing the lands, setting forth the 
facts of the sale, substantially as contained in the certificate of 
purchase, the date of redemption, the amount paid, and by 
whom the lands were redeemed, and he must make the proper 
entries in the book of sales in his office and immediately give 
notice of such redemption to the county treasurer, or custodian 
of the county funds and the certificate must then be presented to 
such treasurer, or custodian of county funds who shall counter¬ 
sign the same, and unless so countersigned, no certificate shall 
be held as evidence of redemption. And it shall be the duty of 
the judge of probate to keep a book of certificates of redemption, 
and every blank shall have a stub attached thereto, on which 
shall be printed such matter as the State auditor may prescribe 
with appropriate blank spaces to be filled by the judge of pro¬ 
bate upon^ the issuance of any certificate of redemption. The 
State auditor shall take and file in his office a proper receipt 
from the judge of probate for the certificates of redemption so 
furnished him. If such lands were bid in by the State, the per¬ 
son redeeming shall present to the State auditor the certificates 
of redemption and the State auditor shall give to such person 
a certificate releasing all claims to the land acquired by the 
State at the tax sale. 

Sec. 248. If the lands redeemed were bid in by any person 
other than the State, the redemption money must be deposited 
by the judge of probate in the county treasury, and there kept 
separate and apart from the general funds of the county, and 
the judge of probate shall notify the purchaser of such deposit 
by mailing notice to the residence or place of business of the 
purchaser, or to such address as the purchaser may furnish 
the judge of probate at the time he secures his certificate of 
purchase; and upon the demand of the purchaser, his personal 
representative or assignee, and the surrender of the certificate 
of purchase, the judge of probate must give him an order on the 
treasury for the same. 

Sec. 249. When lands which have been . bid in by the 
State are redeemed, the judge of probate must during the 
month in which said redemption is made, remit to the State 
treasurer, at the expense of the State, the proportion of the 



479 


redemption money belonging to the State, and pay into the 
county treasury the proportion of such money belonging to the 
county, and to the proper authorities the proportion belonging 
to the school fund, if any; and upon all such money so paid 
over during the month of collection, he is entitled to commis¬ 
sion at the rate of two and one-half per cent., which he may 
deduct therefrom, but he shall not be allowed any commissions 
on any money not so paid over; and on the last business day of 
each month the judge of probate shall certify to the auditor and 
to the county treasurer, upon blanks to be furnished by the au¬ 
ditor, a full and correct statement of all real estate bid in by the 
State, and redeemed, showing separately the amount of State, 
county and school taxes and penalties and costs received by 
him on such redemption, and if no lands have been redeemed, 
he shall report that fact. 

Sec. 250. Within five days after the redemption of any real 
estate bid in by the State, the judge of probate shall notify the 
tax assessor and tax collector of his county thereof, and shall 
on demand, pay to them the costs and fees to which they are 
respectively entitled; and the assessor shall enter such real 
estate, and the name of the person redeeming the same, on an 
appropriate list to be kept by him for assessment. 

Sec. 251. Neither the purchaser nor any one claiming un¬ 
der him, who may have lawfully obtained possession of any real 
estate purchased at tax sales, shall be liable upon the redemp¬ 
tion of such real estate, to account to the owner for any rents, 
issues and profits, he shall be held and considered the rightful 
owner of such real estate, unless such owner at the time of the 
sale, was a minor, a person of unsound mind, and had no guar¬ 
dian, or his guardian was not lawfully served with notice of the 
proceedings had in the court of probate for the sale of such 
real estate, in which event such purchaser, or other person in 
possession, shall be liable for rents, issues and profits, as in 
other cases; provided that neither such purchaser nor any one 
claiming under him shall have the right to cut standing tim¬ 
ber from land so purchased at tax sales until he shall have 
received a deed for the land from the probate judge; any one in 
possession shall have the right to the growing crops planted 
by him. 

Sec. 252. It shall be the duty of the State auditor to cause 
to be prepared a suitable book, in which shall be entered a de¬ 
scription, as accurate as can be obtained, of all the lands which 
have been bid in by the State, with the amount of State and 



480 


county taxes due thereon, the date when such lands were bid 
in; and when two years shall have elapsed from the date of 
sale, such portions of such lands as have not been redeemed 
shall be subject to sale by the State; and the State auditor, 
with the approval of the Governor, may sell the same at pri¬ 
vate sale to any purchaser who may pay therefor in cash to 
the treasurer, such sum of money as the State auditor and State 
treasurer, with the approval of the Governor, may ascertain to 
be sufficient to cover and satisfy all claims of the State and 
county, which sum shall not be less than the whole amount of 
taxes, interest, costs, and officer’s fees, as provided for and re¬ 
quired to be paid in case of the redemption of such lands. 

Sec. 253. When application is made to the State auditor 
by any person to purchase lands in which such person had no 
interest, it shall be the duty of the State auditor to mail a no¬ 
tice in writing to the owner, or some person having an in¬ 
terest in such lands, if his place of residence is known, or if 
not known, then to the judge of probate of the county in which 
such lands are situated, informing him that such application 
has been made and fixing a reasonable time within which owner 
or other person having an interest in the lands may redeem the 
same; the judge of probate shall cause the notice to be posted 
at the court house, and he shall mail a copy of said notice to 
the owner, if known to him; and if such lands are not redeem¬ 
ed within the time so fixed, the same shall be sold to the appli¬ 
cant, or any other person desiring to purchase the same, with¬ 
out other or further notice to such owner or persons having an 
interest in the lands. If such lands are redeemed within the 
time so fixed, the judge of probate must, without delay, report 
the same to the State auditor, and pay over the redemption 
money as required by law. 

Sec. 254. When lands have been sold by the State, as pro¬ 
vided in the two preceding sections, and the purchase money 
has been paid, the State auditor, in behalf of the State, shall 
execute to the purchaser a deed, duly acknowledged, without 
warranty or covenant of any kind on the part of the State, ex¬ 
press or implied, conveying to him all the right, title and in¬ 
terest of the State in and to the lands purchased by him; and 
such purchaser shall thereafter have all the right, title and in¬ 
terest of the State in and to such lands, and shall be held and 
treated as the assignee of all the taxes due upon such lands, or 
for which they were sold, and the penalties and all of the taxes 
that should have been under the law assessed upon the same, if 



481 


they had been the property of a private citizen of the State; and 
shall be clothed with all the rights, liens, powers and remedies, 
whether as a plaintiff or defendant, respecting said lands as an 
individual purchaser at the tax collector’s sale would have in 
similar circumstances; and all such liens and charges as the 
State had before such sale by the State auditor shall be enforced 
in favor of such purchaser from him as under the provisions of 
law relating to individual purchasers at sales by the tax collec¬ 
tor, such purchaser on failure of his title shall have his lien and 
charges assessed by the court or by a jury and may foreclose 
the same by proceeding at laAV in such suit. 

Sec. 255. Upon the consummation of such sale the State 
auditor must certify the same to the judge of probate, who shall 
make entry thei’eof in the book of land sales in his office; and 
the auditor shall furnish description of such lands to the as¬ 
sessor of the county in which they are situate, who shall enter 
the same upon his list for assesment; but the time allowed in¬ 
fants and lunatics, in which to redeem lands sold for taxes, 
shall in no wise be affected by any such sale and conveyance. 

Sec. 256. When lands bid in by the State have been sold 
by the State under any of the provisions of this act the State 
auditor shall draw his warrant on the State treasurer in favor 
of the judge of probate of the county in which the lands lie, for 
the county and school taxes, and the fees and costs due to the 
different officers of the county, specifying each separately; and 
if the same cannot be ascertained from the records and papers 
in his office, the judge of probate, on notice by the State auditor 
of such redemption, or sale, must certify the same to him, and 
the judge of probate, upon the collection of such warrant, shall 
pay the same over to the officers entitled thereto, or authorized 
by law to receive the same. 

Sec. 257. The right to redeem any real estate bid in for 
the State shall be forfeited, unless such real estate is redeemed 
within the time prescribed in this act, and if not redeemed with¬ 
in that time, all the right, title and interest of the owner of such 
real estate, and of the person whose duty it was to pay the 
taxes thereon, in and to such real estate, shall be transfen*ed to 
and absolutely vested in the State. 

Sec. 258. Any mortgagee, lien holder or other creditor, or 
any person having an interest, but not the legal title, shall have 
a lien on the lands for the amount expended by him in effecting 
such redemption, and if such redemption is by a tenant in com¬ 
mon, he shall have a like lien on the interest of his cotenant. 


16 GA 



482 


GENERAL DUTIES OF AUDITOR. 

Sec. 259. It shall be the duty of the auditor to see that the 
returns, reports, payments and settlements required by law to 
be made by any and all officers charged with the collection of 
revenues of the State under this act are promptly made by such 
officers at the time or times they are required to be made; and 
in default of the performance by any of them of any of such 
duties, he shall promptly direct such prosecutions or other legal 
proceedings as may be by law authorized or directed. 

Sec. 260. The auditor shall cause this act to be properly in¬ 
dexed, and shall have not exceeding two thousand copies of the 
same printed in pamphlet form, and after retaining the number 
of copies which may be necessary for the use of the officers of 
the State at the Capitol, shall furnish a copy thereof to each of 
the judges of the circuit and city courts, and the chancellors 
and judges of the Supreme Court, judges of probate, solicitors, 
members of the Legislature, members of the State and county 
boards of equalization, members of the courts of county com¬ 
missioners, or boards of revenue, and assessors and collectors, 
and to bar libraries and justices of the peace, and shall cause 
the remainder to be deposited with the secretary of State, who 
shall be authorized to sell the same at fifty cents per copy. 

Sec. 261. It shall be the duty of the State auditor to cause 
suit to be brought, in the name of the State against any and 
all persons by law charged with the collection of State taxes, or 
with any duty in regard to the State revenue, and their sureties 
for failure to collect such taxes, or to perform such duty; and 
he may also in such cases, as in his judgment, the interest of 
the State requires it, cause suit to be brought against default¬ 
ing tax payers for the taxes claimed from them by the State; 
and in cases in which a reasonable doubt may exist as to the 
construction or validity of the law under which taxes are claim¬ 
ed, he may authorize an agreed statement of the facts of the 
case to be made for the speedy adjudication of the matter in 
controversy. 

Sec. 262. The State auditor shall appoint, with the approv¬ 
al of the Governor, an agent in each county in the State to look 
after, protect against trespassers, and rent any real estate bid 
in by the State at tax sale; said agent shall be under the control 
and direction of the State auditor, who shall have the power 
to remove for any cause, any agent so appointed. 

Sec. 263. The State auditor by the approval of the Gov¬ 
ernor may contract with some person or firm in each county of 



483 


the State, to investigate sales of real estate for taxes and bid in 
for the State, to notify parties at interest in such real estate, 
of such sale, to secure redemption or sale of property subject 
to sale at private sale by the State. 

Sec. 264. For services rendered, under the two preceding 
sections the auditor may allow fair compensation, which shall 
not exceed ten per cent of the proceeds of such rent, sale or re¬ 
demption, and shall be paid from the fund so received. 

Sec. 265. When the State auditor finds that he has failed 
to give any tax collector credit for commissions to which he is 
entitled, he is authorized to correct such error in his settlement 
with such collector; and if the account of such collector has 
been closed, and such commissions have been paid into the State 
treasury, the State auditor shall draw his warrant on the State 
treasurer for the amount thereof in favor of such collector. 

Sec. 266. The State auditor must draw his warrant on the 
State treasurer in favor of any judge of probate, tax collector, 
county treasurer, clerk of the circuit court, or other officer pay¬ 
ing money into the State treasury, for any amount overpaid into 
the treasury by such judge of probate, tax collector, county 
treasurer, clerk of the circuit court or other officer. 

GENERAL PROVISIONS. 

Sec. 267. In any suit against any tax assessor, tax collec¬ 
tor, judge of probate, or other officer charged with the per¬ 
formance of any duties under this act, and his sureties or 
either, for failure to pay over any money collected by him for 
the State or to perform any other duty required of him by law, 
a copy of any bond, record, book, paper, contract return, or 
other document, or of the official statement of any account be¬ 
tween him and the State in the office of the State auditor or 
State treasurer, certified by the State auditor, if the original is 
in his office, or by the State treasurer, if in his office, under the 
seal of the State auditor, shall be received as evidence in any 
case in which the original would be competent, unless the de¬ 
fendant shall deny under oath that he made or executed such 
original. 

Sec. 268. Upon a verdict being rendered in favor of the 
State in any suit brought by the State against any officer 
charged with the collection of any revenue for the State, and 
his sureties, or either, for the recovery of any such revenue col¬ 
lected by him, a judgment must be rendered for the amount 
of such verdict, and twenty per cent, thereon. 



484 


Sec. 269. It shall be the duty of the courts of county com¬ 
missioners of the several counties in this State to supply the tax 
assessors and tax collectors, and county boards of equalization, 
with all necessary books, stationery, and printed blanks for 
the proper conduct of their several offices, and failing so to do, 
the assessors, collectors and county boards of equalization may 
purchase books, stationery and printed blanks in behalf of the 
county, and the cost thereof shall be a preferred claim against 
the county. 

Sec. 270. Any person, who having taken oath required by 
law to be administered to him by the tax assessor or his deputy 
before proceeding to list property for taxation, willfully and 
corruptly answers falsely any lawful question which such as¬ 
sessor or his deputy may put to him touching the return of 
property for taxation, or willfully and corruptly makes a false 
return of property required by law to be by him returned for 
taxation, is guilty of perjury, and must, on conviction, be im¬ 
prisoned in the penitentiary for not less than two nor more 
than five years. 

Sec. 271. Any tax assessor or deputy tax assessor who re¬ 
turns the tax list"of any tax payer as having been sworn to by 
.such tax payer, when in fact it was not sworn to, is guilty of 
a misdemeanor. This section must be given in a special charge 
to the grand jury, and it is their duty, whenever the evidence 
justified it, to return an indictment against such tax assessor 
or deputy assessor. 

Sec. 272. Any president or cashier of any bank or banking 
association who fails or refuses to make out, swear to and de¬ 
liver to the tax assessor the statement required by law, within 
the time therein prescribed, must, on conviction, be fined not 
less than two hundred dollars, and must also be sentenced to 
hard labor for the county for not more than three months. 

Sec. 273. It shall be unlawful for any member of the State 
or county boards of equalization or employee of either of said 
boards, or the tax assessor, to act as agent or attorney for any 
tax payer in the matter of the assessment of property for tax¬ 
ation, and any member or officer of either of said boards, or the 
assessor who violates the provisions of this section shall be re¬ 
moved from office by the Governor. 

Sec. 274. No arbitrator shall be selected under the provi¬ 
sions of this act who is related within the fourth degree of con- 
saguinity or affinity to the owner or owners of the property, 
or to any member of the board of equalization which has valued 
the property in question, or to the tax assessor of the county, 



485 


and if the owner of property is a corporation, to the executive 
officers thereof, nor shall such arbitrator be an official, agent, 
employee, attorney or stockholder of such corporation. 

Sec. 275. Any revenue officer of the State who refuses to 
allow the State board of equalization, or the agents or deputies 
thereof, full and free access to all books and records belonging 
to or pertaining to his office, shall be guilty of a misdemeanor, 
and, on conviction, shall be fined not less than ten nor more 
than one hundred dollars. 

Sec. 276. Any officer on whom any duty is imposed by the 
revenue law, who fails or neglects to perform such duty, if 
there is no other punishment provided for such failure or neg¬ 
lect, must on conviction, be fined not less than twenty nor more 
than one thousand dollars. 

Sec. 277. Any probate judge, clerk of a court of record, reg¬ 
ister in chancery, sheriff, coroner, tax collector, county treas¬ 
urer, trustee of public schools, notary public, justice of the 
peace, constable or other public officer, who knowingly con¬ 
verts, to his own use, or permits another to use any of the rev¬ 
enues of the State, or of any county or municipality thereof, 
or any money paid into his office, or received by him in his offi¬ 
cial capacity, is liable to indictment, and on conviction, must 
be punished as if he had stolen it. 

Sec. 278. When any sheriff or other officer shall sell any 
property under execution or other process, or under any de¬ 
cree, judgment, or order of any court, it shall be his duty to 
ascertain what taxes are a lien upon such property, and upon 
a sale thereof, to first apply the proceeds of such sale to the 
payment of such taxes. 

Sec. 279. When a tax payer makes a general assignment of 
his property for the payment of his debts, or is declared a bank¬ 
rupt. or when dead, and his estate is or becomes insolvent, any 
unpaid taxes assessed against him, or against his estate shall 
be a preferred claim, and shall be paid by the assignee, trustee, 
or personal representative out of the first money, received by 
him belonging to the trust or estate. 

Sec. 280. When taxes are levied on the gross or net receipts 
of any person, company, corporation, or association doing bus¬ 
iness in this State by any agent, such agent shall be personally 
liable for such taxes, and the tax collector may collect the 
same from such agent by garnishment or by the seizure and sale 
of any personal property belonging to him, as if such taxes 
were assessed against him. 



486 


Sec. 281. Any tax collector who fails to make return and 
forward the tax money in his hands, from time to time, to the 
proper authorities, as provided by law, except for good cause, 
is guilty of embezzlement of public funds, and is liable, on con¬ 
viction, to a fine not exceeding ten thousand dollars, and impris¬ 
onment in the penitentiary not exceeding tw r o years. 

Sec. 282. The failure of any tax collector to pay over or 
produce any money collected by him, either as State, county or 
municipal taxes, after demand by the State or county or mu¬ 
nicipal treasurer, or other authority for receiving money be¬ 
longing to the State, county or municipality, shall be prima 
facie evidence against such tax collector of embezzlement by 
him. 

Sec. 283. Any tax collector or other person engaged in col¬ 
lecting the revenues of the State, who buys, sells or otherwise 
trades in State Avarrants, State certificates, or other securities 
of the State, shall be guilty of a misdemeanor. 

Sec. 284. Any person who fraudulently obtains from the 
State auditor under the provisions of this act any duplicate 
warrants upon the treasury of the State, or who shall with in¬ 
tent to defraud obtain any warrant to which he is not entitled, 
must, on conviction, be punished as if he had stolen the amount 
specified in the warrant. 

Sec. 285. The holder of any lien on real or personal prop¬ 
erty may pay the tax thereon with interest and penalties, and 
upon such payment shall be subrogated to the lien of the State, 
county or municipality and the sum so paid shall bear legal 
interest from the date of payment, and may be collected in the 
same manner, as the original claim of the lien holder. 

286. In all counties where county officials are paid on a 
salary instead of a fee basis, all fees allowed under the terms 
of this act to be paid to or collected by county officials, shall, 
by said officials be paid into the county treasury, or to such of¬ 
ficial performing the duties of county treasurer. 

Sec. 287. All laws in conflict with the provisions of this 
act are hereby repealed; provided; that all provisions of exist¬ 
ing laws relating to taxation and revenues, which are not in 
conflict with the provisions of this act are not hereby repealed. 

Sec. 288. This act shall go into effect immediately upon its 
passage. 

Sec. 289. If any section, clause, or provision of this act 
shall be held to be void, or ineffective for any cause, it shall 
not affect any other section, clause or provision of this act. 



487 


Sec. 290. All proceedings for the assessment or collection 
of any taxes now pending before any board or officer whose 
authority, power or jurisdiction is terminated by this act, shall 
be and is immediately transferred from such officer, court or 
board, to the officer, court or board having authority and ju¬ 
risdiction under this act, and shall be prosecuted and pro¬ 
ceeded with as if originally commenced by or before such board 
or officer. 

Sec 291. That all officers provided for in this act may be 
impeached in the same manner, and for the same cause provid¬ 
ed for in the Constitution of the State of Alabama, or as pro¬ 
vided for in chapter 232 of the Code of Alabama, and may be 
tried as therein provided for other officers. 

Sec. 292. Wherever and whenever any tax payer is given 
under the preceding sections hereof the right to demand an 
arbitration of the assessment of his or its property, the owner 
may either demand said arbitration or may appeal to the cir¬ 
cuit court of the county in which the property lies, and in case 
the property lies in more than one county, the owner may ap¬ 
peal to the circuit court of any county in which any of the prop¬ 
erty lies. All such appeals may be taken within thirty days 
after the date of the assessment or after the date of the final 
decision of the officer, board or tribunal making such assess¬ 
ment, upon the owner giving bond with sureties to be approved 
by the judge or clerk of the court to which the appeal is taken 
and payable to the State of Alabama in double the amount of 
the State and county taxes and local or special school taxes 
lawfully due on such assessment or valuation as fixed by said 
officer, board or tribunal, conditioned to prosecute said appeal 
to effect and to pay all lawful taxes held by the court to be or 
to become due on said property according to such valuation as 
may be determined by the court, provided, however, that in the 
event the assessment or valuation is upon real property then 
no bond shall be required as a condition precedent to the tak¬ 
ing of such appeal. The trial upon such appeal shall be de novo 
and by and with the jury unless jury is waived by owner and 
the court shall render judgment against the appellant for such 
taxes as may be or become lawfully due on said property. All 
such appeals shall be preferred cases and shall be set for trial 
at the first succeeding term of the court after the appeal is 
taken, unless the court shall be in session at the time the appeal 
is taken, in which event the case shall be set for trial during the 
term then in session; provided, however, that no such appeal 



488 


shall suspend the right of the State and counties to collect from 
the appellant taxes upon his property at the valuation fixed for 
assessment for the preceding tax year, and the appellant shall 
when taxes are due pay all taxes due at the assessed valuation 
for such preceding year. If the judgment of the court shall be 
rendered after the appellant shall have paid taxes based upon 
the assessed valuation for such preceding year, the court shall 
ascertain and determine the amount of taxes so paid, and ren¬ 
der judgment only for the difference, if any, due upon the as¬ 
sessed valuation for such preceding year and the valuation as 
fixed by the court. From the judgment of the trial court, either 
party may appeal to the Supreme Court within thirty days 
from the rendition of the judgment. Provided, that if the jury 
or court trying the case shall find that the value of the property 
is less than the assessed value on which such tax payer has paid 
taxes for the year in question, such fact shall be certified by the 
clerk of the court to the commissioners court and the tax payer 
shall be entitled to be paid back the amount in excess of his 
taxes actually due by the tax collector, and the tax collector 
shall have credit therefor as an error in assessment on his set¬ 
tlement with the State and county authorities. 

Approved September 14, 1915. 


No. 465.) (H. 682—Vaughan. 

To fix the compensation of members of the boards of revenue in this State 
in counties which now have, or which may hereafter have a population 
of eighty-two thousand people and not exceeding two hundred thousand 
people, according to the last Federal census, or any such census which 
may hereafter be taken, and to provide for the payment of such com¬ 
pensation. 

lie it enacted by the legislature of Alabama: 

Section 1. That the compensation of members of all boards 
of revenue in this State, in counties which now have, or which 
may hereafter have a population of eighty-two thousand people, 
and not exceeding two hundred thousand people, according to 
the last Federal census, or any such census which may hereafter 
be taken, be and the same is hereby fixed at one thousand dol¬ 
lars per annum, for each member of such board, payable in 
monthly installments. 

Sec. 2. That said compensation shall be paid out of the 
general fund of the respective counties on warrants issued by 
the said boards on the treasury. 



489 


Sec. 2>,4. That the compensation provided for in section 1 
of this act shall be the only compensation that the members of 
the board of revenue shall receive. 

Sec. 3. That this act shall take effect immediately upon 
its passage and approval. That all laws and parts of laws, both 
general and local, in conflict or inconsistent with the provisions 
of this act, be, and the same are hereby repealed. 

Approved September 14, 1915. 


No. 467.) (H. 662—Welch. 

AN ACT 

To amend section 7082 of the Code of Alabama of 1907. 

Section 1. Be it enacted by the Legislature of Alabama, 
That section 7082 of the Code of Alabama of 1907, be and the 
same is hereby amended so as to read as follows: Any person, 
firm, or corporation that shall manufacture, or knowingly sell 
or give away, or keep for sale any soda water or other soft drink 
or beverage colored with any coal tar preparation, (except those 
colors which are certified to and whose use has been authorized 
and endorsed by the board of pure food and drug inspection of 
the department of agriculture of the United States), or other 
mineral substance, or sweetened with any other than pure fruit 
syrups or pure cane or beet sugar, shall be guilty of a misde¬ 
meanor, and upon conviction thereof, may be punished by a fine 
of not less than ten nor more than two hundred dollars. 

Approved September 14, 1915. 


No. 469.) 


(H. 851—Weakley. 


AN ACT 

To prescribe and fix the license or privilege tax to be paid by every person, 
firm, company, corporation or association engaged in any business, vo¬ 
cation, occupation, calling or profession in this State, or who shall in 
this State exercise any privileges, for which a license or privilege tax is 
or may be charged; to provide for and regulate the collection of such 
license or privilege tax; to fix the compensation to be paid for the col¬ 
lection of such license or privilege tax; to provide for the distribution, 
application and safe-keeping of the funds arising from the collection of 
such license or privilege tax; to fix a penalty for doing business without 
a license, and to provide for the enforcement thereof, and to further 
provide for the general revenues. 



490 


Be it enacted by the Legislature of Alabama: 

Section 1. That every person, firm, company, corporation 
or association engaged in any business, vocation, occupation, 
calling or profession hereinafter enumerated, or who shall ex¬ 
ercise any privilege hereinafter described for which a license or 
privilege tax is required, shall first procure a license, and shall 
pay for the same, or shall pay for the exercise of such privilege, 
the amounts hereinafter provided. 

1. Abstract companies and persons engaged in the business 
of furnishing abstracts of titles, in towns or cities of twenty 
thousand inhabitants, or more, fifty dollars; in towns or cities 
from ten to twenty thousand inhabitants, twenty-five dollars; 
in towns or cities from five to ten thousand inhabitants, ten dol¬ 
lars; in towns or cities of less than five thousand inhabitants, 
and in all other places, five dollars. 

2. Auctioneers in any town or city of twenty thousand in¬ 
habitants or more, fifty dollars; in towns or cities of eight thou¬ 
sand inhabitants and less than twenty thousand, thirty dollars; 
cities of five thousand inhabitants and less than eight thousand, 
twenty dollars; in cities or towns of more than one thousand 
and less than five thousand, five dollars. The term “auctioneer” 
within the meaning of the foregoing provision shall be deemed 
to apply to any person selling goods, wares, merchandise or live¬ 
stock or other things of value at public outcry, except as herein 
otherwise provided, whether a charge is made for the same or 
not. In the following cases sales at public outcry may be made 
for compensation without license: 

(a) Sales for the estate of a decedent by the personal repre¬ 
sentative, or his agent according to law or by the provisions of 
the will. 

(b) Sales of property conveyed by deed of trust, mortgage, 
or decree, or ordered to be sold according to the mortgage decree 
or order. 

(c) Sales of agricultural products arising from the labor of 
the seller or other labor under his control on or belonging to his 
real or personal estate, and not purchased or sold on specula¬ 
tion. 

(d) All sales under legal process. 

(e) Each transient or itinerant auctioneer, or trader or 
dealer in goods, wares, or merchandise, other than licensed ped¬ 
dlers, and other than traveling agents or wholesale dealers in 
articles making sale thereof by sample, fifty dollars; and this 
tax shall apply to all dealers who are migratory and do not pay 
an advalorem tax. 



491 


3. Each professional actuary, public accountant, architect, 
and each adjuster of fire losses, five dollars to the State, but no 
license shall be paid to the county. If such business is conduct¬ 
ed as a firm, or as a corporation, in which more than one person 
above named is engaged, each person so engaged shall pay a 
license of five dollars, provided that no such license shall be 
charged until the party applying therefor shall have practiced 
his profession for two years in this State, or elsewhere. 

4. Each person engaged in the business of selling adding 
machines, cash registers, typewriters, talking machines, dicta¬ 
phones, phonographs, victrolas, grafanolas or similar machines, 
in counties having a population of sixty thousand, or less, twen¬ 
ty-five dollars; in counties having a population of more than 
sixty thousand, fifty dollars. 

5. Owners and operators of permanent amusement parks 
which shall be open for the public for not more than five months 
of each year may be exempted from the payment of the license 
or privilege taxes on amusements or entertainments licensed by 
this act, provided they take out and pay for a license to operate 
a permanent amusement park at the following rates, to-wit: 
In cities of twenty-five thousand, or more, or within five 
miles thereof, two hundred dollars; in cities of fifteen thousand 
and not more than twenty-five thousand inhabitants, or within 
five miles thereof, one hundred dollars; in cities of five thousand 
and not more than fifteen thousand inhabitants or within five 
miles thereof, fifty dollars; in cities and towns of less than five 
thousand inhabitants, or within five miles thereof, twenty-five 
dollars. 

6. The following license tax or registration fee shall be 
charged on automobiles and motor cars kept for private use. 
For each automobile having a rating of less than twenty-five 
horse power, seven dollars and fifty cents; on each automobile 
having a rating of twenty-five horse power and less than 
thirty horse-power, twelve dollars and fifty cents; on each 
automobile having a rating of thirty horse-power and less than 
forty horse power, seventeen dollars and fifty cents; on each au¬ 
tomobile having a rating of forty horse-power or more, twenty 
dollars. And such license tax shall be based on the insurable 
horse-power of the car. For each electric automobile, twelve 
dollars and fifty cents; on each automobile propelled by steam, 
fifteen dollars. 

7. For each automobile or motor car with less than forty 
horse-power used for commercial or business purposes, a license 
tax or registration fee shall be charged at the same rates as 



492 


above set out, except as hereinafter prescribed; for each automo¬ 
bile or motor car having a rating of forty horse power or more, 
used for commercial or business purposes, twenty-five dollars. 

8. For each automobile or motor car used for transportation 
of passengers paying fare, and having a seating capacity of five 
persons or less, twenty-five dollars; for each automobile or mo¬ 
tor car used for the transportation of passengers paying fare, 
and having a seating capacity of more than five and less than 
ten persons, forty dollars; for each automobile or motor car 
used in the transportation of passengers paying fare, and hav¬ 
ing a seating capacity of ten persons or more, sixty dollars; pro¬ 
vided that automobiles or motor cars running between towns or 
cities ten miles or more apart shall pay a license tax of forty 
dollars in lieu of sixty dollars provided in this section. 
Each person desiring to take out a license to operate a motor 
vehicle for the transportation of passengers for hire, except tax¬ 
icabs, and touring cars hired by the hour or for specified trips 
on terms agreed upon between the passenger and carrier at the 
time of entering upon such service, shall at the time he applies 
for such license make out in writing a statement describing the 
route over which such motor vehicle shall be operated, and nam¬ 
ing the terminal points thereof, and such route shall be plainly 
indicated on the motor vehicle in letters of sufficient size to be 
read at a distance of fifty feet. 

9. For each motorcycle, three dollars; for each motorcycle 
with side car attachment, five dollars. The said several 
sums of money charged as a license tax in this paragraph 
shall be paid to the judge of probate of the respective 
counties, and the payment of such registration fee or license 
tax shall be evidenced by the delivery to the party paying the 
same of a numbered license or tag, which shall be placed in a 
conspicuous place on the rear of the automobile or motor car. 
The State board of equalization shall provide tags for all motor 
cars, and receipts in three parts, one shall be stub to be retained 
by the judge of probate, the second shall be deliverd with the tag 
to the person paying the license fee, and the third, or outward 
coupon, shall be mailed by the judge of probate to the board of 
equalization on the day the license was issued. All parts shall 
be numbered the same as the tag and the different prices of the 
license shall be printed in perpendicular lines between the stub 
and receipt and between the receipt and the third coupon or 
part so that when these parts are separated every piece will show 
the amount of the license received by the judge of probate. The 
stub, license and coupon shall be substantially in form as the 



493 


blanks used for post office money orders, and pay for the same 
out of the appropriation made to said board by the Legislature, 
and deliver the same on the requisition of the various judges of 
probate of the State under such rules and regulations as may be 
prescribed by the State board of equalization. There shall be 
provided tags for vehicles used for commercial purposes of dif¬ 
ferent shape and design from that used for pleasure cars. The 
money collected for such license taxes shall be divided as fol¬ 
lows: Forty percentum of the gross revenue derived from any 
incorporated city or town shall be paid by the judge of probate 
to the treasurer of the city or town in which the owner or 
licensee resides, and forty percentum of the gross revenue de¬ 
rived from any county outside of any incorporated city or town 
shall likewise be paid by the judge of probate to the treasurer 
of said county; the remainder shall be paid by the judge of pro¬ 
bate to the State treasurer. The judge of probate shall be enti¬ 
tled to two and one-half per cent, commission on all money col¬ 
lected under the provisions of this paragraph, which he may 
retain out of the money so collected. The judge of probate shall 
make settlement for the licenses collected by him not later than 
the fifth and twentieth day of each month. The registration fee 
or license tax herein required to be paid on automobiles or mo¬ 
tor cars or motorcycles shall be in lieu of all other privilege or 
license tax, which the State or any county or municipality 
thereof might impose, where the automobile or motor car or 
motorcycle is used by the owner for his private use and that of 
his family; provided, however, that incorporated cities or towns 
are hereby authorized to collect a reasonable license or privilege 
tax on motor vehicles used for carrying passengers or freight 
for hire. Nothing in this act shall be construed to prevent the 
collection of an advalorem tax on automobiles, motor cars or 
other vehicles. Provided, however, that nothing herein con¬ 
tained shall be construed so as to impose a license tax on auto¬ 
mobiles, motor cars, engines or trucks, or motorcycles owned 
and used by any municipal corporation in this State, but all 
such vehicles shall bear a numbered tag, which the judge of pro¬ 
bate is authorized to deliver without the payment of any fee or 
charge, except the sum of fifty cents to cover the cost of each tag 
delivered by him to such municipal corporation, and the pro¬ 
ceeds of such payments shall be paid to the State treasurer, 
without any deduction for commissions by the judge of probate. 
The license provided for by this paragraph shall not be delin¬ 
quent until November first of each year. When a person buys 
an automobile, motorcycle, or motor vehicle, after October first 



494 


the license shall not be delinquent for two weeks after such pur¬ 
chase. One-half of the license herein provided shall be paid 
where the license is taken out after April first. 

9a. There is hereby appropriated annually out of any money 
in the treasury not otherwise appropriated the sum of ten thou¬ 
sand dollars, or so much thereof as may be necessary to pay for 
the purchase and delivery of the automobile tags required by 
this act. All bills for the purchase and delivery of said tags 
shall be approved by the chairman or two members of the board 
of equalization, and the auditor may draw warrants against 
this appropriation in such sums, and from time to time as may 
be required. 

10. -Upon each and every agent of and dealer in, and upon 
every person soliciting orders for the sale or purchase of auto¬ 
mobiles, motor cars, or other self propelling vehicles, except 
motorcycles, and except any person regularly employed by a 
said agent of and dealer in, which said agent of and dealer in, 
has paid the privilege tax or license herein provided for, the fol¬ 
lowing privilege tax or license shall be collected, to-wit: In 
each county having a population of less than twenty thou¬ 
sand people, twenty-five dollars; in each county having a popu¬ 
lation of more than twenty thousand people and less than forty 
thousand inhabitants, fifty dollars; in each county having a pop¬ 
ulation of forty thousand, and less than sixty thousand inhabit¬ 
ants, seventy-five dollars; in each county having a population of 
sixty thousand and less than one hundred thousand inhabitants, 
one hundred dollars; in each county having a population of one 
hundred thousand inhabitants, or more, one hundred and twen¬ 
ty-five dollars. 

11. For each automobile garage for the storage and repair 
of automobiles, one-half of the rates specified in the preceding 
section; for each person, firm, corporation or association who 
receives or solicits orders for or who deals in automobile sup¬ 
plies or accessories, one-half of the rates specified in the preced¬ 
ing section. 

12. Each owner, or lessee of a baseball park, where admis¬ 
sion fees are charged, in cities or towns of less than ten thou¬ 
sand inhabitants, or within five miles thereof, ten dollars; in 
cities or towns of more than ten thousand, and less than twen¬ 
ty-five thousand inhabitants, or within five miles thereof, twen¬ 
ty-five dollars; in cities or towns of more than twenty-five thou¬ 
sand and less than fifty thousand inhabitants, or within five 
miles thereof, fifty dollars; in cities or towns of more than fifty 
thousand inhabitants, or within five miles of any such city or 



495 


town, one hundred dollars; provided, that when baseball is al¬ 
lowed by law to be played in any city or town on Sunday, the 
license therefor in such city or town shall be double the amount 
hereinbefore named; provided, that this section shall not apply 
to baseball parks owned or maintained in good faith by educa¬ 
tional institutions located in this State. 

13. For engaging in the business of dealing in, renting or 
hiring bicycles and motorcycles, either or both, in cities of 
over twenty thousand inhabitants, fifteen dollars; in cities be¬ 
tween ten and twenty thousand inhabitants, ten dollars; in 
cities and towns of less than ten thousand inhabitats, five dol¬ 
lars. 

14. For each billiard table for the use of which money or 
other compensation is charged, twenty-five dollars. 

15. Each owner or proprietor of any bill board, bill board 
space, wall space or other space let for the purpose of advertis¬ 
ing, and all advertising companies displaying advertisements 
in public places, and each person engaged in the business of bill 
posting, in cities or towns of twenty thousand, or more, twenty- 
five dollars; in cities and towns of from ten to twenty thousand 
inhabitants, fifteen dollars; in cities and towns of less than ten 
thousand inhabitants, five dollars. 

16. Each person engaged in the business of making bonds, 
and charging for the same, except guarntee or surety companies 
or corporations otherwise specifically licensed, one hundred 
dollars per annum. 

IT. Each person other than a merchant paying an ad va~ 
lorem tax on his stock of goods, who shall receive subscriptions* 
for or shall sell or in any manner furnish books, maps, prints, 
pamphlets, or periodicals, shall pay a privilege tax of ten dol¬ 
lars in each county in this State in which he shall do business; 
but this shall not apply to persons distributing or selling by 
subscription any religious books, pamphlets or periodicals. 

18. For the business of bottling non-alcoholic, or other 
carbonated drinks, as follows: 

(a) For every foot power crowning machine operated at 
any time during a license year, fifty dollars per annum, and 
one hundred dollars per annum for every additional machine. 

(b) For every automatic crowning machine of smallest 
type having a capacity of two foot power machine, operated any 
time during a license year, one hundred and seventy-five dollars 
per annum. 

(c) For every automatic crowning machine of the inter¬ 
mediate type, having the capacity of four foot power machine, 



496 


and operated at any time during a license year, three hundred 
and seventy-five dollars per annum. 

(d) For every automatic crowning machine of the largest 
type, having a capacity of six foot power machine operated at 
any time during a license year, five hundred and seventy-five 
dollars per annum. 

(e) For every automatic crowning machine of any other 
size or type operated at any time during a license year, fifty 
dollars per annum for the first foot power capacity, and an 
additional one hundred dollars for each additional foot power 
capacity. 

19. Each building and loan association organized under the 
laws of this State, or any other State or county, doing business 
in this State, shall pay in advance on the first day of each year, 
to the State treasurer, a privilege tax of sixty cents on each 
one thousand dollars of its capital stock issued. And every 
such association, foreign or domestic, shall also be asessed for 
taxation and shall pay taxes upon its real and personal prop¬ 
erty in this State. No municipal corporation shall charge or 
collect a license or privilege tax on building and loan associa¬ 
tions in excess of seventy-five per cent, of the State license. 

20. For bowling alleys or ten pin alleys for the use of which 
money or other compensation is charged, twenty-five dollars for 
each alley. 

21. For each commission merchant or merchandise broker 
other than produce dealers for commisison, in towns and cities 
of less than twenty-five hundred inhabitants, five dollars; in 
towns and cities of twenty-five hundred and less than five thou¬ 
sand inhabitants, ten dollars; in cities of five thousand and less 
than ten thousand inhabitants, fifteen dollars; in cities of ten 
thousand and less than twenty-five thousand inhabitants, twen¬ 
ty-five dollars; in cities of twenty-five thousand inhabitants, or 
more, fifty dollars. 

22. For each dealer in playing cards, ten dollars. 

23. For every person selling at retail in any quantities less 
than a quart, drinks known as ciders, or any similar drink, 
where the same is permitted to be drunk by the glass, or single 
drink, in, on or about the premises where sold, fifty dollars. 
Any person who sells such ciders, or similar drinks, in quanti¬ 
ties greater than quart, shall pay an annual license of one 
hundred dollars. 

24. Every dealer who may sell or give away cigarettes, 
cigarette paper or cigarette tobacco, or who furnishes their cus¬ 
tomers with cigarettes, cigarette paper or cigarette tobacco, 



497 


in connection with any other purchase or transaction, or who 
may keep in their places of business any of said articles, wheth¬ 
er sold or given away in connection with other purchases, in any 
place outside of incorporated towns or villages, five dollars; 
m incorporated towns and cities of five thousand or less inhabi¬ 
tants, ten dollars; in cities of more than five thousand and not 
exceeding ten thousand inhabitants, twenty dollars; in cities of 
more than ten thousand and not exceeding twenty thousand 
inhabitants, twenty-five dollars; in all cities having more than 
twenty thousand inhabitants, thirty-five dollars. 

. Each person operating a circus shall pay for each dav’s 
exhibition, where the seating capacity of such circus is one 
thousand, or less, twenty-five dollars; where the seating capacity 
is more than one thousand and less than two thousand, fifty 
dollars; where the seating capacity is more than two thousand, 
and less than four thousand, one hundred dollars; where the 
seating capacity is more than four thousand, two hundred dol¬ 
lars, and the license hereinabove provided for shall include the 
license for a menagerie accompanying the circus. For each 
day s exhibition of each side show accompanying such circus 
and for each merry-go-round or flying jenny accompanying such 
circus, ten dollars per day, and all such license or licenses, when 
paid, shall be kept or deposited with the door keeper, gate 
keeper or ticket receiver, whose duty it shall be to exhibit the 
same on demand to the sheriff of the county or his deputy, and 
it shall be the duty of the sheriff in person, or by his deputy to 
call on such door keeper, gate keeper, or ticket receiver, and 
inspect the license or licenses taken out for such circus, show 
exhibition or merry-go-round before the performance begins’ 
and if the proper license or licenses have not been taken out and 
paid for as hereinabove provided, to prohibit such circus exhibi¬ 
tion or performance until the proper license is taken out in 
accordance with the provisions of this act, and it shall be the 
duty of the sheriff to arrest the owner, proprietor, or manager 
or other party or parties in charge of such circus, exhibition, or 
menagerie, who shall give such exhibition without the payment 
of the license herein required, and take him before the proper 
court for the trial of such offense, and any sheriff failing to 

perform the duties herein required of him, is guiltv of a misde- 
mea n or. 

26. Whenever any circus gives a street parade over anv 
of the streets, roads or thoroughfares in this State, the follow¬ 
ing license shall be paid: In towns or cities of more than one 
hundred thousand inhabitants, fifty dollars; in towns and cities 



498 


of less than one hundred thousand and more than fifty thou¬ 
sand, thirty-five dollars; in towns and cities of less than fifty 
thousand inhabitants and more than twenty-five thousand in¬ 
habitants, twenty-five dollars; in all other places, fifteen dol¬ 
lars. And it shall be the duty of the sheriff to see that the 
proper license has been issued before such parade shall start. 
This license is in addition to the license provided in the pre¬ 
ceding section. . , 

27. Every horse, dog and pony show where an admission 
is charged shall be considered a circus, and shall pay the license 
provided in the two preceding sections, and every exhibition 
of athletic or acrobatic feats or of horsemanship m every build¬ 
ing, space, tent, or area shall be regarded as a circus, provided 
that this section shall not apply to such exhibition in a theatre 
paying a theatrical license, nor shall it apply to athletic games, 
exhibitions or contests by students of any school or college. 

28. Each person dealing in coal or coke in towns or cities 
of five thousand inhabitants’ or less, five dollars; in cities of five 
thousand and not more than twenty thousand inhabitants, ten 
dollars; in cities of twenty thousand or more inhabitants, 
twenty-five dollars; but this shall not apply to persons who sell 
in quantities of less than one ton, or to persons who mine their 
own coal and sell the same in wagon load lots only. 

29. Each person engaged in the cold storage business shall 
pay an annual license according to the following schedule: For 
a refrigerating capacity of fifty thousand and not more than 
one hundred thousand cubic feet, twenty-five dollars; for a 
refrigerating capacity of one hundred thousand and not more 
than two hundred thousand cubic feet, fifty dollars; for a re¬ 
frigerating capacity of two hundred thousand cubic feet, or 
more, one hundred dollars; each person, firm or corporation 
operating a refrigerating pipe line for the purpose of refrigerat¬ 
ing the rooms, premises, goods, wares or merchandise of others 
for profit, seventy-five dollars. 

30. Each collecting agency in towns and cities of twenty 
thousand and more inhabitants, one hunddred dollars; in towns 
and cities of less than twenty thousand inhabitants, twenty-five 
dollars. Each person, firm, association of persons, or corpora¬ 
tion which shall employ agents to solicit claims for collection, 
or shall send out circulars or other notices soliciting claims for 
collection, or shall send out circulars or other notices soliciting 
claims for collection from persons, firms, or corporations in the 
State, shall be deemed a collecting agency within the meaning 
of this section. 



499 


31. Each person, firm or corporation, or association whose 
principal business is inquiring into and reporting upon the 
credit and standing of persons in this State, shall pay to the 
State a license of three hundred dollars, and shall also pay a 
license of fifty dollars to each county in which such person, 
firm, corporation or association maintains an office or estab¬ 
lished place of business, except that persons, firms, associations 
or corporations inquiring into and reporting to retail dealers 
upon the credit and standing of individuals shall not be re- 
quired to pay this license. 

32. For each concert, musical entertainment, public lec¬ 
ture, or other public entertainment, where charges are made for 
admission, or for the use of any instrument or device, or the 
participation in any exercises or entertainment, not given 
wholly for charitable, school or religious purposes, and not 
otherwise provided for, ten dollars; but the provisions of this 
subdivision shall not apply to exhibitions or entertainments 
given in theatres when the owners or managers thereof have 
taken out license as owner or manager and provided further 
that this license shall not be charged for any lecture or lecture 
course given as part of the course of instruction in any educa¬ 
tional institution provided further that the provisions of this 
section shall not apply to chautauquas, lecture lveeums, or 

cStin^ ie ! d U n der the auspices of religious or charitable asso¬ 
ciations. in all cases where such exhibitions shall be in the 

? a l lre , of n a continuous show or performance, the license shall 

e five dollars per day, fifteen dollars per week, or thirty dollars 
por mon tii. 1 

33. For each person, firm or corporation engaged in the 
business of constructing bridges, dams, waterworks, roads, 
railroads or other structures or works of a like public nature 

!i?oi UU<Hl f' ' n ° ri :1S a contractor, or sub-contractor, twenty-five 
dollars for each county where doing business. 

n J 4 . , Eadl P ers on, firm or corporation whose principal busi- 
ness is buymg cotton, twenty-five dollars, which shall entitle 
nim to buy cotton in any county in this State. 

35. For each person owning or operating any compress 
purpose of compressing cotton, for each compress com¬ 
pressing not more than fifty thousand bales, fifty dollars- for 
each compress compressing more than fifty thousand bales in 

any one year, one hundred dollars. 

eottrm ™rn r eve ! , l pe j‘ s0n operating any cotton seed oil mill, 

f r n m / i °i a , fact 1 ° ry ’ ten dollars > where the investment 
plant and fixtures is less than twenty thousand dollars; on • 



500 


every plant where the investment is twenty thousand, and less 
than fifty thousand dollars, thirty dollars; on every plant where 
the investment is fifty thousand dollars, and under one hundred 
thousand dollars, fifty dollars; on every plant where the in¬ 
vestment is one hundred thousand dollars, and under five 
hundred thousand dollars, one hundred dollars; on every plant 
where the investment is five hundred thousand dollars, and un¬ 
der one million dollars, one hundred and fifty dollars; on every 
plant where the investment is one million dollars, or over, two 
hundred dollars. 

37. Each dealer in coffins in unincorporated places or 
towns of one thousand inhabitants, or less, five dollars; in towns 
and cities of over one thousand inhabitants, and not exceeding 
ten thousand inhabitants, ten dollars; in cities of over ten 
thousand and not exceeding twenty thousand inhabitants, fif¬ 
teen dollars; in cities of over twenty thousand inhabitants, 
twenty-five dollars. If the dealer is an embalmer, he shall pay 
an additional license of ten dollars. 

38. Each person engaged in the business of operating a 
detective agency, or each company or corporation doing busi¬ 
ness as such in this State, fifty dollars. 

39. For each device used by persons as a source of profit 
to themselves, such as throwing at wooden figures, or any object 
of like character, striking at an object to test the strength, 
blowing to test the lungs, or other devices of like character, 
or for operating a cane rack, or knife rack, or similar rack or 
table, twenty-five dollars, to be paid in each county in whic 
it is operated, but this subdivision shall not be so construed as 
to legalize the operation of any device which is now prohibited 

^ 40. Each person practicing the profession of dentistry shall 
pay an annual license of five dollars to the State, but no license 
shall be paid to the county. If such business is conducted as 
a firm, or as a corporation, in which more than one dentist is 
engaged, each dentist so engaged shall pay a license of five dol¬ 
lars provided further that no dentist shall be required to pay a 
license until after he has practiced his profession for two 

41. Each person compiling, selling or offering for sale, di¬ 
rectories in cities or towns of fifty thousand inhabitants, or 
over, fifty dollars; in cities or towns of twenty thousand, and 
less’than fifty thousand inhabitants, twenty-five dollars; in 
cities or towns of ten thousand or less than twenty thousand 
inhabitants, ten dollars. 



501 


42. Each person engaged in the practice of medicine shall 
pay an annual license of five dollars to the State, but no license 
shall be paid to the county. If such business is conducted as a 
firm, or as a corporation, in which more than one person is 
engaged, each person so engaged shall pay a license of five dol¬ 
lars; provided further that no license shall be required until 
such person has practiced his profession for two years. 

43. Each emigrant, agent or person engaged in hiring la¬ 
borers, or soliciting emigrants in this State, to be employed or 
t° S° beyond the limits of the State, must pay an annual license 
of five hundred dollars in every county in which he operates or 
solicits emigrants. 

44.. Each person practicing the profession of civil, electri¬ 
cal, mining or mechanical engineering, shall pav an annual 
license of five dollars to the State, but no license shall be paid 
to the county. If such business is conducted as a firm or cor¬ 
poration in which more than one engineer is engaged, each engi¬ 
neer so engaged shall pay a license of five dollars, provided that 
no such engineer shall be required to pay this license until after 
he has practiced his profession for two vears in this State or 
elsewhere. 

45. For each entertainment in towns or cities of over one 
thousand inhabitants, where dancing is had or permitted to be 
had, and where an admission fee is charged, five dollars for each 
entertainment; but this shall not apply to an entertainment 
given in a regularly licensed theatre. 

46. ^ I or each person soliciting or engaged in cleaning and 
renovating feathers, in each county, one hundred dollars. 

47. There is hereby levied and shall be collected from 
every express company doing an express business between points 
wholly within this State, and without reference to its interstate 
business, whether incorporated under the laws of this State, or 
whether incorporated at all, a license or privilege tax of four 
thousand dollars, which shall be paid to the treasurer of said 
State by said company on or before the expiration of the fif¬ 
teenth day of each fiscal year. Provided that any express com¬ 
pany which operates on less than fifty miles of'railroad shall 
pay an annual tax of two hundred and fifty dollars, and pro- 
vided, that any express company which operates on more than 
fifty miles and on less than two hundred miles of railroad 
shall pay an annual license of five hundred dollars, and pro¬ 
vided further, that all express companies that operate over two 
hundred and not over five hundred miles, shall pay an annual 
tax of two thousand five hundred dollars. 



502 


(a) In addition to said amount paid to the State as afore¬ 
said for State purposes, there may be levied and collected by 
the several towns and cities of the State from said express 
company or companies for the privilege of doing business with¬ 
in the municipal limits, a privilege tax or license tax to be com¬ 
puted, and based on the population of said cities, as fixed by 
the last Federal census, as follows, to-wit: 

(b) In municipalities having a population of five hundred 
people, or less than this number, two dollars and fifty cents 
per annum. 

(c) In municipalities having a population of five hundred 
and over, and not exceeding one thousand, fifteen dollars per 
annum. 

(d) In municipalities having a population of one thousand 
and not exceeding two thousand, twenty-five dollars per an¬ 
num. 

(e) In municipalities having a population of two thousand, 
and not exceeding three thousand, thirty-five dollars per annum. 

(f) In municipalities having a population of three thousand 
and not exceeding four thousand, forty-five dollars per annum. 

(g-) In municipalities having a population of four thousand 
and not exceeding five thousand, seventy-five dollars per an- 
num. 

(h) In municipalities having a population of five thousand 
and not exceeding ten thousand, one hundred and twenty-five 
dollars per annum. 

(i) In municipalities having a population of ten thousand, 
and not exceeding fifteen thousand, one hundred and seventy- 
five dollars per annum. 

(j) In municipalities having a population of fifteen thou¬ 
sand and not exceeding twenty thousand, two hundred dollars 
per annum. 

(k) In municipalities having a population of twenty thou¬ 
sand and not exceeding twenty-five thousand, two hundred and 
fifty dollars per annum. 

(l) In municipalities having a population of twenty-five 
thousand and not exceeding thirty thousand, three hundred dol¬ 
lars per annum. 

(m) In municipalities having a population of thirty thou¬ 
sand and over, five hundred dollars per annum. 

(n) The license or privilege taxes above provided which 
shall be paid to the State and several towns and cities accord¬ 
ing to population as above stated, shall be in lieu of all other 
license or privilege taxes required of said express companies in 



503 


this State, by an authority thereof, and shall be in lieu of all 
other taxes of whatever nature, except an advalorem tax upon 
tangible and intangible property of said company located in 
said State. 

48. For each person engaged in the business of selling 
spectacles or eye glasses, five dollars. 

49. For each person owning or operating any fertilizer fac¬ 
tory in which the capital invested does not exceed twenty-five 
thousand dollars, fifty dollars; in which the capital invested 
exceeds twenty-five thousand dollars, and does not exceed fifty 
thousand dollars, one hundred dollars; in which the capital 
invested exceeds fifty thousand dollars, and does not exceed 
one hundred thousand dollars, two hundred dollars; in which 
the capital invested exceeds one hundred thousand dollars, two 
hundred and fifty dollars for each factory. For each fertilizer 
mixing plant, fifteen dollars. 

50. Before any person, firm or corporation shall sell or be 
engaged in the business of selling goods, wares, merchandise, 
or other personal property, such sales being advertised as bank¬ 
rupt, insolvent, insurance, assignee, trustee, testator, executor, 
administrator, receiver, auction, syndicate, railroad, or other 
wreck, wholesale or manufacturers or closing out sale, or as 
goods damaged by smoke, fire, water or otherwise, such person, 
firm or corporation shall file an application with the probate 
judge of the county where such sale is held, or to be held, for a 
license, which application shall be accompanied by an affidavit 
stating all the facts relating the reasons for and character of 
such sale so advertised and represented, and including a state¬ 
ment of the names of the persons from whom the goods, wares, 
and merchandise, or other personal property were obtained, the 
date of delivering to the person applying for such license, and 
the place from which said goods, wares and merchandise, or 
other personal property were last taken or brought, and all 
details necessary to exactly locate and fully identify the said 
goods, wares, merchandise or other personal property^ and shall 
further pay to the judge of probate as a license for the privilege 
of selling such goods, wares, merchandise, or other personal 
property, the sum of one hundred dollars, and such license shall 
be required in each county where such business may be con¬ 
ducted; and upon the filing of such application and" affidavit 
and payment of said sum, the judge of probate shall issue a 
license to such applicant, but the provisions hereof shall not 
apply to bona fide sales of general assignees for the benefit of 
creditors, or bona fide trustees selling under powers of sale in 



504 


any deed of trust or mortgage or lien, executors and adminis¬ 
trators selling the goods of their decedent, or to any officer sell¬ 
ing the property under legal process, or to regularly licensed 
auctioneers selling bona fide at public outcry in the usual course 
of their business. 

51. Each dealer in fire works, such as roman candles, sky 
rockets, torpedoes, fire crackers, cannon crackers, cap guns, 
devil wheels, and such other articles commonly known as fire 
works in cities or within two miles of said cities of twenty-five 
thousand population, or more, twenty-five dollars; in cities or 
within two miles of said cities of ten thousand population, and 
not more than twenty-five thousand, fifteen dollars; in cities or 
within two miles of said cities of fivfc thousand to ten thousand, 
ten dollars; in all other places, five dollars. 

52. For each flying jenny, called also hobby horses, and 
merry-go-rounds, roller coaster, or other device of like charac¬ 
ter, in cities and towns of twenty thousand inhabitants, or over, 
and within one mile thereof, thirty dollars per year, ten dollars 
for each month, or five dollars for each week; in cities and 
towns of less than twenty thousand inhabitants, and more than 
two thousand inhabitants, or within one mile thereof, twenlv 
dollars per year, five dollars for each month, and two dollars 
and fifty cents for each week. In any other place, ten dollars 
per year, two dollars per month, and one dollar per week; 
provided that whenever any license is taken out by any person 
for a flying jenny, merry-go-round, or other such device for a 
whole year, such person may operate such device at any point 
in the county where the license is taken out, provided that no 
person shall be permitted to opei’ate such device in any locality 
for which a higher license is charged than that which he has 
paid. 

53. For each fortune teller, palmist, or clairvoyant, fifty 
dollars. 

54. For each fruit stand in cities and towns of over ten 
thousand inhabitants, five dollars; in other places, two dollars 
and fifty cents. 

55. For each person engaged in the business of peddling 
fruit from a wagon, fifteen dollars for each wagon, provided this 
license shall be required of any person selling fruit grown by 
him in this State. 

56. For each person engaged in the business of buying, 
selling or exchanging horses, mules, jacks or jennets, twenty 
dollars for each county. 



505 


56^2* For every company of persons who travel from place 
to place and dwell in tents and vehicles and trade in horses or 
mules, one hundred dollars, and fifty dollars to every county in 
which they camp more than one night. 

57. Each person operating a hotel or lodging house con¬ 
taining twenty bed rooms or more for transients shall pay an 
annual license of fifty cents for each bed room used for the 
lodging of guests; the license herein provided for shall permit 
the serving of food to guests occupying rooms. If meals, food 
or refreshment is served to the general public, and charged for, 
then the additional license required to be paid by restaurants, 
cafes, lunch counters and public eating houses shall be paid. 
If the hotel or lodging house is conducted in a town of two 
thousand or less, or in an unincorporated place, the license shall 
be one-half of the foregoing rates. 

58. The term “insurance company” as used in this act 
shall include fire, life, benefit, accident, indemnity, fidelity, 
guaranty, employers liability, casualty, plate glass, burglary, 
automobile, tornado or cyclone, or any other insurance com¬ 
pany charging a premium for contracts entered into by such 
companies, but shall not include fraternal insurance companies 
which are not conducted for profit and insure members only, 
such as Masons, Odd Fellows, Knights of Pythias, and similar 
orders. 

59. No insurance company shall be admitted to or author¬ 
ized to do business in this State until it shall file or deposit with 
the insurance commissioner, a properly certified copy of its 
charter or articles of incorporation, and a sworn statement of its 
financial condition as shown by the last annual statement pre¬ 
pared in such form as has been determined upon by the then 
last convention of the insurance commissioners of the United 
States. Such statement shall be published at the time of filing, 
without expense to the State, in a daily newspaper of general 
circulation published in the State of Alabama. At the time of 
filing the certified copy of the charter or articles of incorpora¬ 
tion of such insurance company, together with the financial 
statement, the insurance commissioner shall collect from such 
company the sum of one hundred dollars as a filing fee, to be 
paid into the State treasury, and thereafter annually before 
the first day of March of each year a similar annual statement 
shall be filed by such insurance company with the insurance 
commissioner, and a like filing fee of one hundred dollars shall 
be collected for the use of the State of Alabama. No license 
or privilege tax shall be charged any insurance company by any 
county. 



506 


(a) Every insurance company, except fraternal benefit or¬ 
ganizations desiring to engage in business in this State, in ad¬ 
dition to complying with the requirements of the preceding 
section, shall within the first sixty days of the fiscal year, file 
with the insurance commissioner a statement which shall show 
that the insurance company has complied with all the require¬ 
ments of the law to authorize it to do business in this State, 
and shall also show the total amount of premiums received by 
it for business done in this State for the preceding fiscal year 
ending December 31st, less return premiums, which statement 
shall be verified by the affidavit of an officer of the company 
having knowledge of the facts, and shall at the same time pay 
to the insurance commissioner the following amounts, that is 
to say: 

(b) Each fire or marine insurance company shall pay one 
and one-half dollars on each one hundred dollars, and every 
other insurance company shall pay two dollars on each one 
hundred dollars of the gross premiums received by it for busi¬ 
ness done in this State, less return premiums, whether the 
same are actually received by said company in this State, or 
elsewhere, during the year ending the 31st day of December 
preceding, as a tax or license for doing business in this State; 
provided that any domestic insurance company shall pay only 
one dollar on each one hundred dollars of gross premiums, less 
return premiums so received by it for business done in this 
State, whether the same be actually received in this State, or 
elsewhere, and no credit or deduction of any kind shall be al¬ 
lowed or made on account of the cost of reinsurance taken by 
such company in a company not authorized to do business in 
this State; provided, however, that any insurance company 
for its first year’s business in Alabama, shall pay a flat privilege 
or license tax for the use of the State in the sum of five 
hundred dollars. The books of said company shall be accurately 
kept, and shall show the date of receipt and number of policy 
and character and amount of each premium so received by it 
for business done in this State, and the name and address of 
each person from whom such premium was received. Said 
books shall always be open to the inspection of the insurance 
commissioner and the State board of equalization. Any insur¬ 
ance company failing to file such statement with the insurance 
commissioner, or willfully failing to keep its books in substan¬ 
tial compliance with the provisions of this section, or refusing 
to allow an inspection of its books at any time by the insurance 
commissioner, shall be guilty of a misdemeanor, and shall pay 



507 


to the State, in addition to said taxes, the sum of five hundred 
dollars within sixty days from the date of notice from the insur¬ 
ance commissioner of such delinquency, and shall be liable to a 
penalty of double the amount of such tax or license, and shall 
also be barred from transacting any business of insurance in 
this State until said taxes and penalties are fully paid. No offi¬ 
cer or any board shall have any power or authority to remit or 
compromise any portion of the penalties herein prescribed. After 
the year 1915, no license or privilege tax, or other charge for 
the privilege of doing business shall be imposed by any munici¬ 
pal corporation upon any fire or marine insurance company 
doing business in such municipality, except upon a percentage 
of each one hundred dollars of gross premiums less return prem¬ 
iums on policies issued during the preceding year on property 
located in such municipality; provided, that such percentage 
shall not exceed four dollars on each one hundred dollars and 
major fraction thereof of such gross premiums; and no credit 
or deduction of any kind shall be alkwed or made on account 
of the cost of reinsurance taken by such company in a company 
not authorized to do business in this State; provided, however 
that any municipality may charge a flat minimum license at 
the beginning of each year for new companies doing business 
therein on which there shall be an adjustment of the expiration 
of such year upon such percentage basis as may be fixed by said 
municipality; and provided further that such"percentage"shall 
not exceed four per cent of the gross premiums, less return 
premiums, collected by such companies on policies issued during 
the preceding year in such municipality. And in addition to 
said amount paid the State, there may by ordinance be levied 
and collected by the several cities and towns of the State from 
every insurance company other than fire and marine insurance 
companies for the privilege of doing business within the limits 
of said cities and towns, a privilege or license tax, to be com¬ 
puted and based on the population of said cities and towns as 
fixed by the last Federal census, not exceeding the following 
scale, to-wit: 

(a) Each such insurance companies in cities and towns hav¬ 
ing a population of five thousand or less, ten dollars, and one 
dollar on each one hundred dollars and major fraction thereof, 
of the gross premiums, less return premiums, received during 
the preceding year on policies issued during said year to citizens 
of said cities and towns. 

(b) Each such insurance companies in cities and towns hav¬ 
ing a population of five thousand and not over ten thousand, 



508 


fifteen dollars, and one dollar on each one hundred dollars, and 
major fraction thereof, on gross premiums, less return pre¬ 
miums, received during the preceding year on policies issued 
during said year to citizens of said town and cities. 

(c) Each such insurance company in cities and towns hav¬ 
ing population of ten thousand and not exceeding fifty thou¬ 
sand, twenty dollars, and one dollar on each one hundred dol¬ 
lars and major fraction thereof of gross premiums, less return 
premiums received during the preceding year on policies issued 
during said year to citizens of said cities and towns. 

(d) Each such insurance company in cities and towns hav¬ 
ing a population of more than fifty thousand, fifty dollars, and 
one dollar on each one hundred dollars and major fraction 
thereof, of gross premiums, less return premiums received dur¬ 
ing the preceding year on policies issued during said year to 
citizens of said cities and towns. Upon the payment or tender 
of the amount named in such ordinance of any city or town, any 
such insurance company which is authorized to do business in 
this State shall be permitted to do business in said city or 
town, through its agents, who shall not be subject to or requir¬ 
ed to pay further privilege or occupation tax for representing 
such company or soliciting business for it. On the 31st day of 
December of each year, or within sixty days thereafter, each 
insurance company which did any business in any city or town 
in this State during any part of the preceding year shall, if a 
license or privilege tax is imposed by said city or town on such 
insurance companies, furnish the mayor or executive head of 
such city or town a statement in writing duly certified, showing 
the full and true amount of gross premiums, less return pre¬ 
miums, received during the preceding year, as provided under 
this act, and shall accompany such statement with the amount 
of license due according to the foregoing schedule. Failure to 
furnish such statement, or to pay such sum, shall subject the 
company and its agents to such penalties as the ordinance of 
such city or town may prescribe for doing business therein with¬ 
out a license. 

60. Each foreign insurance company desiring to carry on 
a business in this State, and each domestic insurance company, 
shall at the time of filing its annual statement procure from 
the insurance commissioner a certificate for each agent of such 
company in this State, showing that said company is author¬ 
ized to do business, and the commissioner shall collect for the 
use of the State for each certificate issued by him, a fee, of 



509 


four dollars, and for each official seal impressed on said cer¬ 
tificate a fee of one dollar. 

61. For each ice factory, one dollar per annum for each ton 
capacity per day. 

62. For each machine, such as nickel-in-the-slot, or other 
device of like character, whether the same is charged for or 
not, ten dollars; for each penny-in-the-slot machine, five dol¬ 
lars. This shall apply to music boxes, phonographs, etc. having 
the nickel-in-the-slot device, but shall not apply to any device 
prohibited by law, or to any machine from which individual 
drinking cups, postage stamps, electricity or gas is received for 
the amount placed in said machine. Where several such slot 
machines are run or operated as a “penny arcade” or like place 
of amusement, the total license on all machines so run or operat¬ 
ed in any one “penny arcade” or like place of amusement shall be 
one hundred dollars per annum in towns or cities of more than 
twenty thousand inhabitants for the State, and fifty dollars for 
the county, and in all other places, fifty dollars per annum to 
the State and one-half of this amount to the county. This li¬ 
cense shall be due and payable by the person, owner or proprie¬ 
tor of the establishment, store or place of business in Or at 
which such slot machine is located, and the State shall have a 
lien for the payment of such license upon such machine, which 
lien may be enforced by attachment. 

63. For each menagerie or museum when not in connection 
with a circus for each day’s exhibition, twenty-five dollars. 

64. For each junk dealer in cities and towns of over fifty 
thousand inhabitants, one hundred dollars; in cities and towns 
of less than fifty thousand inhabitants, and over ten thousand 
inhabitants, fifty dollars; in cities and towns of three thousand 
inhabitants, and less than ten thousand inhabitants, twenty- 
five dollars; in cities or towns under three thousand inhabi¬ 
tants, or within ten miles thereof, ten dollars. Each junk 
dealer, his clerk, agent or employee shall keep a book open to in¬ 
spection, in which he shall make entries of all articles of rail¬ 
road iron and brass, pieces of machinery, and plumbing mate¬ 
rial purchased by him, together with the name of the party from 
whom purchased, and upon failure to keep such book or rec¬ 
ord, and produce it on demand, the dealer shall forfeit his li¬ 
cense. Each junk dealer, his clerk, agent or employee, to whom 
any new and unused articles or x'ailroad iron and brass and 
pieces of machinery shall be presented for sale shall notify the 
police authorities that such articles are offered for sale within 



510 


a reasonable time thereafter, otherwise his license shall be for¬ 
feited. 

65. For each laundry other than those run by hand power, 
ten dollars. This shall apply to laundries run by hotels for 
profit, and shall not apply to laundries in towns and villages of 
less than one thousand inhabitants. 

66. Each attorney engaged in the practice of law shall pay 
an annual license of five dollars to the State, but no license 
shall be paid to the county. If such business is conducted as 
a firm, or as a corporation, in which more than one lawyer is 
engaged, each lawyer so engaged shall pay a license, provided, 
however, that no lawyer shall be required to pay a license un¬ 
til after he has practiced his profession for two years. 

67. For each exhibition of feats of legerdemain or sleight 
of hand, or other exhibition or entertainment of like kind, twen¬ 
ty-five dollars. 

68. For each person selling or delivering lightning rods 
one hundred and fifty dollars for each county in which they 
^ell or deliver said article; and for each wagon and team used 
in delivering or displaying the same, an additional sum in each 
county of twenty-five dollars, but this section shall not apply 
to merchants selling lightning rods at their regular establish¬ 
ed places of business. 

69. For each merchandise broker in cities of twenty-five 
thousand inhabitants, or more, twenty-five dollars; in cities of 
five thousand inhabitants, and less than twenty-five thousand 
inhabitants fifteen dollars; in cities of five thousand and less 
than ten thousand inhabitants, ten dollars; in towns of twenty- 
five hundred inhabitants and less than five thousand, five dol¬ 
lars ; in towns of less than twenty-five hundred inhabitants, two 
dollars and fifty cents. 

70. For each person who is engaged in the business of sell¬ 
ing, or erecting monuments or tombstones in the State, five dol¬ 
lars for each county in which he sells or erects such monument 
or tombstone; provided that this shall not apply to benevolent 
and fraternal societies that place monuments at the graves of 
their members. 

71. Every person, firm or corporation, whose principal 
business is lending money, and who has a fixed place of bus! 
ness for such purpose, shall pay an annual license of one hun¬ 
dred dollars, and this sub division shall apply to all corpor¬ 
ations engaged in business whether organized under the laws 
of this State or any other State or country, but shall not apply 
to banks or banking institutions regularly organized as such; 



511 


,the payment of the tax in one county of the State, as evidenced 
by the license or official certificate of the probate judge shall 
be sufficient. 

72 (a). No mortgage, deed of trust, contract of condition¬ 
al sale, or other instrument of like character which is given to 
secure the payment of any debt, and which conveys any real or 
personal property situated within this State, or any interest 
therein, shall be received for record unless the following priv¬ 
ilege or license taxes shall have been paid upon such instru¬ 
ment before the same shall be offered for record, to-wit: Upon 
all such instruments which are executed to secure any indebt¬ 
edness which shall not exceed one hundred dollars, there shall 
be paid the sum of fifteen cents, and upon all such instruments, 
which shall be executed to secure an indebtedness of more than 
one hundred dollars, there shall be paid the sum of fifteen cents 
for each one hundred dollars of said indebtedness, or fraction 
thereof, which is secured by said mortgage, deed of trust, con¬ 
tract of conditional sale, or other instrument of like character, 
to be paid for by the lender. 

(b) That when any deed is filed for record which recites that 
part of the purchase money is unpaid, such deed to the extent of 
such unpaid balance shall be held and treated as a mortgage, 
and the mortgage tax shall be collected bv the judge of probate 
in addition to the tax for recording the instrument as a deed 
before recording the same, unless said balance of purchase mon¬ 
ey shall be secured by a mortgage or deed of trust, which has 
already been filed for record, and the tax thereon paid and 
the fact of such prior payment shall be endorsed on the deed. 
When any such deed is recorded, and the tax thereon is paid, 
and thereafter a mortgage securing the debt is filed for record, 
the same shall be admitted to record without the payment of 
the mortgage tax, and the fact of such prior payment shall be 
endorsed on the deed. 

(c) The privilege taxes required by law to be paid on mort¬ 
gages. deeds of trust and similar instruments shall not be re¬ 
quired on or for the filing of any such instrument providing 
additional or substituted security for any indebtedness secur¬ 
ed by an instrument previously filed upon the filing of which 
the taxes provided by law have been paid or which was filed at 
a time Avhen no such privilege taxes were required by law, pro¬ 
vided the secured indebtedness remains unchanged in amount 
and in time of maturity. 

(d) Upon filing for record of such mortgage, deed of trust, 
contract of conditional sale, or other instrument of like char- 



512 


acter, the person to whom the same shall be made payable, or 
his agent, shall present the said instrument to the judge of pro¬ 
bate of the county within which the property conveyed there¬ 
by or any part thereof is situated, and shall pay to the pro¬ 
bate judge the amount of the tax required under this sub¬ 
division to be paid upon such mortgage, deed of trust, contract 
of conditional sale, or other instrument of like character, and 
upon such payment the probate judge or his clerk shall certi¬ 
fy on said mortgage, deed of trust, contract of conditional sale, 
or other instrument of like character, the fact that the said tax 
has been paid, and when so certified by the probate judge or his 
clerk, such instrument shall be admitted to record in any coun¬ 
ty wherein any of the property mentioned in said instrument is 
situated, without the payment of any further tax thereon, ex¬ 
cept the fee of the probate judge for recording such instru¬ 
ment, and such certificate of the probate judge shall be record¬ 
ed by the said probate judge when such instrument is recorded. 
The tax herein provided for shall be paid upon all contracts 
for the' sale of real or personal property, whether the same be 
in the nature of a conditional sale, or a bond for title, and no 
such contract shall be received for record until such tax shall 
have been paid. 

(e) When the time for the payment of the indebtedness se¬ 
cured by any such mortgage, deed of trust, contract of condi¬ 
tional sale, or other instrument in the nature of a mortgage is 
extended or renewed, and the extension or renewal contract 
is offered for record, the tax required in this subdivision shall 
be paid on the amount of indebtedness so extended or renew¬ 
ed ; and the same shall be governed in all respects by the pro¬ 
visions of this subdivision. There shall be no ad valorem tax 
collected upon any such instrument, or the debts secured there¬ 
by, which shall have paid the tax prescribed by this subdivision, 
either State, county or municipal. 

(f) Of the taxes collected by the probate judge under this 
subdivision, there shall be paid to the county treasurer of the 
county in which such taxes are collected, one-third of the 
amount collected by him, to be accounted for by him, and the 
remaining two-thirds of said amount collected to the State 
treasury. The probate judge shall receive five per cent of the 
amount collected by him as compensation for his services in 
collecting said money, and certifying said instrument, said five 
per cent to be retained by him out of the moneys collected by 
him under this subdivision; but when the property discribed in 
said instrument is situated in different counties within this 



513 


State then the probate judge who collects said taxes shall pay 
ovei the amount due the county treasurer to the county treas¬ 
urer of each of the different counties in which said property is 
situated an amount of said taxes that would he in proportion to 
the value of the property therein as compared with the value 
of the whole property within this State described in said in¬ 
strument. . 

(g) If any part of the property embraced or described in any 
instrument which is required under this subdivision to pay a 
record privilege tax is located without this State, the indebted¬ 
ness upon which the tax shall be paid for the privilege of re¬ 
cording such instrument shall be that proportion of the indebt- 
ness secured by the instrument which the value of the property 
located in this State bears to the value of the whole property 
described in this instrument. The State board of equalization 
may ascertain the value of the whole property, and of that part 
of it which is located within this State, for the purpose of as¬ 
certaining the amount of the indebtedness upon which said tax 
shall be paid. And the value of that part of the property locat¬ 
ed within this State, and the amount of the indebtedness upon 
which such tax shall be paid, shall be ascertained in the fol¬ 
lowing manner: First, the owner of any such instrument, or 
his agent, or attorney, may petition the State board of equal¬ 
ization to ascertain the value of the whole property, and of 
that part of it which is located within this State, and the 
amount of the indebtedness upon which such tax shall be paid, 
and said board of equalization after hearing such evidence as 
may be offered, shall fix and determine the value of that part 
of the property located within this State, and the amount of 
the indebtedness upon which the tax shall be paid, and shall 
endorse its findings on such instrument, and upon the presenta¬ 
tion of said instrument, with such endorsements, to the probate 
judge of the county in which any part of the property is locat¬ 
ed, such endorsement, upon the" payment of the tax'upon the 
amount of such indebtedness as so ascertained by said board of 
equalization and of the recording fees of the probate; or sec¬ 
ond, the owner of any such instrument, or his agent or attor¬ 
ney, may have such instrument recorded by paying to the pro¬ 
bate judge of the county in which the instrument is offered for 
record, the privilege tax on the entire amount of the indebted¬ 
ness secured by such instrument; and may thereupon present 
his petition to the State board of equalization within thirty 
days after said instrument is recorded, and it shall be the duty 
of such board to ascertain the value of the whole property and 

17 GA 



514 


of that part of it located within this State, and to fix and de¬ 
termine the amount of the indebtedness upon which the tax 
shall be paid, and said board shall thereupon ascertain such 
valuation and fix and determine such indebtedness, and sha 
order the judge of probate to refund the excess of privilege tax 
collected by him, and the probate judge shall comply with such 
order; and the tax paid on the entire amount of such indebted¬ 
ness shall be held by the probate judge until the board of equal¬ 
ization determines the amount of the indebtedness upon which 
such tax shall be paid. 

(h) Any probate judge who shall file for record or shall re¬ 
cord any mortgage, deed of trust or other instrument in the 
nature of a mortgage, without collecting the recording or reg¬ 
istration tax provided for the recording or registration of such 
instruments, or who shall fail to certify the fact that said tax 
has been paid before the filing and recording of such instru¬ 
ment, shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than ten nor more than one hundred dol- 
l ar s 

(i) Any probate judge who fails to keep an abstract of mort¬ 

gages or other instruments intended to secure the payment of 
moneys which are filed in his office for record, as he is required 
by law to keep, shall be guilty of a misdemeanor, and upon con¬ 
viction shall be fined not less than ten nor more than five hun¬ 
dred dollars. . 

73. Every person, firm or corporation engaged in the busi¬ 
ness of selling on railroad trains in this State newspapers, pe¬ 
riodicals, magazines, candy, fruits and articles of like charac¬ 
ter shall pay a license tax at the rate of ten cents per mile per 
annum for each and every mile of track upon which such per¬ 
son, firm or corporation operates in this State, and no county 
license shall be charged to any person engaged in the business 
described in this section. The person, firm or corporation de¬ 
siring to engage in such business may take out a separate li¬ 
cense for each division of the railroad upon which it is desired 
to operate, and such license will entitle the holder to carry on 
the business herein described on all trains running over such 
division. Such license shall be paid to the State treasurer. 
Application therefor shall be accompanied by a sworn state¬ 
ment diving the terminal points on the railroad between which 
it is proposed to operate, and the number of miles between such 
terminal points. Any person who shall have paid the license 
specified in this subdivision shall be entitled to receive a cer¬ 
tificate for each agent which he may employ for making such 



515 


sales, showing that such license has been paid, and such cer¬ 
tificate shall be exhibited on demand to any officer authorized 
to collect State revenues as evidence of the right of the holder 
to do business, and no agent of such licensee shall carry on such 
business or make any such sales unless he shall have such cer¬ 
tificate with him. 

74. Each person, firm, corporation or agency selling illumi¬ 
nating, lubricating or fuel oils, or gasoline at wholesale, that 
is to say in quantities of twenty-five gallons, or more, shall pay 
to the State treasurer for the use of the State within two weeks 
from the beginning of the fiscal year, the sum of one-half of one 
per centum on his gross sales for the preceding fiscal year, and 
such payment to the State treasurer shall be accompanied by 
a sworn statement verified by a person having knowldge of 
the facts, showing the amount of the gross sales of such oils and 
gasoline sold in the State during the preceding fiscal year. A 
copy of the said statement shall at the same time be filed with 
the State board of equalization. The books of such person so 
engaged in such business shall be accurately kept and shall 
show the date, character and quantity of such oils and gasoline 
received by him for sale in this State, and the name and post 
office address of the person from whom received, and said books 
shall also show the date, character and quantity of each sale 
made, together with the name and address of the person to 
whom sold; and when consigned to an agent for sale in this 
State, the date, character and quantity of such consignment, 
together with the name and address of such agent, and place 
of consignment. Said books shall always be open to inspec¬ 
tion of the State board of equalization. Any person failing to 
make such sworn statement, or making a false statement, or 
failing to keep his books in substantial compliance with this 
section, shall be guilty of a misdemeanor, and upon conviction 
therefor shall be fined not exceeding five hundred dollars, and 
also forfeit to the State three times the amount of said license 
on such gross sales. 

75. For each person operating a news stand for the sale of 
newspapers, magazines and periodicals, five dollars. 

76. Each oculist, optometrist or optician practicing his 
profession shall pay an annual license of five dollars to the 
State, but no license shall be paid to the county. If such busi¬ 
ness is conducted as a firm or a corporation in which more than 
one person is engaged, each oculist, optometrist or optician so 
engaged shall pay a license of five dollars, provided further, 
that no license shall be required to be paid under this section 



516 


until after such oculist, optometrist or optician has practiced 
his profession for two years, nor when the license tax for selling 
spectacles or eye glasses has been paid under subdivision 48 of 
this act. 

77. Each osteopath practicing his profession shall pay an 
annual license of five dollars to the State, but no license shall 
be paid to the county: If such business is conducted as a firm, 
or a corporation in which more than one osteopath is engaged, 
each osteopath so engaged shall pay a license of five dollars, 
provided further, that no osteopath shall be required to pay a 
license until after he has practiced his profession for two years. 

78. Every person who shall sell, or offer to sell the right 
to manufacture or use any machinery, appliance, device or other 
thing patented under the laws of the United States, or who 
shall offer to sell the right to manufacture, sell or use such pat¬ 
ented article or patent right in any prescribed territory in this 
or any other State, or foreign country, shall pay a license to 
the State of fifty dollars for each county in which he shall of¬ 
fer to sell such patent, or patented machinery, appliances, de¬ 
vice or other patent, or any interest therein, or the right to man¬ 
ufacture, use or sell the same in any prescribed territory in this 
or any other State or foreign territory. Before any license shall 
be issued under this section the party desiring to obtain such 
license shall cause to be recorded on the deed records of coun¬ 
ty, at his own expense, in the office of the probate judge of the 
county in which the license is applied for, a certified copy of 
the letters patent, and a full description of the patented arti¬ 
cle, appliance, device or other thing, together with a statement 
of the purpose for which, and the manner in which it may be 
used so as to be a source of profit. The applicant shall also 
file and cause to be recorded at his own expense on the deed 
records of the county in the office of the probate judge, evidence 
of his ownership of said patent, or any interest therein, or right 
thereto, which he proposes to sell. Provided that nothing here¬ 
in contained shall operate to require the payment of a license 
tax for selling a patented or manufactured article unless speci¬ 
ally licensed under the provisions of this act. 

79. For each pawn broker, two hundred and fifty dollars; 
but this shall not be construed to allow the sale of pistols, un¬ 
less an additional license is paid as required by this act. 

80. For each traveling photograph gallery going from 
county to county in railroad car, twenty-five dollars; for each 
traveling photographer, traveling in any other way, five dol- 



517 


lars. All such photographers shall pay one-half of such sums 
as a license to each county in which he does -business. 

81. Each physician or surgeon engaged in the practice of 
medicine or surgery, and every other person who practices the 
art of healing bodily or mental infirmities without physic or 
surgery, shall pay an annual license of five dollars to the State, 
but no license shall be paid to the county, provided that no phy¬ 
sician or surgeon shall be required to pay a license until after 
he has practiced his profession two years. 

82. For each peddler of medicine or other articles of like 
character, one hundred dollars for each county in which they 
peddle; fifty dollars of said amount to be paid "to the county in 
which such license is paid, and fifty dollars to go to the State; 
and for each peddler of spectacles or eye glasses, five dollars 
for each county in which they peddle; for peddlers of medicine 
with vocal or instrumental music, or both, one hundred dollars 
for each county in which they peddle; for peddlers traveling 
in automobile or motor car, fifty dollars; for peddlers in wag¬ 
ons drawn by one horse, or other animal, twenty-five dollars; 
in a wagon drawn by two horses, or more, or other animals, thir¬ 
ty-five dollars; on a horse or other animal, fifteen dollars; on 
foot, ten dollars; when accompanied by singers or performers 
on any musical instrument, one hundred dollars; but peddlers 
of tinware only, and peddlers of wooden and stone or clay hol- 
lowware only, and tanners who manufacture leather goods and 
peddle these only, shall not be required to procure license. A 
peddler’s license shall entitle him to peddle only in the county 
where it is taken out. Any person may demand of peddlers, 
itinerant dealers and traveling agents their license, and unless 
they exhibit the same or show that they have a right under the 
law to peddle the articles carried by them, or carry on the bus¬ 
iness they are engaged in without a license, such person may, 
and is hereby authorized to arrest such peddler, itinerant dealer 
or traveling agent and carry him before the nearest county 
court judge, justice of the peace, mayor, recorder, intendent of 
any town or notary public exercising the power of a justice of 
the peace, and such officer before whom such peddler, itinerant 
dealer or traveling agent is carried, must, if he finds such per¬ 
son to be dealing without a license, forthwith issue a warrant 
for his arrest, returnable to any court of the county having 
criminal jurisdiction, which warrant may be executed by the 
sheriff, or by any constable of the county and city or town mar¬ 
shal, policeman, or any officer having authority to make ar¬ 
rests. It shall, however, be lawful for any person who has lost 



518 


his eyesight, who is unable to perform manual labor (if he 
shall secure the certificate from the county health officer and 
the certificate of the judge of probate of such facts) to peddle 
in any such county in the State free of license, but no person 
shall be exempt from the payment of license to peddle medicine, 
nor shall this subdivision be so construed as to require a li¬ 
cense of peddlers of fish, oysters, game, fresh meats, fruit and 
all farm products raised by the seller. For each peddler of 
clocks doing business in this State, a license tax of fifty dollars 
and a county tax of twenty-five dollars for each county in which 
such business is carried on. 

821/9. Provided that nothing in this act shall prevent any 
Union or Confederate Veteran from peddling free of license tax, 
pop corn, peanuts, pencils, writing paper, shoe strings and any 
articles manufactured by such veteran, either personally or at 
the Soldiers’ Home. 

83. For every itinerant vender who shall sell or offer for 
sale any drug, poison, ointment or medical preparation intend¬ 
ed for treatment of any disease or injury, who shall by speech, 
writing or printing, or any other method profess to cure or treat 
disease or injury or deformity by any drug, nostrum or medical 
preparation, two hundred and fifty dollars per annum to the 
State, and one-half of such amount in each county where he 
does business. But the license taken out under this section 
shall not be so construed as to authorize the license to practice 
medicine or treat persons for disease. 

84. Any persons operating yards or inclusures for the pur¬ 
pose of storing pig iron therein, and selling warrants thereon, 
or receipts therefor, for each yard or inclusure, fifty dollars. 

85. For each person, firm or corporation dealing in shot 
guns, rifles, noiseless guns or air rifles, whether principal stock 
in trade or not, twenty-five dollars. For each person, firm or 
corporation dealing in pistols, pistol cartridges, rifle cartridges, 
rifle or maxim silencers, bowie knives, or dirk knives, brass 
knucks, or knucks of like kind, whether principal stock in trade 
or not, one hundred dollars. 

86. For each person who, either in person or through 
agents, solicits orders for the enlargement of photographs or 
pictures of any character, or for picture frames, whether they 
make charges "for such frames or not; or for each person, firm 
or corporation who, either in person or through agents, sells 
or disposes of picture frames, twenty-five dollars as a license to 
the State for each county in which they may do business, and 
one-half of such amount as a license to each county in which 



519 


they may do business; but this subdivision shall not apply to 
merchants or dealers having a permanent place of business in 
the State, and keeping picture frames as a part or all of their 
stock in trade. 

87. For each person engaged in the business of selling, 
renting or delivering pianos, organs, or all of such articles, in 
this State, either in person or by agent, consignee, or broker, 
one hundred dollars as a license to the State for each county in 
which he may do business, or in which he sells or attempts to 
sell any such article, and one-half of such amount as a license 
to each such county; but this license shall not apply to mer¬ 
chants or dealers having one or more permanent places of busi¬ 
ness in this State and keeping any of said articles as part or all 
of their stock in trade. Such merchants or dealers keeping any 
of such articles as part or all of their stock in trade shall for 
the same pay to the State one annual license of one hundred 
dollars which may be paid in any one of the counties in which 
said permanent place or places of business is or are established, 
and the payment of such license in such county as evidenced by 
the certificate of the judge of probate thereof, shall be sufficient 
for all other counties in which they may do business or sell or 
offer for sale such articles. 

88. For each pool table upon which the game of pin pool is 
played, one hundred dollars. For each table upon which the 
game of pool is played, with fifteen balls, more or less, and not 
pin pool, twenty-five dollars; provided, that the provisions of 
this section shall not aplv to pool or billiard tables operated or 
owned by private individuals and used in their homes, or pool 
or billiard tables operated or owned by private clubs, social 
clubs or Y. M. C. A.’s. 

89. For each person doing business as a master plumber 
and gas fitter, or either, in towns and cities of ten thousand or 
more inhabitants, twenty-five dollars; in all other places, ten 
dollars. 

90. For each public hall let to hire, in cities of five thou¬ 
sand or more inhabitants, twenty-five dollars; of less than five 
thousand inhabitants, and more than two thousand inhabitants, 
fifteen dollars. In all cities and towns of two thousand inhabi¬ 
tants, or less, ten dollajrs. But the provisions of this section 
shall not apply to public halls owned by the city or town. 

91. For each person, firm or corporation operating a public 
utility, such as an electric light or power plant, street or inter- 
urban railroad operated by electricity or other motive power, 
water works, gas company, or heating company, or other public 



520 


utility, except telephone and telegraph companies, railroad and 
sleeping car companies, and express companies, which are other¬ 
wise licensed, shall pay to the State a license tax equal to two 
mills on each dollar of the gross receipts of such public utility 
for the preceding year. Such license tax shall be paid to the 
probate judge of the county where any such public utility does 
business, and the application for such license shall be accom¬ 
panied by a statement made by the president or manager of the 
public utility corporation, or by the owner thereof, giving the 
name of the person, firm or corporation owning and operating 
said public utility, and the principal place of business thereof, 
together with a statement under oath of the amount of the gross 
receipts of said public utility for the preceding year. The books 
of every person, firm or corporation operating a. public utility 
shall be at all times open to the inspection of the State board 
of equalization. Any person failing to make such sworn state¬ 
ment, or willfully making a false statement of the gross receipts 
of such public utility, shall be guilty of a misdemeanor, and, 
upon conviction therefor, shall be fined not exceeding five hun¬ 
dred dollars, and shall also forfeit to the State three times the 
amount of the license on said public utility. 

92. The maximum amount of privilege or license tax 
which the several municipalities within the State may annually 
assess and collect of persons, firms or corporations operating 
street railroads, electric light and power companies, gas com¬ 
panies, steam heating companies, water works companies, incor¬ 
porated under the laws of this State, or any other State, or 
whether incorporated at all or not, shall not exceed two per 
cent of the gross receipts of the business of such persons, firms 
or corporations for the preceding year, provided, that each 
municipality may impose a license tax not to exceed two per 
cent of its gross income in the municipality. Provided that this 
shall not affect any existing contract between any municipality 
and any public utility operating therein. 

93. For each public race track used for racing at or within 
five miles of any city or town containing less than five thou¬ 
sand inhabitants, one hundred dollars; at or within five miles of 
any city or town containing more than five thousand inhabi¬ 
tants, two hundred dollars, provided, this section shall not 
apply to race tracks used by any county or State fair. 

94. For each railroad ticket broker, otherwise known as 
scalper, or other railroad ticket agent, except agents actually 
employed by a railroad operated in this State, in cities or 
towns of ten thousand inhabitants, or over, one hundred dol- 



521 


lars; in cities or towns of less than ten thousand inhabitants, 
fifty dollars. 

95. For each restaurant, cafe, lunch counter or public 
eating house, where meals, food or refreshments are served and 
charged for, in cities or towns of more than fifty thousand in¬ 
habitants, twenty dollars; in cities or towns of less than fifty 
thousand and more than twenty thousand inhabitants, ten dol¬ 
lars. In all other places, five dollars. 

96. Each person, firm or corporation selling or delivering 
sewing machines, either in person or through agents, shall pay 
twenty-five dollars annually to the State for each county in 
which they may sell or deliver sewing machines, and for each 
wagon and team used in delivering or displaying the same, an 
additional license shall be paid to the State of ten dollars. 

97. Each person operating a shooting gallery shall pay an 
annual license of twenty-five dollars, but such license may be 
taken out for one month, in which case the license shall be five 
dollars per month. 

98. Any person or persons, joint stock association or cor¬ 
poration, engaged in the business of operating cars, not other¬ 
wise listed for taxation in this State, for the transportation, ac¬ 
commodation, comfort, convenience or safety of passengers, on 
or over any railway line or lines in whole or in part within this 
State, whether such cars be termed sleeping, palace, parlor, 
chair, dining or buffet cars, or by some other names, shall be 
deemed to be a sleeping car company. Each person, firm or 
corporation engaged in the business of operating or running 
sleeping cars (except railroad companies operating their own 
sleeping cars) and doing business in this State, shall each pay 
in advance on the first day of January of each year to the 
State treasurer the sum of six thousand dollars as and for 
license, privilege and franchise taxes, and in full satisfaction for 
all taxes imposed on sleeping car business of such person, firm 
or corporation and upon the property and intangible assets used 
in such business and no company or person required to pay such 
taxes to the State shall be required by any municipality in which 
it does business by agent to pay any sum as a license or privilege 
tax greater than ten dollars for any such municipality which 
may be authorized by law to collect a privilege tax or license 
tax of such company or person. 

99. Each person, firm or corporation engaged in the busi¬ 
ness of selling soft drinks in a store or stand, conducting what 
is known and called a soda fountain, shall pay annually the 
following licenses: In unincorporated places and towns and 



522 


cities of not over five thousand inhabitants, five dollars; in cities 
of five thousand and not over fifteen thousand inhabitants, seven 
dollars and fifty cents; in cities of over fifteen thousand and not 
over twenty-five thousand inhabitants, ten dollars; in cities of 
over twenty-five thousand inhabitants and not more than fifty 
thousand inhabitants, twelve dollars and fifty cents; in cities of 
over fifty thousand inhabitants, fifteen dollars; provided that 
in all places where the investment in the business is less than 
one thousand dollars, the license shall be only five dollars. 

100. For each skating rink, twenty-five dollars. 

101. Each person dealing in stocks and bonds, fifty dollars. 

102. Each person, firm or corporation selling or delivering 
stoves or ranges, shall pay fifty dollars annually for each county 
in which they may sell or deliver said articles; and for each 
wagon and team used in delivering or displaying the same, an 
additional sum for each county of twenty-five dollars annually, 
but this section shall not apply to merchants selling the above 
enumerated articles at their regularly established places of 
business. 

103. The owner, conductor or person in charge of every 
supply car, or car from which any goods, wares or merchandise 
are sold, whether to servants of the railroad company, or to 
others, must pay a license of one hundred dollars; and the 
person so licensed shall thereby be entitled to carry on such 
business in the car therein named in any county in which such 
car is run or drawn; but each such county may charge a license 
therefor of ten dollars. 

104. Each person practicing veterinary surgery shall pay 
an annual license of five dollars to the State, but no license shall 
be paid to the county, provided that no veterinary surgeon 
shall be required to pay a license until after he has practiced his 
profession for two years. 

105. Each person, firm or corporation engaged in buying, 
selling or renting real estate on commission, when such real 
estate in situated in this State, shall pay to the State the fol¬ 
lowing license tax. In cities and towns of ten thousand inhabi¬ 
tants or over, fifteen dollars; in cities and towns of less than 
ten thousand inhabitants, and more than five thousand inhabi¬ 
tants, ten dollars; in all other places, five dollars. 

106. Every person, firm or corporation who shall sell, or 
who offers .to sell in this State any lots or lands situated in 
another State, or wlu> offers to sell at auction or advertises any 
auction sale of town lots, or the sale by auction, or otherwise, 
of lots in any subdivision of land, situated in another State, 



523 


shall pay an annual license to the State of one hundred dollars. 
Before any license shall be issued under this section the party 
desiring - to obtain such license shall cause to be recorded at his 
own expense on the deed records, in the office of the probate 
judge of the county in which the license is applied for, a full 
description of the lands or lots so offered for sale, together 
with the location of same, and if said lands have been divided 
into lots, shall, at his own expense, file a map of said subdivi¬ 
sion, which shall be recorded upon the plat book of the county 
in the office of the judge of probate, and reference to said plat 
book shall be made on the deed records, and noted in the gen¬ 
eral, direct and reverse index of said county. The applicant 
shall also file and cause to be recorded, at his own expense, in 
the office of the probate judge, evidence of the ownership of the 
vendor of said lands or lots, the character and extent of such 
ownership, together with a statement of any and all mortgages 
or other liens which may exist thereon. 

107. Each person, firm or corporation operating a tele¬ 
graph business between points wholly within this State, and 
without reference to its interstate commerce or governmental 
business, shall pay on or before the fifteenth day of each fiscal 
year to the State treasurer a license or privilege tax based on 
the mileage of the telegraph line, or lines, operated by it in 
this State as follows: 

Each telegraph company whose lines within the State do not 
exceed one hundred and fifty miles shall pay at the rate of 
one dollar per mile; each telegraph company whose lines within 
the State exceed one hundred and fifty miles shall pay five 
hundred dollars, together with one dollar for each additional 
mile of such lines within this State, and no telegraph company 
which has paid the license or privilege tax herein required shall 
be liable to pay any additional license or privilege tax in this 
State, except licenses required by cities and towns, and except 
upon its real estate, fixtures and other property, w'hich shall be 
subject to taxation as other property in the State. The pay¬ 
ment of such license or privilege tax to the State treasurer shall 
be acocmpanied by a sworn report, showing the number of 
miles of telegraph lines operated by such company in this State, 
and in default of such payment or the making of such report for 
thirty days after the first day of the fiscal year a penalty of 
double the amount of such tax shall be imposed upon and col¬ 
lected of each defaulting company. 

108. Each person, firm or corporation operating a local 
telephone exchange, or exchanges, as distinguished from a long 



524 


distance telephone business, and without reference to its inter¬ 
state commerce or governmental business, which it is not pro¬ 
posed to tax, shall pay on or before the expiration of the fif¬ 
teenth day of each fiscal year to the State treasurer a privilege 
tax based on the mileage of the telephone lines operated by it, 
and wholly within this State, as follows: Each person, com¬ 
ply? or corporation operating a telephone system whose lines 
within this State do not exceed fifty miles shall pay at the rate 
of twenty-five cents per mile. Each telephone company 
whose lines within the State do not exceed one hun¬ 
dred fifty miles shall pay at the rate of fifty cents 
per mile; and each telephone company whose lines within 
the State exceed one hundred fifty miles, and do not exceed 
two hundred fifty miles, shall pay at the rate of one dollar per 
mile; and each telephone company whose lines within the State 
exceed two hundred fifty miles shall pay two dollars for each 
mile of line within this State, and in addition thereto, the sum 
of one thousand dollars, and no telephone company which has 
paid a privilege tax herein required, shall be liable to pay any 
additional privilege tax in this State except licenses required 
by cities and towns, but the real estate, fixtures and other local 
property of such telephone company shall be subject to taxation 
as other property in this State. The payment of such privi¬ 
lege tax to the State treasurer shall be accompanied by a sworn 
report showing the number of miles of telephone lines operated 
by such company in this State, and in default of the payment of 
such tax, or the making of such report, for thirty days after the 
first day of the fiscal year, a penalty of double the amount of 
such license shall be imposed upon and collected of each de. 
faulting company. Provided that the provisions of this section 
shall not apply to community telephone lines and not operating 
for profit. 

109. Each person, firm or corporation engaged in the busi¬ 
ness of operating a long distance telephone line, or long dis¬ 
tance system as distinguished from a local telephone exchange, 
and without reference to its interstate commerce or govern¬ 
mental business, which it is not proposed to tax, where the lines 
owned or operated by such company exceed one hundred miles, 
shall pay in advance, on or before the fifteenth day of each 
fiscal year, to the State treasurer, a license or privilege tax of 
two dollars per mile for each mile of line so operated. No 
telephone company which has paid the privilege tax herein 
required shall be liable to pay any additional privilege tax in 
this State, except licenses required by cities and towns. The 



525 


payment of such privilege tax to the State treasurer shall be 
accompanied by a sworn report showing the number of miles of 
telephone lines operatetd by such company in this State, and 
also the principal place of business in this State of such com¬ 
pany, and in default of the payment of such tax, or the making 
of such report for thirty days after the first day of the fiscal 
year, a penalty of double the amount of such license shall be 
imposed upon and collected from each defaulting company. 

110. Each person engaged in conducting a theatre, moving 
picture show, vaudeville or variety show, and each person con¬ 
ducting any other exhibition, show, entertainment or perform¬ 
ance, to which an admission is charged, and not in this act 
otherwise licensed, shall pay an annual license for each place 
of business, as follows: In towns or cities of three thousand 
inhabitants, or less, and in unincorporated places, fifteen dol¬ 
lars; in cities of more than three thousand, and less than seven 
thousand inhabitants, twenty dollars; in cities of more than 
seven and less than twenty thousand inhabitants, thirty dol¬ 
lars; in cities of more than twenty thousand and less than thirty 
thousand inhabitants, forty dollars; in cities of more than thirty 
thousand inhabitants one hundred and fifty dollars. Provided 
that whenever the municipal authorities shall authorize them 
to operate on Sunday, the license shall be double the amount 
as hereinbefore set out. 

111. Every person who engages in or carries on the business 
of issuing or selling to merchants, trading stamps, or any devise 
or substitute thereof, or any stamps or certificates of like char¬ 
acter which are to be given by merchants to purchasers of goods, 
wares or merchandise, and which said stamps, certificates or 
devises, or substitute therefor the person issuing or selling the 
same agrees to accept in payment for goods, wares and mer¬ 
chandise kept on hand by himself or another for redemption, 
or for distribution by the person issuing or selling such stamps 
or certificates, shall pay to the State of Alabama a privilege or 
license tax of three per cent, on the gross receipts from such 
business, and such license or privilege tax shall in no event be 
less than one thousand dollars. The said tax shall be paid in 
the following manner: Any person desiring to engage in such 
business shall pay on or before the fifteenth day of the fiscal 
year to the State treasurer the sum of one thousand dollars, 
and shall also at the same time execute a bond, payable to the 
State of Alabama, to insure payment to the treasurer of the 
State of a privilege or license tax of three per cent, on the gross 
receipts of such business in this State for one year, if at the 



526 


end of such year it shall appear that such three per cent, of the 
gross receipts exceeds the sum of one thousand dollars. Any 
person who takes out a license and pays therefor the sum of one 
thousand dollars, shall on the last day of the fiscal year make 
out a sworn return to the State treasurer of all trading stamps, 
certificates, or similar devices issued or sold during that year, 
giving the name and address of every merchant or mercantile 
establishment which has bought or had issued trading stamps 
. person making the return, and if it appears therefrom 
that three per cent, of the amount received from the issue or sale 
of trading stamps during the year, exceeds the sum of one thou¬ 
sand dollars, such person shall pay to the State treasurer, the 
excess of said amount, but if such three per cent, does not exceed 
the sum of one thousand dollars, then no further payment shall 
be made, and said bond shall thereafter be null and void. It 
shall be a misdemeanor, punishable by a fine of not exceeding 
one thousand dollars, for any person to issue trading stamps 
or certificates, or any device of like character without having 
complied \\ ith the terms of this subdivision, and the said license 
or any part thereof herein required to be paid may be collected 
by attachment in any court in this State. 

112. Each person, firm, or corporation engaged in the 
business of transferring passengers or baggage to and from 
dwellings or hotels, in cities of five thousand or more popula¬ 
tion, to and from railroad depots, docks, wharves, or boat land- 
ings, operating more than three vehicles, shall pay an annual- 
license of fifty dollars. 

llo. 1 or each toll bridge or ferry, where thoroughfare tolls 
are charged for animals or vehicles crossing the same when 
not within tw r o miles of the corporate limits of a town or city 
of two thousand inhabitants, where the income is more than 
three hundred and less than six hundred dollars per annum, five 
dollars, for same in or wdthin two miles of the corporate limits 
of any town or city of more than two thousand inhabitants and 
less than five thousand, fifty dollars; for same in or within two 
miles of the corporate limits of a town or city of five thousand 
inhabitants, or more, seventy-five dollars; but when the gross 
income of any ferry within two miles of the corporate limits 
of a town of over two thousand inhabitants does not exceed 
twelve hundred dollars in any one year, the license for such 
ferry shall be twenty-five dollars. 

114. Every person who canvasses, peddles, sells by sample 
or distributes to users or consumers, clocks, agricultural imple¬ 
ments or machinery, wagons, buggies, carriages, surreys, or 



527 


other similar vehicles, churns, or washing machines, shipping 
to this State in carload lots, or in bulk, shall pay a license tax 
to the State of one hundred dollars for each county in which 
the said occupation is carried on, and shall also pay a license 
tax of one-half of said amount to the county, but this section 
shall not apply to merchants, livery and sale stables selling the 
above enumerated articles at their regularly established places 
of business. 

115. For each person, firm or corporation operating a ware¬ 
house or yard for the storage and hauling of cotton for com¬ 
pensation, a license tax to the State as follows: Every such 
warehouse storing not more than five thousand bales in any one 
year, ten dollars; more than ten thousand bales, twenty-five 
dollars; more than ten thousand bales and not more than 
twenty thousand, fifty dollars; more than twenty thousand and 
not more than thirty thousand bales, seventy-five dollars; more 
than thirty thousand bales, one hundred dollars. 

116. Each person, firm or corporation operating a ware¬ 
house or yard for the storage of goods, wares and merchandise 
for hire, shall pay an annual license to the State of twenty-five 
dollars; where such warehouseman also acts as a distributing 
agent and forwards or distributes the goods stored in such ware¬ 
houses, and charges for such service, he shall pay an additional 
license of twenty-five dollars. 

117. Each person dealing in witness script, |25.00. 

Sec. 2. There is also hereby levied for the use of each coun¬ 
ty in the State a license or privilege tax upon each person, 
firm or corporation engaged in, or who shall carry on any of the 
occupations, business, professions, or callings, or shall exercise 
any privilege, or do any act for which a license is charged by 
the State, of fifty per cent, of the State license or privilege 
tax, except in cases where the amount of such county license 
is fixed by this act, and except in cases where it is provided that 
no county license is paid. 

Sec. 3. Before any person, firm or corporation shall engage 
in or carry on any business or do any act for which a license by 
law is required, he, they or it shall pay to the judge of probate 
of the county in which it is proposed to engage in or carry on 
such business or do such act, the amount required for such 
license, and shall comply with all the other requirements of 
this act; and upon payment of such amount and a fee of fifty 
cents to the probate judge for the issuance of such license, and 
all costs and fees and penalties which shall have accrued, or 
for which such person, firm or corporation shall have become 



528 


liable in any proceedings commenced for the collection of such 
license, or to enforce payment thereof, and upon compliance 
with all other provisions of this act by the applicant, such judge 
shall issue the license countersigned by him in the form and on 
the blank to be furnished to him by the State auditor, which 
shall set forth and specify the name of the person, firm or cor¬ 
poration applying therefor, the business or act which it is pro¬ 
posed to carry on or do thereunder, the name of the street or 
location where it is proposed to carry on the same, if such loca¬ 
tion shall be in a city or town, and have a street number, and 
if not, then specify the location and amount paid for such li¬ 
cense, and the time for which it is issued; and if the license is 
for a peddler, it shall state whether he proposes to travel on 
foot or on horseback, or on wagon; and such license shall not be 
transfenable, nor shall it entitle the holder thereof to carry on 
any other business or do any other act than that named therein, 
nor at any other location than that therein specified. 

Sec. 4. In all cases where the amount to be paid for license 
depends upon the amount of the capital invested, or the value 
of goods or stock, or amount of sales or receipts, or any other 
fact or condition hereinbefore recited, it shall be the duty of the 
person applying for such license to render to the judge'of pro¬ 
bate a sworn statement of the amount of capital invested, or 
value of goods or stock, or amount of sales or receipts, and to 
make under oath such further proof or affidavit as may be re¬ 
quired by the judge of probate to determine the character of the 
license, and the amount to be paid for the same. 

Sec. 5. Any person who shall knowingly make any false 
affidavit, or certificate in connection with the ordering or pro¬ 
curing of a license to carry on any business or to do anything 
in this State for which a license is required, shall be guilty of 
a misdemeanor, and upon conviction, when the offense is not 
otherwise specially provided for, shall be fined not less than one 
hundred dollars, nor more than one thousand dollars, and at 
the discretion of the court, may be sentenced to hard labor for 
the county, or imprisoned in the county jail not to exceed six 
months, as additional punishment. 

Sec. 6. That the State board of equalization is hereby au¬ 
thorized and empowered to appoint a license inspector for each 
county, provided the same person may be appointed for more 
than one county, whose duty it shall be to scrutinize the records 
and stubs kept in the office of the judge of probate, and if it 
shall be reported to any license inspector or come to his knowl¬ 
edge that any person, persons, firms or corporations have failed 



529 


or refused to take out licenses as required by law, the license 
inspector shall report the same to the judge of probate, who 
shall forthwith cite such delinquent to appear before him and 
take out such license. If such delinquent shall fail or refuse 
to take out license, the license inspector shall institute or cause 
to be instituted criminal proceedings against such delinquent, 
before any court having jurisdiction of such offense. In case 
of emergency, the license inspector must commence the criminal 
proceedings in the first place. For performing the duties re¬ 
quired by this section, the license inspectors are entitled for 
each case so brought before the probate judges, to be paid by 
the delinquent in addition to the license, fifteen per cent, of the 
amount of the license so collected from each delinquent, and if 
a criminal prosecution shall be commenced, either by informa¬ 
tion or indictment, the license inspector shall be paid fifteen 
per cent, of the penalty prescribed in such case, all cost and 
penalty to be paid in money, but in all proceedings under this 
section, the license shall not be delinquent before the first day 
of November of each year. Provided that such license inspector 
shall before entering upon his duties be required to enter into 
bond in a sum to be.fixed by the State board of equalization, 
payable to the State of Alabama, conditioned as bonds of other 
State officers. 

Sec. 7. It shall be unlawful for any person, firm or cor¬ 
poration to engage in or carry on any business, or do any act 
for which a license is required by law, without having" first 
paid or taken out a license therefor in the manner in this chap¬ 
ter provided. Any person who is convicted of failing to take 
out and pay for the license required shall be fined not less than 
the amounts of all licenses required of him, and if convicted or 
refusing to take out the license shall be punished as provided 
by section 9 of this act. 

Sec. 8. The State and counties shall have a lien superior 
to all other liens upon the goods, wares, and merchandise used 
in any business for the doing of which a license is required by 
the State, which said lien may be enforced bv attachment in 
one and the same suit and in the name of the State. 

Sec. 9. Any person who acts as agent for any person, firm 
or corporation liable to the payment of a license or privilege 
tax,* without said license or privilege tax having been paid, shall 
on conviction be fined in a sum equal to the State and county 
license, and one hundred dollars in addition thereto, and may 
also be imprisoned in the county jail or sentenced to hard labor 
for the county for not more than six months. 



530 


Sec. 10. It shall be the duty of the State auditor, with the 
approval of the Governor, to prepare and have printed suitable 
forms of licenses, and as often as need be, to furnish to the 
several judges of probate blank licenses signed by him sufficient 
for the probable wants of their respective counties, taking their 
receipts for the same. Each such blank shall have a stub at¬ 
tached thereto, on which shall be printed such matter as the 
auditor may prescribe with appropriate blank spaces to be filled 
in by the judge of probate upon the issuance of any license. 
The auditor shall take and file in his office a proper receipt from 
the judge of probate for the blank licenses furnished him. 

Sec. 11. Upon the issuance of any license the judge of 
probate must, before detaching the license from the stub, fill 
up the blank spaces in the stub to correspond in all respects 
with the license as issued, and sign his name thereto. 

Sec. 12. The judge of probate shall keep in a book prepared 
for that purpose, an accurate account of all the licenses received 
by him from the State auditor, and of the disposition made of 
them, and of all money received from licenses by him issued, 
and make report thereof to the State auditor within ten days 
after the first day of January, 1916, and thereafter, within 
ten days after the expiration of the fiscal year, at which time 
he shall return to the State auditor all unused licenses and 
stubs, or account to the State auditor for all such unused li¬ 
censes, and shall also return to the State auditor the stubs of 
all licenses issued by him, and the judge of probate shall, on 
demand of the State auditor, at any time, exhibit to him or to 
any agent appointed by the State auditor for that purpose, such 
license record and the original of all licenses then remaining 
in his hands, and all stubs of licenses issued. 

Sec. 13. Within five days after the end of each month, 
the judge of probate must remit to the State treasurer at the 
expense of the. State, all money received by him for licenses 
belonging to the State, and pay to the county treasurer all the 
money received by him for licenses belonging to the county, 
and within the same time, the judge of probate shall forward 
to the State auditor a certified list of all licenses issued by him, 
stating therein for what business issued, amount collected for 
each license, from whom collected, and date of such collection; 
and if no licenses have been issued, lie shall report that fact. 
The judge of probate shall be entitled to receive two and one- 
half per cent, of the amount of money collected for licenses 
due the State, which he may deduct from his remittance to the 
State treasurer, and he shall be entitled to the same amount as 



531 


compensation for collecting license due the county, which 
amount he may deduct from the payment made by him to the 
county treasurer, but he shall not be allowed any commission 
on any money not remitted or paid within five days from the 
end of the month. If the judge of probate fails to comply with 
the provisions of this section within five days after the date 
on which he is required to make such report, and to remit 
the money collected by him, the auditor shall forthwith report 
the fact to the Governor, who shall cite such judge of probate 
to show why he has not made report of the list of licenses and 
paid over the amount collected by him as required by law, and 
if such judge of probate fails to show sufficient cause for such 
failure, the Governor shall direct the attorney general to insti- 
tue impeachment proceedings against him before the Supreme 
Court. 

Sec. 14. The judge of probate must on the first day of 
the terms of each circuit and city court of the county, furnish 
to the acting solicitor, to be by him laid before the grand jury, 
a statement in writing showing the licenses granted, and the 
amount received thereon within the last twelve months preced¬ 
ing such court, to whom and for what business the said license 
was granted. 

Sec. 15. When any person has taken out and paid for a 
license to carry on any business in this State, and has after¬ 
wards been prohibited by law from carrying on such business 
before the time named in the license has expired, such person 
shall be entitled to have refunded to him such proportionate 
part of the whole sum for such license as the unexpired term 
thereof bears to the whole time for which the license was origi¬ 
nally granted; and any person who, through a mistake or error 
on the part of the probate judge, has paid to the probate judge 
money that was not due from him for such license, or by such 
mistake has paid to the probate judge for such license an 
amount in excess of that required by law for the business to be 
carried on by such person under the license, such person shall 
be entitled to have refunded to him the amount in either event 
so erroneously collected by the probate judge, and the provisions 
of this section shall apply in cases where money has heretofore 
been erroneously paid within two years before "the approval of 
this act. 

Sec. 16. On the application of any such person, his execu¬ 
tor, administrator, or assigns, the judge of probate for the 
county in which such license was taken out shall proceed to 
ascertain the amount due such applicant under the provisions 



532 


of the preceding section, and shall grant such certificate as will 
enable the State auditor, and court of county commissioners 
to draw his warrant, or their order respectively, and such war¬ 
rant or order shall be paid out of any moneys in the State 
treasury, or county treasury not otherwise appropriated. 

Sec. 17. It is hereby made the duty of the several probate 
judges in this State to furnish to the sheriffs the name or names 
of every person, firm or corporation in their respective counties 
whom they may know, or have cause to believe are liable to a 
license tax for and on account of the business he, they or it may 
be engaged in at that time, and it is hereby made the duty 
of the sheriff upon the receipt of said list, to notify such person, 
firm or corporation named therein, that such license is due the 
State and county, giving the amount thereof, and calling upon 
him to pay the same. And if said license is not paid within 
three days thereafter, together with all costs and penalties, it 
is made the duty of the sheriff to arrest the person, or the offi¬ 
cers or agent of any corporation so liable for such license, and 
to prefer charges against such person, firm or corporation in 
a court of competent jurisdiction, for doing business without a 
license. For his services rendered under this section, each 
sheriff shall be allowed a fee of three dollars, and the same shall 
be added to the amount of the license, and in case of a criminal 
prosecution and conviction thereunder, the said fee shall be 
taxed as part of the cost of the case. 

Sec. 18. The provisions of this act fixing the amounts, and 
subjects of license taxes, except as to such licenses as now 
expire on September 30th, 1915, shall go into effect on the first 
day of January, 1916; all licenses heretofore taken out and 
which expires on the 30th day of December of this year, shall 
entitle the holder to conduct a business therein licensed until 
the expiration of such license, unless said business has been 
prohibited by law, and all licenses which may be issued after 
the passage of this act during the present calendar year, shall 
be charged and collected for at the rate in effect at the time of 
the passage of this act, and all such licenses so issued shall 
expire on the last day of December, 1915. On the first day of 
January, 1916, there shall be charged and collected for the 
period of time beginning on said date, and ending on the 
30th day of September, 1916, from each person, firm or cor¬ 
poration, who shall engage in or carry on any business, occupa¬ 
tion, profession, or calling, or who shall exercise any privilege, 
or do any act for which a license shall be required by the terms 
of this act, three-fourths of the license herein provided. After 



533 


September 30th, 1916, all licenses shall be taken out for the 
full period of one year, and shall expire on the 30th day of 
September thereafter unless a shorter time or a different ex¬ 
piration is fixed by this act. If any business licensed by this 
act shall commence after the first day of April in any year, the 
amount of the license shall be one-half of the year’s license. In 
all other cases, the license shall be taken out for the full term 
of one year, unless a shorter term is fixed by the provisions of 
this act. In all cases where the amount of license is rated ac¬ 
cording to the population of the town, city or county, the popu¬ 
lation of such town, city or county, as fixed by the last preced¬ 
ing United States census shall govern. 

Sec. 19. The provisions of this act fixing the license tax on 
automobiles, motor cars, motorcycles, or motor vehicles of all 
kinds shall go into effect on the first day of October, 1915. 

Sec. 20. Where the word “person” is used in this act, it 
shall be held to include firms, companies, associations and cor¬ 
porations. 

Sec. 21. Should any court declare any section or subdivi¬ 
sion of this act unconstitutional, it shall not affect the remain¬ 
ing sections, or subdivisions, but the same shall remain in full 
force and effect. 

Sec. 21 y 2 . In all counties where county officials are paid 
on a salary, instead of a fee basis, all fees alknved under the 
terms of this act to be paid to or collected by any such officials, 
shall, by said officials be paid to the treasury of said county or 
to such official performing the duties of county treasurer. 

Sec. 22. All law s in conflict with the provisions of this act 
are hereby repealed, provided that all provisions of existing 
laws relating to taxation and revenue w-hich are not in conflict 
with the provisions of this act are not hereby repealed. And 
section 36-F of “An act to further provide for the revenues of 
the State of Alabama, approved March 31st, 1911, be and it is*- 
hereby expressly repealed. 

Approved September 14th, 1915. 



534 


No. 470.) (H. 319—John. 

AN ACT 

To compel the attendance at school of children within certain ages in the 
State of Alabama; to fix exceptions to such provisions; to provide means 
for the enforcement of this act; to require reports from private or paro¬ 
chial schools; to make it unlawful for any parent, guardian, or other 
person occupying the place of parent, to violate the provisions hereof; 
to make it unlawful for any person, firm, corporation, or association to 
employ any child in violation of the provisions of this act; and to fix 
punishments and penalties for the violations of this act. 

Be it enacted by the Legislature of Alabama : 

1. That on and after the first day of October, 1917, every 
parent, guardian, or other person in the State of Alabama hav¬ 
ing control or charge of any child or children between the ages 
of eight and fifteen years inclusive, shall be required to send 
such child or children to a public school or to a private, denomi¬ 
national, or parochial school taught by a competent instructor, 
and such child or children shall attend school for at least eighty 
days during each and every scholastic year; provided, that the 
county board of education, or in the case of an incorporated city 
or town, the city or town board of education, shall have power 
to reduce the period of compulsory attendance to not less than 
sixty days for any individual school; provided further, that the 
period of compulsory attendance for each school shall commence 
at the beginning of "the school, unless otherwise ordered by the 
county board of education or by the board of education of an 
incorporated city or town, as the case may be. 

2. That any or all children who have completed the ele¬ 
mentary course of study of seven grades or the equivalent 
thereof, shall be exempt from the provisions of this act, and in 
case there be no public school within two and one-half miles 
by the nearest traveled road of any person between the ages 
of eight and fifteen years inclusive, he or she shall not be sub¬ 
ject to the provisions of this act unless public transportation 
within reasonable walking distance is provided; provided furth¬ 
er, that the teacher of any school, with the approval of the 
attendance officer, shall have the authority in the exercise of a 
sound discretion to permit the temporary absence of children 
from the school, between the ages of eight and fifteen years 
inclusive, in extreme cases of emergency or domestic necessity. 

3. That any or all children who are physically or mentally 
incapacitated for the work of the school are exempt from the 
provisions of this act, but the school authorities shall have the 



535 


right and they are hereby authorized when such exemption un¬ 
der the provisions of this act is claimed by any parent, guard¬ 
ian, or other person having control of such child or children, to 
require from a practicing physician a properly attested certifi¬ 
cate that such child or children should not be required to 
attend school for some physical or mental condition which 
renders his attendance impractical or inexpedient. 

4. That in any cases where because of extreme poverty, the 
services of such child are necessary for his own support or the 
support of his parents, as attested by an affidavit of said 
parents and such witnesses as the attendance officer hereinafter 
provided for may require, or in any case where such parent, 
guardian, or other person having control of the child, shall show 
before any justice of the peace by affidavit of himself and of 
such witnesses as the attendance officer hereinafter provided 
for may require, that the child is without necessary books and 
clothing for attending school and that he is unable to provide 
the necessary books and clothes, then said child may be excused 
from the provision of this act until, through charity or other 
means, books and clothing shall have been provided, and there¬ 
after the child shall no longer be exempt from such attendance. 

5. That the county boards of education shall divide their 
respective counties exclusive of all cities and towns, into not 
less than one or more than five attendance districts, and said 
board shall appoint an attendance officer for every district 
created, who shall hold his office at the will of the county board 
of education, and the boards of education of all cities and 
towns shall appoint one or more attendance officers for their 
respective cities and towns to serve at the pleasure of the 
appointing board. 

6. That at the beginning of the annual period of compul¬ 
sory attendance, the State superintendent of education or the 
county superintendent of education, as the case may be, shall 
supply to each principal teacher in each school a list of all chil¬ 
dren between the ages of eight and fifteen years inclusive, who 
shall attend such school. At the end of the fifth day of the com¬ 
pulsory attendance period of any school, the principal teacher 
shall report to the attendance officer of the attendance district, 
the names and addresses of all persons between the ages of 
eight and fifteen years, inclusive, who have not enrolled in said 
school, and throughout the compulsory attendance period, the 
principal teacher of each school shall report to the attendance 
officer of the attendance district the names and addresses of all 
pupils between the ages of eight and fifteen years, inclusive, 



536 


who are absent for five consecutive days and whose absence is 
not satisfactorily explained by the parent, guardian, or other 
person having control of the child. 

7. That it shall be the duty of the attendance officer to in¬ 
vestigate all cases of non-enrollment and non-attendance report¬ 
ed to him in accordance with section 6. In all cases, investigat¬ 
ed where no valid reason for non-enrollment or non-attendance 
is found, it shall be the duty of the attendance officer to give 
written notice to the parent, guardian, or other person having 
control of the child, and in the event of the absence of the pa¬ 
rent, guardian, or other person having control of the child, from 
his or her usual place of residence, the attendance shall leave 
a copy of the notice with some person over twelve years of age 
residing at the usual place of residence, with instructions to 
hand such notice to such parent, guardian, or other person hav¬ 
ing control of such child, which notice shall require the at¬ 
tendance of said child at such school within three days from 
date of said notice. 

8. That if within three days from date of service of the no¬ 
tice, the parent, guardian, or other person having control of 
the child, does not comply with the provisions of this act, then 
the attendance officer shall make complaint in the name of the 
State of Alabama against such parent, guardian or other- per¬ 
son having control of such child, in a court of record of such 
county, which court is hereby clothed with jurisdiction over 
all offenders and the proceedings under this act, with full pow¬ 
er to hear and try all complaints, impose fines, enforce their 
collection, by imprisonment if necessary, and fully execute the 
provisions of this act. 

9. That it shall be unlawful for any merchant, corporation, 
company, or other person, without the written permit of the 
county board of education or the board of education of any in¬ 
corporated city or town, as the case may be, to employ during 
school hours any child between the ages of eight and fifteen 
years, inclusive, unless such child is exempt under the provi¬ 
sions of sections 2, 3, or 4 of this act; provided, that any parent, 
guardian, or other person having control of such child delin¬ 
quent in school attendance, or any merchant, corporation, com¬ 
pany, or other person violating the provisions of this act, shall 
be guilty of a misdemeanor and shall be fined in a sum not less 
than five dollars nor more than fifty dollars, and may be com¬ 
mitted to the county jail for a term not to exceed thirty days; 
provided, that all fines collected shall be paid into the county 
treasury; provided further, that it is hereby made the duty of 



537 


all city attorneys in their respective cities, and all county and 
circuit solicitors for the districts of their respective counties 
and for such incorporated cities and towns as do not employ 
a city attorney, to prosecute all complaints filed and actions 
brought under this act. 

10. All school officers, including those in private, denomi¬ 
national, or parochial schools in this State, offering instruction 
to pupils within the compulsory attendance ages, are hereby re¬ 
quired to make and furnish all reports that may be required by 
the State superintendent of education and by the county su¬ 
perintendent of education or by the board of education of any 
incorporated city or town, with reference to the workings of 
this act. Every teacher employed in the public schools of the 
State of Alabama is hereby required, before receiving each 
month’s salary, to make a report to the county superintend¬ 
ent of education, or to the superintendent or principal of an in¬ 
corporated city or town in which he may be employed, showing 
the names and addresses of all pupils who have been truant or 
habitually absent from school during the previous month, and 
stating the reasons for such truancy or habitual absence, if 
known; provided, that all such cases of said truancy shall be 
brought to the notice of the attendance officer by the county 
superintendent or by the superintendent or principal of the 
school in any incorporated city or town, as the case may be, 
and the same shall be investigated by said officer. 

11. That in case that any pupil has become habitually 
truant or a menace to the best interests of the school which he 
is attending or should attend, then it shall be the duty of the 
attendance officer to report such fact and condition to the pa¬ 
rent, guardian, or other person having control of such child, 
who shall be held liable under the provisions of this act for the 
regular attendance and good conduct of such child, unless such 
parent, guardian, or other person having control of such child 
shall state in writing to the attendance officer that he or she is 
unable to control such child, whereupon said attendance officer 
shall proceed against such incorrigable pupil as a disorderly 
person before a court of competent jurisdiction, and said child 
upon conviction may be sentenced, if a white boy, to the Ala¬ 
bama Boys’ Industrial School; or if a white girl, to the Mercy 
Home and Industrial School; or if a negro boy, to the Ala¬ 
bama Reform School for Juvenile Negro Law-Breakers; or if 
a negro girl, to such costodial institution in the State as the 
judge may designate, and for such time as the court may de¬ 
cide; provided, that the maintenance of such child in the in- 



538 


stitution shall be paid as the law provides for the maintenance 
of such as are committed to the aforesaid institutions, and in 
all cases where a child is so committed, it shall be placed in 
charge of some suitable person designated by the court and 
conveyed under his direction to the designated institution, and 
the actual necessary expenses thereby incurred shall be paid 
by the board of county commissioners or the county board of 
revenue; provided, that a woman shall always be sent to accom¬ 
pany girls so committed. 

12. That the attendance officer, whose appointment is by 
this act provided for, shall keep an accurate record of all no¬ 
tices served, all cases prosecuted, and all other services per¬ 
formed, and shall make an annual report of the same to the 
county board of education, or in the case of an incorporated 
city or town, to the city or town board of education by whom 
he is employed. Said attendance officers who are appointed by 
the county board of education shall receive from the county 
treasury not more than three dollars for each day of actual ser¬ 
vice, and the attendance officers appointed by the board of ed¬ 
ucation of any incorporated city or town shall receive from the 
treasury of said city or town not more than three dollars for 
each day of actual service. Said attendance officers shall be 
paid as other employees of the county or of the incorporated 
cities or towns, as the case may be, are paid; provided, that no 
attendance officer shall receive any compensation under the 
provisions of this act until he shall have filed an itemized state¬ 
ment of the time employed in such service and until the same 
shall have been certified to by the county superintendent of ed¬ 
ucation or by the secretary of the board of education in an in¬ 
corporated city or towm, as the case may be, in which said at¬ 
tendance officer is employed, provided further, that no attend¬ 
ance officer shall be paid for more days service in any one year 
than the number of days the school is in session that year. 

13. That in order that the provisions of this act may be 
more definitely enforced, the county superintendent of educa¬ 
tion shall, not later than ten days before the compulsory at¬ 
tendance term, furnish to each principal teacher of a rural 
school, and to the superintendent or principal of the school 
of schools in any incorporated city or town, a list of all the 
children from eight to fifteen years of age, inclusive, who should 
attend the school or schools under the charge of the said prin¬ 
cipal teacher of a rural school, or of the superintendent or prin¬ 
cipal of a school or schools in any incorporated city or town, 
as the case may be, giving the name, date of birth, age, sex, race. 



539 


and estimated distance from the school house by the nearest 
traveled road, the name and address of parents, guardian, or 
other person in parental relationship. 

14. That the information required under section 13 shall 
be prepared by the county superintendent of education during 
the even numbered years, from the census booklets on file in 
his office, and in the odd numbered years, it shall be prepared 
by the county superintendent of education by correcting and 
supplementing the list prepared and furnished by him the pre¬ 
ceding year; and to this end the district trustee or trustees of 
any rural school, and the secretary of the board of education 
in any incorporated city or town, shall furnish to the county 
superintendent of education on or before the fifteenth day of 
August of each odd numbered year, a list of all pupils who 
have removed from the bounds of the school or schools, as the 
case may be, and an additional list giving the name, date of 
birth, age, sex, race, and estimated distance from the school 
house by the nearest traveled road, and the name and address 
of the parent, guardian, or other person in parental relation¬ 
ship of those pupils who have moved within the bounds of the 
school or have become eight years of age since the last school 
census. 

Approved September 15, 1915. 


No. 471.) (H. 383—Yarbrough. 

AN ACT 

To appropriate five hundred and twenty-six dollars and thirty-five cents 
($526.35) to pay rent due by the State for premises used by the State 
pasteur institute. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the sum of five hundred and twenty-six dollars and thirty- 
five cents ($526.35), or so much thereof as may be necessary, be 
and the same is hereby appropriated out of any moneys in the 
State treasury not heretofore appropriated, for the payment of 
rent due by the State for premises heretofore used and occupied 
by the State pasteur institute. 

Sec. 2. The State health officer shall certify to the Gov¬ 
ernor the amount due for said rent, and to whom due, and there¬ 
upon the Governor is hereby authorized to direct the auditor to 
draw his warrant upon the State treasurer therefor; payable to 



540 


the party to whom the same is due and said warrant shall he 
paid out of the funds appropriated by section one hereof. 
Approved September 21, 1915. 


No. 472.) 


AN ACT 


(H. 879—Brindley. 


To appropriate the sum of one hundred dollars ($100.00) to Reuben A. J. 
Cumbee of Etowah county, Alabama, an ex-Confederate soldier, as a 
pension for the year 1913, and to direct the State auditor to draw his 
warrant therefor in favor of Reuben A. J. Cumbee, and to direct the 
State treasurer to pay the same. 


Be it enacted, by the Legislature of Alabama \ 

1. That the sum of one hundred dollars (f100.00) be and 
the same is hereby appropriated to Reuben A. J. Cumbee, of 
Etowah county, Alabama, as a pension for the year 1913, from 
the State of Alabama, the application of the said Reuben A. J. 
Cumbee therefor having been rejected because of the technical 
insufficiency of his proof. 

2. That the State auditor is hereby authorized and directed 
to immediately draw his warrant upon the State treasurer in 
favor of Reuben A. J. Cumbee for one hundred dollars, and the 
State treasurer is hereby authorized and directed to pay the 
same out of any money in the treasury not otherwise appro¬ 
priated. 

Approved September 17, 1915. 


No. 473.) (H. 744—Hudson. 

AN ACT 

For the relief of Miss Mary McIntyre, and to appropirate and pay to her 
the sum of thirteen hundred dollars. 

Section 1 . Be it enacted by' the Legislature of Alabama, 
That the sum of thirteen hundred dollars be and the same is 
hereby appropriated out of any money in the treasury not other¬ 
wise appropriated to be paid to Miss Mary McIntyre for rent of 
house for health department from June 1st, 1911, to October 
1st, 1915, at the rate of twenty-five dollars per month, and the 
auditor is authorized to draw his warrant on the treasurer in 
favor of Miss Mary McIntyre for said amount. 

Approved September 18, 1915. 



541 


No. 477.) 


(H. 1180—Darden. 


AN ACT 

To provide for the recovery of damages caused by rabid dogs. 

1. That the owner, or person in charge, of any dog, who 
knows that such dog has been bitten by a rabid dog, or has 
knowledge of such facts that if followed up would disclose the 
Ifacts that such dog has been bitten or exposed to a rabid dog, 
and such dog becomes a rabid dog and bites any person stock, 
hogs, or cattle, shall be liable to twice the damages sustained 
by the person injured, including pastuer treatment, which may 
be recovered in any court of competent jurisdiction. 

Approved September 15, 1915. 


No. 479.) (H. J. R. 227—Rogers of Sumter. 

HOUSE JOINT RESOLUTION. 

House Joint Resolution conveying to Miss Julia S. Tutwiler 
expressions of sympathy and esteem. Resolved by the House 
and the Senate that the following message be sent to Miss Julia 
Tutwiler, and that it be engraved on parchment and transmit¬ 
ted to her through the office of the Governor of the State. To 
Miss Julia S. Tutwiler— Greetings: 

In your afflictions you have our deepest sympathy. Our 
prayers are joined with the prayers of the thousands in this 
State to whom your life is a benediction. We beg our Heavenly 
Father that it may be spared for a long, long time, a continued 
blessing to our country. A great teacher: You teach a love of 
learning, both for its beauties and the power it adds to give help 
to others. By precept and example you inculcate tolerance—a 
tolerance that does not condemn or praise opinions for opin¬ 
ion’s sake, but that recognizes and exalts that which is good 
and noble in whomsoever found. You have immolated self on 
the Altar of Sacrifice, giving up the pleasures of home and of 
family to become a mother to the widow and the orphan. A 
friend to humanity, you champion the cause of the lowly, and 
have constantly and persistently worked for the relief of the 
poor, the unhappy and the oppressed. 

Approved September 14, 1915. 



542 


No. 480.) (H. 1013—Stough. 

AN ACT 

To amend section 556 of the Code of Alabama. 

Be it enacted, by the Legislature of Alabama, That section 
j556 of the Code of Alabama be amended so as to read as fol¬ 
lows: 556, (1959) (59) (58) (60) Recording secretary and 
his salary. He may employ a recording secretary at an annual 
salary of eighteen hundred dollars, payable as the salaries of 
other State officers. 

Approved September 14, 1915. 


No. 481.) 


(H. 1350—Vaughan. 


AN ACT 

To authorize and direct the State treasurer to pay to the Alabama Machin¬ 
ery & Supply Company, four hundred thirty-three and 22/100 ($433.22) 
dollars, for merchandise sold and delivered to the convict department of 
Alabama, upon orders from the officers of said departments, and for the 
State capitol ordered by O. E. Courtney, superintendent, and for which 
it has not been paid. 

Be it enacted by the Legislature of Alabama: 

That the State treasurer be, and he is hereby authorized, 
empowered and directed to pay to the Alabama Machinery & 
Supply Company of Montgomery, Alabama, four hundred 
thirty-three and 22/100 ($433.22) dollars, for merchandise sold 
and delivered by it to the convict department of the State of 
Alabama, consisting of an invoice of fifteen and 55/100 ($15.55) 
dollars, dated November 16, 1909; an invoice of seventeen and 
64/100 ($17.64) dollars, dated June 11, 1910; an invoice of 
two hundred forty-one and 70/100 ($241.70) dollars, dated 
July 14, 1910; an invoice of fifty and 14/100 ($50.14) dollars, 
dated September 19, 1910; an invoice of thirty-two and 95/100 
($32.95) dollars, dated July 24, 1911; and also the sum of 
seventy-five and 24/100 ($75.24) dollars, for material furnished 
to capitol building upon orders from O. E. Courtney, superin¬ 
tendent. And the sum of four hundred thirty-three and 22/100 
($433.22) dollars is hereby appropriated out of the funds which 
are now or may hereafter be in the possession of said State 
treasurer, and not otherwise appropriated, for the purpose of 
making said payment and the State auditor is hereby authorized 



543 


and directed to draw his warrant on the State treasurer for 
said sum of $433.22. “Or so much thereof as is ascertained by 
the commission hereinafter provided.” 

“Section 1. Provided, however, that the Governor, the at¬ 
torney general, the State auditor, the State treasurer and the 
director of the department of archives and history shall be and 
constitute a commission whose duty it shall be to ascertain 
how much is due and shall make an award in writing to the 
Governor as to the amount so due and the said Governor shall 
in writing order the State auditor to draw his warrant upon 
the State treasurer for the amount ascertained to be due, and 
it shall be the duty of the State treasurer to pay said warrant 
out of any money in the treasury not otherwise appropriated.” 

Approved September 15, 1915. 


No. 482.) (H. 1342—Hudson. 

AN ACT 

To appropriate the sum of $76.62 to be paid to the Kennedy Company of 
Montgomery, Alabama, as payment of the purchase price of a bill of 
goods bought from the said The Kennedy Company by the State of Ala¬ 
bama for the purpose of making repairs in the State capitol building, 
which said purchase price has never been paid. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the State auditor of Alabama is hereby authorized and 
required to draw his warrant upon the treasury of Alabama in 
favor of The Kennedy Company, of Montgomery, Alabama, for 
the sum of $76.62, and the treasurer of the State of Alabama 
shall pay said warrant out of any moneys in the State treasury 
not otherwise appropriated. 

Sec. 2. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due, and shall make an award in writing to the Governor as 
to the amount so due, and the said Governor shall in writing, 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due, and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 15, 1915. 



544 


No- 483.) (H. 1279—Hudson. 

AN ACT 

To appropriate the sum of $20.25 to be paid to the Loeb Hardware Company 
of Montgomery, Alabama, as payment of the purchase price of a bill of 
goods bought from the said Loeb Hardware Company by the State of 
Alabama for the purpose of making repairs in the State capitol build¬ 
ing, which said purchase price has never been paid. 

Section 1. Be it enacted by the Legislature of Alabama , 
That the State auditor of Alabama is hereby authorized and 
required to draw his warrant upon the treasury of Alabama in 
favor of the Loeb Hardware Company of Montgomery, Alabama, 
for the sum of $20.25, and the treasurer of the State of Ala¬ 
bama shall pay said warrant out of any moneys in the State 
treasury not otherwise appropriated. Or so much thereof as is 
ascertained by the commission hereinafter provided. 

Sec. 2. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due and shall make an award in writing to the Governor as 
to the amount so due and the said Governor shall in writing 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due, and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 15, 1915. 


No- 484.) (H. 1392—Welch. 

AN ACT 

To amend section 133 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama, as follows: 

Section 1. That section 133 of the Code of Alabama of 
1907 be and the same is hereby amended so as to read as fol 
lows: 133. The court of county commissioners and boards of 
revenue of the respective counties shall erect courthouses, jails, 
and hospitals, and other necessary county buildings; and such 
courts and boards have authority to levy a special tax for that 
purpose; provided, that in counties in which a circuit court or 
court of like jurisdiction has been or is hereafter authorized to 
be held in more than one place, the court of county commission- 



545 


ers or board of revenue may build court houses in each place 
of holding court, and in all counties wherein a circuit court or 
court of like jurisdiction is authorized to be held or may here¬ 
after be authorized to be held in more than one place for 
six months or more during any year the court of county 
commissioners or boards of revenue of such counties are hereby 
authorized directed and required to erect a courthouse and jail 
at each of such places where such court is held such court¬ 
houses and jails to be adequate and commodious for the busi¬ 
ness of such court and county at such place, provided the con¬ 
struction of no courthouse under the next preceding clause 
[hereof, shall be required hereby to be begun prior to July 1, 
1917, but this section shall not affect in any wise any local law 
heretofore enacted that is not in conflict herewith. 

Approved September 15, 1915. 


No. 485.) 


AN ACT 


(H. 1437—Hudson. 


To appropriate the sum of $1,496.57, to be paid to the Mercantile Paper 
Company, a corporation, in payment of debts due said corporation by 
the State of Alabama, for stationery and office supplies, contracted 
prior to January 1st, 1915, by the following departments of State for 
the following amounts: Alabama National Guards, $347.90; attorney 
general, $86.20; State banking, $47.00; Alabama Appellate Court, 
$68.00; education, $150.00; immigration, $39.25; land agent, $206.30; 
examiner public accounts, $35.50; State board of health, $139.55; State 
prison inspector, $2.10; Governor’s office, $218.85; State tax commis¬ 
sion, $155.92. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the sum of $1,496.57 is hereby appropriated out of any 
money in the State treasury, not otherwise appropriated, to be 
paid to the Mercantile Paper Company, a corporation, in pay¬ 
ment of the following debts due said corporation by the State 
of Alabama, contracted prior to January 1st, 1915, for station¬ 
ery and office supplies, by the following departments of State: 
Alabama National Guards, $347.90; attorney general, $86.20; 
State banking, $47.00; Alabama Appellate Court, $68.00; edu¬ 
cation, $150.00; immigration, $39.25; land agent, $206.30 ; exam¬ 
iner public accounts, $35.50; State board of health, $139.55; 
State prison inspector, $2.10; Governor’s office, $218.85; State 
tax commission, $155.92. 

Sec. 2. That the State auditor be and he is hereby authorized 
and directed to draw his warrant on the State treasurer in 


18 GA 



546 


favor of said Mercantile Paper Company for the said sum of 
$1,496.57 in payment of said debt. “Or so much thereof as is 
ascertained by the commission hereinafter provided.” 

“Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due and shall make an award in writing to the Governor 
as to the amount so due and the said Governor shall in writing 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated.” 

Approved September 15, 1915. 


No. 486.) 


(H. 1365—Hudson. 


AN ACT 

To appropriate the sum of five hundred thirty-eight and 25/100 dollars for 
the relief of the Montgomery Light & Water Power Company, for lights 
furnished to the capitol building, up to February 1, 1915. 

Section 1. There is hereby appropriated, out of any moneys 
in the treasury, not otherwise appropriated, the sum of five 
hundred thirty-eight and 25/100 dollars, to be paid to the 
Montgomery Light & Water Power Company for the lights fur¬ 
nished the capitol building, up to February 1, 1915. 

Sec. 2. The moneys appropriated by section 1, of this act 
shall be paid upon .warrant issued as provided by law, and 
approved by the Governor. Or so much thereof as is ascer¬ 
tained by the commission hereinafter provided. 

Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due and shall make an award in writing to the Governor as 
to the amount so due and the said Governor shall in writing 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due, and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 15, 1915. 



547 


No. 487.) 


(H. 218—Chamberlain. 


AN ACT 


To provide a limitation in which proceedings to charge lands for the pay¬ 
ment of debts of a decedent must be instituted, so far as the same ap¬ 
plies to the rights of bona fide purchasers for value from the heir, or 
devisee. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the real estate of persons dying testate or intestate shall, 
as against the rights of bona fide purchasers for value from 
the heirs of devisees, be forever discharged from the payment 
of all legal and equitable debts and obligations, unless the per¬ 
sons owing said debts, or benefitted by said obligations, shall, 
within the time allowed by section 2590 of the Code, but in no 
event more than two years from the death of the deceased, filed 
in the probate court of the county where said property is lo¬ 
cated, a verified claim, showing the nature and amount of said 
debts and obligations. And wherever there has been no execu¬ 
tor or administrator appointed, then the person owning said 
debt or benefited by said obligation must, within three months 
after filing said claim, cause letters testamentary or of admin¬ 
istration to be issued and proceed to subject said land to said 
debts or obligations. Provided, however, that this act shall 
not apply to any lien which is expressly created or reserved in 
any conveyance which may be duly recorded in the probate 
court, or probate office in the county in which the land is sit¬ 
uated so as to give notice of said conveyance, or to any judg¬ 
ment recorded under section 4156 of the Code, and provided 
further that this act shall not apply to any liens to secure the 
payment of taxes, or liens arising out of the signing of any 
bond by any public official. 

Sec. 2. This act shall apply to and govern both courts of 
law and courts of equity, whether the claim asserted be legal 
or equitable debts or obligations. 

Sec. 3. All laws and parts of laws, in conflict with the pro¬ 
visions of this act are hereby repealed, provided, however, that 
this act shall not affect section 2801 of the Code in so far as re¬ 
lates to claims against the heir, legatee or devisee. 

Approved September 15, 1915s 



548 


No. 488.) (H. 101—Griffin. 

AN ACT 

To require all county solicitors, all circuit solicitors, any solicitors of any 
court of record to give opinions to all county officials in all matters 
connected with their offices, except in suits against official bonds. 

Be it enacted by the Legislature of Alabama : 

Section 1. That from and after the passage of this bill, 
that all county solicitors, all circuits solicitors, and any solic¬ 
itor of any court of record, are hereby required, and it is made 
a duty upon them, to give every county official, opinions in 
writing on all matters connected with their respective offices, 
except in suits against official bonds. 

Sec. 2. That all laws and parts of laws in conflict with 
the provisions of this bill are hereby repealed. 

Approved September 15, 1915. 


No. 489.) (H. 1367— Healle. 

AN ACT 

To authorize courts of county commissioners, or other like boards, to expend 
money for the purpose of improving the sanitary conditions of their 
counties by laying trunk lines of sewers and constructing sewage dis¬ 
posal plants in localities contiguous to thickly populated communities, 
and to prescribe the terms on which connection with such sewers may 
be made. 

Be it enacted by the Legislature of Alabama: 

That the court of county commissioners, or other like board, 
of any county shall be authorized to expend money for the pur¬ 
pose of improving the sanitary conditions of their counties by 
laying trunk lines of sewers and constructing sewage disposal 
plants in localities contiguous to thickly populated communi¬ 
ties, and to prescribe the terms on which the owners of houses, 
or householders, may connect with such lines of sewers, pro¬ 
vided that no such lines of sewers shall be laid without the writ¬ 
ten approval of the executive officer of the State board of 
health, such approval to be based on the belief that the laying 
of any proposed line will materialy improve health conditions. 
Approved September 15, 1915. 



549 


No. 490.) 


(H. 1566—Welch.) 


AN ACT 

To provide for and require all county officers of all counties in Alabama now 
having or which may hereafter have, a population of as much as one 
hundred and fifty thousand people according to the last Federal census, 
or any such census which may hereafter be taken, to install, equip and 
maintain, in addition to their offices at the county sites of such coun¬ 
ties, officers at each other place in such counties where a circuit court 
or court of like jurisdiction is now authorzed by law to be held, or 
where such court may hereafter be authorized by law to be held, for the 
transaction of all business pertaining thereto, that may arise in or be 
connected with that part of such county within which the cases arising 
therein, may be tried in such circuit court or court of like jurisdiction 
at such place, to provide for the selection, qualification and compensa¬ 
tion and fix the powers and duties of the deputies of the respective offi¬ 
cers of such counties, to act for and assist such officers in the discharge 
of their duties in connection therewith, to fix the duties of the respect¬ 
ive county officers of such counties with reference thereto; to provide 
equipment for such offices, including stationery, records, books, dockets, 
furniture, filing cases and other equipment for such offices, similar to 
that kept in the respective offices of such counties at the county site; 
to prescribe the business of the respective offices and officers of such 
counties that shall be transacted at such places; to prescribe and regu¬ 
late the instruments recorded thereat, and to otherwise provide for the 
installation, equipment and maintenance of such offices and officers at 
such places for the transaction of all business pertaining to such offices 
and officers that may arise within such territory of such counties. 


Be it enacted by the Legislature of Alabama : 

Section 1. All county officers of all counties in Alabama, 
which now have, or which may hereafter have a population of 
as much as one hundred and fifty thousand people, according 
to the last Federal census, or any such census, which may here¬ 
after be taken, in which a circuit court, or court of like jurisdic¬ 
tion is now authorized to be held at a place other than at the 
county site of such counties for the trial of cases and transac¬ 
tion of business relating thereto, arising within a designated 
portion of such county, or in which such court may hereafter 
be authorized by law to be so held, are hereby authorized, direct¬ 
ed and required, in addition to their respective offices at the 
county sites of such counties, to install, keep and maintain 
offices, as in this act provided, at such place other than at the 
county sites of such counties for the transaction of all business, 
executive, ministerial and judicial pertaining to such county 
offices and officers that arise within the territory within which 
the cases arising therein may be tried in the circuit court or 
court of like jurisdiction, held at such place other than at the 
county site of such counties. 



550 


Sec. 2. That all business pertaining to the respective county 
offices and officers of such counties that arises within the terri¬ 
tory within which the cases arising therein may be tried in the 
circuit court or court of like jurisdiction, held at a place other 
than at the county site of such counties, shall be transacted at 
such offices by such officers at such place of holding the court, 
and all records made thereat shall be kept there, and not else¬ 
where. 

Sec. 3. That there shall be kept at such offices all records 
papers and books in all respects similar to the records, papers 
and books that are required to be kept or may be kept by such 
officers at their respective offices at the county site. 

Sec. 4. That all papers, documents and other things per¬ 
taining to the title to property that are authorized to be filed 
and recorded in any office in such county are hereby authorized 
and required to be filed and recorded in such offices of such 
officers at such place other than at the county site, as in this 
act provided for, if the property, affected thereby, or sought 
to be affected thereby is located within, or partly within the 
territory within which the cases arising therein may be tried 
in the circuit court or court of like jurisdiction at such place; 
provided, however, if such property is located partly within 
such territory, and partly within the remaining territory of 
such county, then such instrument, document or paper must be 
filed and recorded both in the office at the county site, and in 
such office at such place other than the county site as herein 
provided for, provided, further, that if such property is located 
partly within the territory herein provided for, and partly with¬ 
in some other county, then such instrument, document or paper 
may be recorded at the place herein provided for, and also in the 
proper office in the other county. Such records in either of the 
events in this section provided for shall operate in all respects 
just as though the same had been filed and recorded in the 
offices of the respective officers in the county site of such 
county. All such records so made shall be kept at the place 
herein provided for, and not at the county site. Provided that 
the deputy or officer in charge of such office shall, at the close 
of each day, make out and mail to the office at the county site, 
an abstract of all papers filed during that day affecting the title 
to property, which abstract shall state the character of the in¬ 
strument, the names of the person or persons mentioned therein, 
the description of the property affected thereby, the date there¬ 
of, and the consideration, and the probate judge shall keep a 
record of such abstracts at the county site. 



551 


Sec. 5. The respective officers of such counties are hereby 
authorized, directed and required to appoint deputies, who shall, 
at the time of their appointment and during their term of office 
be qualified electors residing within the territory from which 
the business comes that is to be transacted at such place, and 
who shall at all times be in charge of the offices of their princi¬ 
pals at such place as is herein provided other than at the county 
site of such counties, and who are hereby authorized to dis¬ 
charge all ministerial duties, and perform all acts of their prin¬ 
cipal that could be performed by their principals that are not 
strictly and exclusively non-delegable, and for all such acts 
herein provided for, shall be responsible on his official bond. 
All such officers are hereby required, before permitting such 
deputies to enter upon the discharge of their duties; to require 
such deputies to take and subscribe to an oath in all respects 
similar to that taken by their principal, and to enter into bond 
in the sum of not less than two thousand nor more than ten thou¬ 
sand dollars, to be fixed by their principal, and made payable 
and conditioned as the bond of their principal is now required 
by law to be payable and conditioned. Such bond to be approved 
by the principal of such deputy. In the event of any liability 
for any act of such deputy, such deputy’s bond is primarily 
liable for such act, and suit may be brought against him on his 
bond by any person damaged, but if his principal is held liable 
therefor, then such deputy’s bond shall be liable as indemnity 
for the principal. All such bonds when approved by the respec¬ 
tive officers, shall be filed with the treasurer of the county, if 
there be a treasurer, or, if there be no treasurer, then such bond, 
shall be filed with and kept by the clerk of the circuit court, or 
deputy of the circuit clerk at the place where such deputy’s 
service is to be rendered. Such deputy’s oath of office shall also 
be filed in the same manner as his bond. The salary or com¬ 
pensation of such deputy shall if the officer whose deputy he is, 
is paid fees for his compensation, be fixed by such officer and 
paid by him, but if such officer is on a salary, then the salary 
or compensation of such deputy shall be fixed by the board of 
revenue or court of county commissioners of such county, and 
his compensation shall be paid out of the county treasury on 
the order or warrant of such officer, but in no event shali the 
compensation or salary of such deputy be in excess of the com¬ 
pensation or salary of his principal. 

Sec. 6. All the equipment for such offices, including all 
stationery, papers, furniture, filing cases and books shall be 
furnished and paid for in the same manner, and from the same 



552 


source, as the equipment, stationery, furniture, books and pa¬ 
pers, filing cases and supplies for the respective offices at the 
county site of such counties and shall, in all respects be similar 
thereto. 

Sec. 7. All records in this act provided for may be certified 
to in the same manner, and shall have the same effect as simi¬ 
lar records at the county site of such counties, and the deputies 
herein provided for are hereby authorized to make such certifi¬ 
cations in his own name and when so done they shall have the 
same legal effect as if certified by his principal'. 

Sec. 8. The purpose of this act is declared to be to provide 
fully for the transaction of all business pertaining to the re¬ 
spective county offices and officers of such counties that arises 
within the territory within which the cases arising therein may 
be tried in such circuit court or court of like jurisdiction held 
at such place other than at the county site to be transacted at 
such place of holding court, and not at the county site of such 
counties. It is further declared to be the purpose of this act 
to provide, in all counties of the population affected by this act, 
or that may, hereafter, have such population, according to the 
Federal census as provided for herein as to fall within its influ¬ 
ence, when there is in such county a circuit court or court of 
like jurisdiction authorized to be held at such place other than 
at the county site, all of the conveniences of the county offices 
and officers of counties at such place, to transact all the business 
pertaining to such offices and officers that arises within the ter¬ 
ritory from which cases that may be tried by such courts at such 
place, and for such business transacted by such officers in 
offices provided for at such place, and this act is intended to 
become effective as to all counties that may hereafter come up 
to the requirements of this act. This act shall be liberally con¬ 
strued so as to affect its purpose. 

Sec. 9. The court of probate of such counties must be held 
at such place on the fourth Monday in each month, and the 
judge of such court may hold special or adjourned terms, when¬ 
ever necessary for any special purpose, and such court must, at 
all times be considered open at such place except on Sundays 
with authority to do all things needful in relation to granting 
letters testamentary, administration or guardianship, and all 
matters pertaining thereto, as well as to bind out apprentices, 
and to make all necesarv orders, which are grantable as a mat¬ 
ter of course. The board of revenue or court of county commis¬ 
sioners, or other like bodies of such counties, shall hold sessions 
at such places on the third Mondays in January, April, July and 



553 


October of each year. And such hoards of revenue or courts 
of county commissioners or other like bodies of such counties 
may hold special or adjourned terms at such place at any time 
when necessary for any special purpose or for the transaction of 
the business of such boards of revenue or courts of county 
commissioners or other like bodies in such counties shall keep 
deputies or clerks at such places at all times except Sundays 
as may be necessary for the transaction of all business pertain¬ 
ing to the business of such offices at that place as may be 
transacted in the absence of such board of revenue or court 
of county commissioners or other like board. 

Sec. 10. That if any section or provision of this act is held 
to be unconstitutional, such fact shall not affect any other 
provision of this act that is not in itself unconstitutional. 

Sec. 11. That all laws and parts of laws local, general or 
special in conflict with the provisions of this act are hereby 
repealed. 

Approved September 16, 1915. 


No. 491.) (S. 857—Bonner. 

AN ACT 

To further suppress the evils of intemperance; to restrict the consumption, 
receipt, possession and delivery of spirituous, vinous, malted, ferment¬ 
ed, or other intoxicating or prohibited liquors and beverages; prescrib¬ 
ing procedure in defined cases, and fixing punishment and penalties. 

Be it enacted by the Legislature of Alabama: 

Section 1. That it shall be unlawful for any common, or 
other carrier, or any other person to deliver to any person any 
shipment of spirituous, vinous, malted, fermented, or other in¬ 
toxicating or prohibited liquors, whether in non-prohibited 
shipments, or otherwise, or whether brought from without the 
State, or otherwise, or whether in original packages, or other¬ 
wise, on any Sunday, or on any day before six o’clock A M., 
and after five o’clock P. M. 

Sec. 2. In order to prevent frauds upon the law which have 
been practiced, and to assure the delivery of liquors in non- 
prohibited quantities, and under non-prohibited conditions by 
carriers, or others, to be made only to bona fide consignees, or to 
another upon their genuine orders, it is hereby enacted that 
when a written order is presented to a carrier, or its delivering 



554 


agent purporting to have been given by the consignee for the 
delivery to the person named in the written order, of liquors of 
the kind respectively, as named in section 1 of this act, delivery 
may be made, if otherwise legal, upon the following terms, and 
not otherwise: (1) If the carrier or its delivering agent from 

familiarity with the handwriting of the consignee, knows the 
signature of the order to be genuine; or (2) if the signature 
thereto be attested by any one of the following officers in the 
county: a circuit clerk, probate judge, sheriff, or other circuit 
judge, justice of the peace, notary public, city marshal, chief of 
police, city recorder or a postmaster. 

Sec. 3. (A) That it shall be unlawful for any person to re¬ 
ceive, accept delivery of, possess or have in possession at one 
time, or within any period of fifteen consecutive days, whether 
in one or more places, or whether in original packages or other¬ 
wise, (1) more than two gallons of vinous liquors, or (2) more 
than five gallons (forty pints) of malted liquors or fermented 
liquors, such as beer, lager beer, ale, porter or other similar 
fermented liquors, either in bottles or other receptacles: or (3) 
more than two quarts of spirituous or other intoxicating 
liquors, or other prohibited liquors beyond those named 
in subdivisions 1 and 2 above; or (4) more than one 
kind of the three kinds of liquors as hereinabove classi¬ 
fied, either at one time, or within said period of fif¬ 
teen days, and whether in original packages, or otherwise. (B) 
The receipt or possession of the liquors mentioned in this sec¬ 
tion in excess of the quantities above named respectively at one 
time, or in fifteen consecutive days, and whether in original 
packages, or otherwise, and the receipt and possession under 
the same circumstances of more than one kind of the three kinds 
of liquors as hereinabove classified, shall constitute prima facie 
evidence that such liquors are kept, or had in possession for 
sale, or other unlawful disposition. This section shall not ap¬ 
ply to the possession of wine, or cordial made from grapes, or 
other fruit grown and raised by the person making the same for 
his own domestic use, when such person keeps such wine or cor¬ 
dial for his own domestic use on his own premises; and this sec¬ 
tion shall not apply to the receipt or possession of alcohol by 
persons who are permitted by law to possess, sell, or use the 
same, nor to the receipt or possession of wine for sacramental 
purposes when received and possessed in accordance with the 
rules and regulations prescribed by law. This section is not to 
be construed so as to admit of the receipt, delivery, or posses¬ 
sion at one time, or within the said period above named, or more 



555 


than one kind of the three classes of liquors as above set out, 
to-wit: (1) vinous liquors; (2) malted or fermented liquors 
above defined; (3) spirituous liquors, or other intoxicating or 
prohibited liquors. 

Sec. 4. That it is hereby made unlawful to deliver any of 
the liquors mentioned in section 1 of this act, to or for account 
of any firm, partnership, corporation or association of persons; 
or for any person for and on account of the same, to receive, or 
possess any of the said liquors and beverages, it being the gen¬ 
eral policy of this State to require under non-prohibited condi¬ 
tions, that such liquors shall be delivered to and possessed by 
individuals only, and for personal or domestic consumption. 
This section does not apply to alcohol when received or pos¬ 
sessed according to law, or wines that are shipped to druggists 
to be sold for sacramental purposes as authorized hv law. 

Sec. 5. That when more than one quart of the liquors men¬ 
tioned in section 1 of this act, or prohibited liquors, is received 
or had in possession, it must be in bottles or receptacles of the 
capacity of not less than one quart, and when a quart or less is 
so received or possessed, it must be contained in one receptacle 
or bottle. Failure to observe these provisions, or either of 
them, shall constitute prima facie evidence that the said liquors 
are kept, or had in possession for sale, or other unlawful dispo¬ 
sition ; and it shall be unlawful to receive or possess the liquors 
in quantities mentioned in receptacles or bottles that do not 
conform to the above requirements; but this section shall not 
apply to malted or similar fermented liquors, such as beer, 
lager beer, ale, or porter. 

Sec. 6. That this act is not intended to modify or repeal any 
section of an act of the present session of the Legislature known 
as the Bonner Anti-Shipping Law, becoming effective February, 
1915, except as to those portions that are in conflict with this 
act. Sections twelve (12) and thirteen (13) of said law, are 
intended to be superseded by section three (3) of this act, and 
section seventeen (17) thereof is intended to be superseded by 
section five (5) of this act. If any superseding section, or part 
thereof, shall fail to become operative, a corresponding section, 
or part of a section of the said Bonner Anti-Shipping Law shall 
remain in effect. 

Sec. 7. That no property rights of any kind shall exist in 
prohibited liquors and beverages, vessels, fixtures, furniture, 
implements, or vehicles kept or used for the purpose of violat¬ 
ing any law for the promotion of temperance or the suppres¬ 
sion of the evils of intemperance, nor in any such liquors when 



556 


received, possessed, or stored at any forbidden place, or any¬ 
where in a quantity forbidden by law; and in all such cases the 
liquors are forfeited to the State of Alabama and may be 
searched for and seized, and ordered to be destroyed under the 
iules now prescribed by law concerning contraband liquors, or 
by order of the judge of court after a conviction when such 
liquors have been seized for use as evidence. 

Sec. 8. . When any officer shall seize or take possession of 
any prohibited liquors and beverages in the enforcement of the 
law, he shall at once in writing make a return of his acts, with a 
statement of the quantity and kind of liquors to the court or 
magistrate that has or secures jurisdiction of the case; and 
when any such liquor is destroyed, delivered to any person, or 
otherwise disposed of, the officer acting in the matter shall in 
wiiting make a report of the facts to such court or magistrate. 

Sec. 9. That wholesale druggists may sell alcohol in quan¬ 
tities not greater than five gallons at one time, to be used in the 
arts, or for scientific, or mechanical purposes, and for all sales 
of alcohol except wood and denatured alcohol, they must make 
and file with the probate judge of the county in which the ven¬ 
dee resides, or does business, a statement in regard to the sale 
of alcohol in the form and manner now required by law when 
sales are made by wholesale druggists. All regulations as to 
the sale and use of alcohol by druggists, or other authorized 
persons, including physicians who are dealers in drugs in towns 
of less than one thousand inhabitants, shall remain in effect 
except as hereby modified. Any wholesale druggist or other 
person violating any regulation hereby prescribed shall be pun¬ 
ished as in other cases of violating the regulations as to alcohol 
under the existing laws. When such statement is filed in the 
county of the residence of the vendee, or in which the vendee 
does business, it need not be filed in the county of the vendor. 
For filing such statements containing sales made during the 
month to persons residing in or doing business in a county, and 
recording same, the probate judge shall receive a fee of twenty- 
five cents, as now prescribed by law for cases in which the state¬ 
ment is filed in the vendor’s county. 

Sec. 10. That when any minister, pastor, or priest of a re¬ 
ligious congregation or church desires to have shipped from 
outside of the State, wine for sacramental purposes in the usual 
religious exercises of his denomination, he may apply to the 
judge of probate of the county for a permit stating the amount 
desired, during what period, and for what purpose, and said 
judge if satisfied of the good faith of the application, shall grant 



557 


a written permit to the applicant permitting the shipment of 
such amount as is shown to be reasonably necessary to be stated 
in the permit, for the time stated for such purpose, not to ex¬ 
ceed five gallons at one time, which said permit is to be at¬ 
tached to the package when shipped into the State. The permit 
which is to be issued upon paying the probate judge fifteen 
cents for issuing same, may be used for only one shipment, and 
shall be void after twenty days from date. The carrier or party 
making delivery must keep a record of all such deliveries of 
wine for said purposes, subject to the conditions applicable to 
other shipments of liquor. 

Sec. 11. That when any violation of this act, or any law for 
the promotion of temperance is threatened, or shall have oc¬ 
curred, the doing of, or continuation or repetition of the unlaw¬ 
ful act, or any of like kind by the offending party, may be pre¬ 
vented by writ of injunction out of a court of equity upon a bill 
filed in all respects as in cases of liquor nuisances and of viola¬ 
tion of the law against advertising liquor; in like manner the 
writ of injunction may be employed to compel obedience to any 
rule or regulation prescribed by any such law. 

Sec. 12. That if for any reason any section, paragraph, 
provision, clause or part of this act shall be held unconstitu¬ 
tional or invalid, that fact shall not affect or destroy any other 
section, paragraph, provision, clause or part of the act not in 
and of itself invalid, but the remaining portion shall lie enforced 
without regard to that so invalidated. 

Sec. 13. No repeal, or superseding or modification of any 
existing law or ordinance resulting from this act, shall affect 
any existing right, remedy, defense or liability incurred, or any 
action or prosecution, civil or criminal, already commenced, or 
which may hereafter be commenced, for any offense al¬ 
ready committed, or committed prior to the taking ef¬ 
fect of this act, or any action or prosecution enforcing a right, 
penalty or punishment under such repealed, superseded or mod¬ 
ified law or ordinance, and as to all such cases, the laws and 
ordinances in force at the time of the taking effect of this act, 
shall continue in force. 

Sec. 14. That when an officer arrests any person in posses¬ 
sion of an unlawful quantity or quantities of prohibited liquors, 
or of such liquors under conditions prohibited by law, then on 
the conviction of such party of a violation of a city ordinance or 
State law, whether in the recorder’s court, or State court pos¬ 
sessing jurisdiction, a fee for making the seizure of the liquors 
shall be taxed up against the defendant, and paid to such officer 



558 


as a part of the cost of the case, as follows: If a seizure is made 
of not more than five gallons of such liquors, the fee shall be 
three dollars; if the seizure be of more than five gallons, and less 
than twenty gallons, the fee shall be five dollars; and if more 
than twenty gallons be seized, the fee shall be ten dollars. 

Sec. 15. That any common carrier, carrier or agent of either 
or other person violating any of the provisions of this act, or 
failing to comply with any requirements thereof, shall be guilty 
of a misdemeanor, punishable by a fine of not less than fifty dol¬ 
lars, nor more than five hundred dollars, to which at the discre¬ 
tion of the court or judge trying the case may be added impris¬ 
onment in the county jail, or confinement at hard labor for the 
county for not more than six months for the first conviction, 
and on the second and every subsequent conviction of a viola¬ 
tion of any provisions of this act, the offense shall, in addition 
to a fine within the limitations above named be punishable by 
imprisonment in the county jail, or at hard labor for the county 
for not less than three, nor more than six months, to be imposed 
by the court or judge trying the case; and it shall be the duty of 
the solicitor or prosecuting attorney in all cases of indictment 
by the grand jury to ascertain whether or not the charge made 
by the grand jury is the first or subsequent offense, and if the 
latter, it shall be so stated in the indictment, and returned, and 
he shall introduce proper evidence before the trial court show¬ 
ing that it is a subsequent offense and shall not be permitted to 
use his discretion in charging said second offense, or in intro¬ 
ducing evidence and proving the same on the trial. 

Sec. 16. This act shall take effect from and after its final 
passage and enactment into law, the public welfare requiring it. 

Approved September 25, 1915. 


>o. 492.) (S. 426—Hill. 

AN ACT 

To pay Teague & Sons the sum of $643.85, said sum being owed by the State, 
to Teague & Sons. 

Section 1. Be it enacted by the Legislature of Alabama , 
That the auditor of Alabama is hereby authorized and required 
to draw a warrant upon the treasury of Alabama in favor of 
Teague & Sons, of Montgomery, Alabama, for the sum of 
$643.85, and the treasurer of the State of Alabama shall pay 
said warrant out of the convict fund in the State treasury not 
otherwise expended. 

Approved September 16, 1915. 



559 


(S. 685—Thach. 


No. 494.) 


AN ACT 


To ratify, confirm and validate all payments heretofore made by county 
treasurers on warrants drawn by probate judges under supposed va 
orders of courts of county commissioners, or boards *2 

ratify, confirm and validate all contracts and orders made y 
of county commissioners or boards of revenue and payments made y 
said boards or courts of county commissioners to aid m cattle ticti erad¬ 
ication, but subsequently found to be illegal. 


Be it enacted by the Legislature of Alabama, as follows: 

Section 1. That all payments of warrants heretofore made 
by the county treasurer when such warrants were drawn by 
probate judges in accordance with orders of the courts of county 
commissioners or hoards of revenue and payments made by said 
boards or courts of county commissioners to aid in the wrnrk 
of cattle tick eradication, and which orders were supposed to 
be legal, but were subsequently found to be illegal, are hereby 
ratified, confirmed and validated as though the same had been 
drawn originally on valid orders of courts of county commis¬ 
sioners or boards of revenue, in accordance with law. 

Sec. 2. That all orders and contracts heretofore made by 
courts of county commissioners or boards of revenue for labor 
performed, or materials furnished for the construction of dip¬ 
ping vats for tick eradication are hereby ratified, confirmed 
and validated and the county treasurers of such counties are 
hereby authorized and required to pay all such warrants drawn 
in accordance with such contracts or orders. 

Approved September 16, 1915. 


No. 495.) 


AN ACT 


(S. 598—Lee. 


To amend section 1355 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama: 

That section 1855 of the Code of Alabama of 1907 be and 
the same is hereby amended so as to read as follows: 1855- 
Cities having a population of 2,000 and less than 6,000 inhabi¬ 
tants shall have a board of education consisting of five mem¬ 
bers which shall be elected by the council, or other governing 
bodv, at its first regular meeting. The council, or other govern- 



560 


mg body, shall elect the members of the board of education for 
terms of office which shall be respectively, one ,two, three, four, 
and five years. Annually thereafter at the first regular meeting 
m April or as soon thereafter as may be practicable, at a regu¬ 
lar meeting, the council, or other governing body, shall elect a 
member whose term of office shall be five years, to succeed the 
member of the board of education whose term expires that year. 
As soon after election as practicable, the said board shall organ¬ 
ize by electing one of their members president and shall also 
elect one of their members secretary of said board, and said 
board shall have all powers and be vested with all the authority 
in relation to the public schools as boards of education in cities 
of 6,000 or more population. In the event of a vacancy in the 
membership of the board by resignation or otherwise, the fact 
shall be reported to the city council, or other governing body, 
by the board, and the council, or other governing body, shall 
elect a person to fill such vacancy for the unexpired term: in 
towns of less than 2,000 population, the management and con¬ 
trol of the public schools therein shall on and after the first 
day of October, 1915, be vested in a county board of education, 
which board shall be vested with all the powers and authority 
m relation to such school, as if the same were not within the 
incorporated territory. 

Approved September 16,1915. 


No. 498.) 


AN ACT 


(H. 975—Brindley 


To protect women and children from desertion and non-support by hus¬ 
bands and parents; making' it a misdemeanor for a husband to desert 
or neglect to provide for the support of his wife, or for a parent to de¬ 
sert or to neglect to provide for the support of his or her child, or chil¬ 
dren, under the age of sixteen years; prescribing the penalty therefor, 
and making provisions for the apprehension and punishment of per¬ 
sons convicted of non-support or desertion; and providing for the taking 
of recognizances; and for the forfeiture and enforcement of said recog¬ 
nizances; also providing for the appointment of probation officers and 
prescribing their duties and powers; and making chiefs of police and 
sheriffs and other peace officers, probation officers, in certain contin¬ 
gencies, and designating the courts which shall have jurisdiction of such 
matters. 


Section 1. Be it enacted by the Legislature of Alabama, 
lnat any husband who shall, without just cause, desert or willful- 
y neglect or refuse to provide for the support and maintenance 
of his wife; or any parent who shall, without lawful excuse 
desert or willfully neglect or refuse to provide for the support 



561 


and maintenance of his or her child, or children, under the age 
of sixteen years, she or they being then and there in destitute 
or necessitous circumstances, shall be guilty of a misdemeanor, 
and, on conviction thereof, shall be punished by a fine of not 
exceeding one hundred dollars, or in the case of a husband, or 
father, be sentenced to a term at hard labor for the county for 
a period of not more than twelve months, or both. When any 
such person is so sentenced to hard labor for the county, the 
county from which said person is so sentenced shall out of the 
general funds of said county pay fifty cents for each day said 
prisoner is so confined, to a probation officer designated by the 
court, to be by him expended under the direction of the judge, 
for the maintenance of his dependent wife or children, one, or 
both, as the case may be, of which expenditure such officer shall 
make monthly reports to said judge; and it shall be the duty 
of the county commissioners, or board of revenue, of such coun- 
ty, to make the allowance herein provided for, every two weeks, 
and to issue a warrant for same on the county treasurer, who 
shall pay same to said probation officer. And should a fine 
be imposed, it shall be directed by the court to be paid, in whole, 
or in part, to such probation officer, to be by him used as above 
stated, or to the wife, or the guardian, or custodian of such 
child, or children. Persons sentenced to hard labor for the 
county under the provisions of this act shall, when released 
therefrom, be placed on probation upon the terms and condi¬ 
tions, and, in the manner hereinafter prescribed for the proba¬ 
tion or original offenders, not so sentenced. 

Sec. 2. Proceedings under this act may be instituted upon 
complaint made under oath or affirmation by the wife or child 
supported by other evidence, or by any officer mentioned in 
section (7) of this act upon information received, or by any 
other person having knowledge of the facts, against any person 
accused of either of the above named offenses. It shall be the 
duty of any officer mentioned in section (7) of this act when, 
in his opinion, a person in his jurisdiction is guilty of desertion, 
or of failure, to support his family, to bring such person before 
the court, charged with such desertion or failure to support his 
wife or children. The probate courts of the several counties of 
the State shall have and exercise exclusive and original juris¬ 
diction in all cases arising under this act, except in such coun¬ 
ties in which by special act of the Legislature, juvenile courts 
have been created and established, in which last described coun¬ 
ties, such juvenile courts shall have exclusive and original juris¬ 
diction of all cases arising under this act; and as to such cases, 



562 


such juvenile and probate courts shall have and exercise all 
the power and authority now possessed, or which may here¬ 
after be conferred, upon county courts; and the institution and 
trial of such cases shall, except as herein otherwise provided, 
be had and conducted as other misdemeanor cases are begun 
and tried in such county courts. In the trial of such cases, such 
juvenile or probate court shall determine both the law and the 
facts, without the intervention of a jury, and shall award such 
judgment, under the terms of this act, as shall seem just. The 
defendant, if convicted, shall have the right to appeal to the 
next ensuing term of the circuit court of the county where he 
may have a trial by jury. Pending said appeal, upon his enter¬ 
ing into bond, with sufficient sureties, in such sum as the court 
may require, conditioned that he will appear at said circuit 
court, until discharged by due course of law, he shall be released 
from custody. If the defendant fails to make the required 
bond, he shall be confined in the county jail till tried. Upon 
the taking of such appeal, the clerk of the said court shall at 
once certify to the clerk of the circuit court, of said county, all 
papers in the cause affecting the person so appealed, together 
with a transcript of all proceedings had in said court, in said 
matter. The clerk of the said circuit court of said county shall 
set all cases appealed from this court as preferred cases in said 
circuit court, to the end that said cases may have a speedy 
hearing in said circuit court. Upon said appeal, said circuit 
court shall try said case de novo, and shall proceed under and 
in pursuance of the terms of this act, to render such judgment 
as said juvenile or probate court should have rendered. Upon 
the rendition of said judgment, said circuit court shall caiise 
to be filed with said juvenile, or probate court, a copy of its 
said judgment, which shall thereupon become the judgment of 
said juvenile, or probate court. And in the event said circuit 
court does not discharge said defendant, said circuit court shall 
remand said defendant to the jurisdiction of said juvenile or 
probate court, to be dealt with under the terms of said judg¬ 
ment in all respects as if said judgment had been rendered by 
said juvenile, or probate court, in the first instance. 

Sec. 3. At any time before the trial, or pending an appeal, 
upon motion of the complainant and upon notice to the defend¬ 
ant, the judge of said court may enter such temporary orders 
as may seem just, providing for the support of the neglected 
wife or children, or both, pendente lite, and may punish for 
violation of such order as for contempt. 



563 


Sec. 4. Before the trial, with the consent of the defendant, 
or at the trial, on entry of a plea of guilty, or after conviction, 
instead of imposing the penalties hereinbefore provided or in 
addition thereto, the judge in his discretion, having regard to 
the circumstances, and to the financial ability, or earning capac¬ 
ity, of the defendant, shall have the power to make an order, 
which shall he subject to change by the court, from time to time, 
as circumstances may require, directing the defendant to pay 
a certain sum periodically, either directly, or through a proba¬ 
tion officer, to the wife, or to the guardian, curator, or custo¬ 
dian of the said minor child, or children, or to an organization, 
or individual, approved by the court, or judge, as trustee, and to 
release the defendant from custody on probation, upon his or her 
entering into a recognizance, with or without surety, in such 
sum as the court, or judge thereof, may order and approve. 
The condition of the recognizance shall be such that if the 
defendant shall make his or her personal appearance in court 
whenever ordered to do so, within one year, and shall further 
comply with the terms of such order of support, or of any sub¬ 
sequent modification thereof, then such recognizance shall be 
void; otherwise, in full force and effect. 

Sec. 5. If at any time the judge be satisfied, by informa¬ 
tion and due proof, that the defendant has violated the terms 
of such order, he may forthwith proceed with the trial of the 
defendant under the original charge, or sentence him or her 
under the original conviction, or enforce the suspended sen¬ 
tence, or in his discretion may extend or renew the term of 
probation, as the case may be. Upon due proof that the terms 
of said order have been violated, such judge shall, in any event, 
have the power to declare the recognizance forfeited, and the 
sum or sums recovered thereon shall be paid, in the discretion 
of the court, in whole or in part to the defendant’s wife, or to 
the guardian, curator, custodian, or trustee of the said minor 
child or children, or to an organization, probation officer, or 
individual approved by the judge, for the use of said wife, 
child, or children. Any recognizance taken in a juvenile court, 
after being forfeited, shall be certified and transmitted to the 
circuit court of the county, and the proceedings thereon shall 
be as in other cases of forfeited recognizances. 

Sec. 6. Any offense under this act shall be held to have 
been committed in any county in which such wife, child, or 
children, may be at the time such complaint is made. When¬ 
ever the judge, within whose jurisdiction an offense under this 
act is alleged to have been committed, shall, after an investiga- 



564 


tion of the facts and circumstances thereof, certify that, in his 
opinion, the charge is well founded, and the case a proper one 
for extradition, or in any case, if the cost of extradition is borne 
by the parties interested in the case, the person changed with 
having left the State with the intention of evading the terms 
of his probation, or of abandoning, or deserting his wife, child, 
or children, shall be apprehended, and brought back to the 
county having jurisdiction of the case, in accordance with the 
the law providing for the apprehension and return to this State 
of fugitives from justice, and upon conviction, punished as 
hereinabove provided. When the judge of said court shall cer¬ 
tify, as above provided, all costs incurred by the sheriff, or 
other officers, in bringing such parent, or parents, from other 
states, or from other counties in this State, into the county 
where the said offense shall have been committed, and all costs 
incident to such extradition of such parent, or parents, shall be 
paid by the county in which such offense shall have been com¬ 
mitted, and the county commissioners, or the board of revenue, 
shall make such appropriations as may be necessary to carry 
into effect the provisions and purposes of this act. Proof that 
a person has left his wife, child, or children in destitute or 
necessitous circumstances, or has contributed nothing to their 
support for a period of sixty days after his departure, shall 
constitute prima facie evidence of an intention to abandon, or 
desert, his said family. 

Sec. 7. The judge of said court shall have the right and 
authority to call upon the sheriff or any deputy sheriff in said 
county, any constable in said county, any police or other peace 
officer in any town or city in said county, any humane, or 
probation officer in said county, to serve as probation officer, 
under the terms of this act; and he may appoint in any par¬ 
ticular case, any other discreet person, willing to serve in such 
case, such probation officer. Said, officer above mentioned, 
when so requested or appointed by said judge, if it will not 
interfere with the performance of the duties of their respective 
offices, shall faithfully perform the duties which may be pre¬ 
scribed for them by the court or judge, above mentioned, and 
shall promptly make all reports which may be required of him 
by said court, or judge. The sheriff of said county shall serve 
all writs, processes and papers, directed by the court, or judge 
thereof, to be served by him, and a suitable allowance shall be 
made to him by the county commissioners, or board of revenue, 
of such county, for his actual disbursements in effecting such 
service; but all writs or other processes issued from said court 



565 


in such procedeings may be served by any person designated by 
the court, or judge thereof, for such purpose, and while such 
other person is engaged in serving such writs or processes, said 
person shall have all the power and authority of a sheriff. 
There shall be no costs of any kind whatever taxed in cases 
arising under this act. 

Sec. 8. Said probation officers shall ascertain the name and 
address and such facts in relation to the antecedent history and 
environment of the person, or persons, committed to his charge 
as may enable him to determine what corrective measures will 
be proper in the case, and shall exercise constant supervision 
over the conduct of such person or persons, and make report 
to the judge whenever he shall deem it necessary, or be required 
so to do, and he shall use every effort to encourage and stimulate 
such person to a reformation. Whenever said probation officer 
shall become satisfied that such person is violating the direction, 
rules, or regulations given or prescribed by the judge, for his 
conduct, the said probation officer shall have authority to ar¬ 
rest such person without warrant, and carry him before the 
judge before whom he was first brought; and such judge mav 
thereupon proceed as provided in section (5) of this act. 

Sec. 9. That no other evidence shall be required to prove 
marriage of such husband and wife, or that such person is the 
™, u ! father . or mother of such child, or children, than is or 
shall be required to prove such facts in a civil action In all 
prosecutions under this act, any existing provisions of the law 
prohibiting the disclosure of confidential communication be¬ 
tween husband and wife shall not apply, and both husband and 
wife shall be competent and compellable witnesses to testify 
to any and all relevant matters, including the fact of such mar¬ 
riage and the parentage of such child, or children. Proof of 
the desertion of such wife, child, or children, in destitute or 
necessitous circumstances, or of neglect to furnish such wife, 
child, or children, necessary and proper food, clothing or shelter, 
is prima facie evidence that such desertion or neglect is willful. 

feec. 10. Any parent or other lawful custodian of anv child 
under sisxteen years of age, who shall willfully abandon any 
such child for a period of six months, or more, shall therebv 
lose all their right, custody, and control, and authority to and 
over said child. 

Sec. 11. All acts and parts of acts in conflict with this act 
are hereby repealed. This act slial go into effect immediatelw 
upon its passage. 

Approved September 16, 1915. 



566 


No. 499.) (H. 1426—Bradshaw. 

AN ACT 

To amend section 1421 of the Code of 1907 of the State of Alabama. 

Be it enacted by the Legislature of Alabama, That section 
1421—of the Code of 1907—be amended so as to read as follows: 
—Section 1421.—Municipal Bonds,—Election for.—The mayor 
and common council, mayor and aldermen, or other governing 
body, of any city or town in this State, may order elections to be 
held in such city or town, for the purpose of the qualified elec¬ 
tors of such municipality voting upon and deciding the question 
as to whether or not the bonds of such municipality shall be 
issued for the purpose of purchasing or constructing public 
buildings, sewers, streets, alleys, bridges, and public school- 
houses and buildings, to purchase or acquire water works and 
light plants, or to construct the same, or to provide the same 
by purchase and improvement or by improvement alone, or for 
such other purposes as are authorized by law, whenever such 
governing board deems it necessary; but no second election 
under this article shall be held within two years of an election 
theretofore held for the same purpose, unless it be to authorize 
the issue of bonds to rebuild public buildings or other public 
utilities or bridges, destroyed since the issue of the order of such 
first election. 

Approved September 16, 1915. 


No. 500.) 


(H. 1123—Henderson. 


AN ACT 


To permit all common carriers in this State to grant free transportation to 
needy Confederate veterans to and from the State and national reunions 
of the United Confederate Veterans. 

Section 1. Be it enacted by the Legislature of Alabama, 
That it shall be lawful for all common carriers in this State to 
grant free transportation to all needy Confederate veterans 
over their respective lines of travel, to and from all reunions of 
the Confederate veterans, State and national, on the certificate 
of the commanders of the camps of that organization showing 
the worthiness of the applicants for such transportation.. 

Sec. 2. That all laws and parts of laws in conflict with the 
provisions of this act are hereby repealed. 

Became a law under section 125 of the Constitution. 



5G7 


No. 501.) (H. 1595—Cooper. 

AN ACT 

To confer upon the railroad commission of Alabama jurisdiction over the 
rates, charges, services and facilities of all persons, firms and corpora¬ 
tions engaged in or carrying on for hire, the business of telegraph and 
telephone, either or both. 

Be it enacted by the Legislature of Alabama: 

1. That all persons, firms and corporations engaged in or 
carrying on for hire, the business of telephone or telegraph, 
either or both, shall be, so far as relates to the rates, charges, 
services and facilities of such persons, firms and corporations, 
under the jurisdiction of the railroad commission of this State. 

2. The railroad commission of Alabama is charged with 
the duty of supervising, regulating and controlling such per¬ 
sons, firms and corporations doing business as aforesaid in this 
State, in all matters relating to their rates, charges, services 
and facilities, and of correcting abuses therein, by such persons, 
firms and corporations. The commission shall from time to 
time in the matter now or that may hereafter be authorized by 
law, for prescribing and enforcing the rates and charges of 
railroads in this State, prescribe and enforce against such per¬ 
sons, firms or corporations, such rates, and charges, as may 
be fair, reasonable and just, and shall require them to estab¬ 
lish and maintain, all such public service facilities and conven¬ 
iences as may be reasonable and just, which said rates and 
charges, the commission may, from time to time, alter or amend. 

3. All laws, general and special, expressly or impliedly, in 
conflict with the provisions of this act, are hereby repealed 
and this act shall take effect immediately upon its approval. 

4. That the powers and duties of the commission to regu¬ 
late the rates and charges, services and facilities herein pro¬ 
vided for, shall be limited to the rates and charges, services and 
facilities for the business done in Alabama, and shall not ap¬ 
ply to any interstate business. 

Approved September 15, 1915. 



568 


No. 502.) ' (H. 1278—Wilson. 

AN ACT 

To provide for the protection of orchards, trees, farms, vines and shrubs, 

and the products of said orchards, trees, farms, vines and shrubs, and 

to provide punishment for violations of the provisions thereof. 

Section 1. Upon a petition of fruit growers, vegetable grow¬ 
ers or farmers controlling and cultivating not less than five 
thousand acres of fruits, vegetables and farm crops of all kinds 
in any county of this State, the county commissioners of said 
county shall appoint a county horticulturist, who shall be ex- 
officio a deputy State horticulturist, whose duty it shall be in 
accordance with the horticulturist, to inspect orchards, nur¬ 
series, trees, shrubs, vines, fruits, vegetables, plants, packing 
houses, •warehouses, store rooms, farms and all other premises 
within said county, and to enforce all laws of the State relating 
to such insect pests and such diseases as affect trees, vines, 
plants, of any kind, or fruits or vegetables of any kind, and all 
other horticultural laws, rules and regulations of the State; 
provided, however, that the horticulturist so to be appointed 
shall be nominated by the State horticulturist, and shall be a 
graduate of an accredited agricultural college and shall have not 
less than five years of practical experience in horticultural pur¬ 
suits; and said county horticulturist shall hold his office during 
the time he performs the duties of said office in a manner sat¬ 
isfactory to said State horticulturist. Upon a similar petition, 
the county commissioners of said county shall appoint one or 
more deputy county horticulturist who shall be ex-officio a 
deputy State horticulturist; provided that such assistant or 
deputy horticulturist be first recommended by the State horti¬ 
culturist, in the manner provided for the appointment of a 
county horticulturist, and shall hold office during the pleasure 
of said county commissioners and of the county horticulturist 
for said county. Every such deputy county horticulturist shall 
have and perform all the powers and duties of a county horti¬ 
culturist, but shall work under his direction. 

Sec. 2. The county horticulturist and deputy county horti¬ 
culturists and all other persons authorized to enforce the horti¬ 
cultural and inspection laws of Alabama, are authorized and 
empowered, provided, they show credentials from the State 
horticulturist, to enter during reasonable hours upon or into 
any premises, land, buildings, enclosures, or other places for 
the purpose of inspecting any article which is subject to, or 
may be subject to, infestation with any insect or fungus injuri- 




569 


ous to any article which grows upon or in or from the soil by 
processes of plant growth, or the eggs, larvse, or pupae of such 
insects or with any disease injurious to any such article or arti¬ 
cles for the further purpose of enforcing any of the laws of this 
State relating to horticultural quarantine, or horticultural 
inspection or the abatement of horticultural nuisances or any 
other duties imposed by law upon such horticulturists and other 
persons authorized to enforce the inspection and horticultural 
laws of Alabama. 

Sec. 3. Such county horticulturist shall receive a sum not 
less than five dollars per day and his actual necessary expenses, 
and each deputy county horticulturist shall be paid for his 
services by said county a sum not to exceed four dollars per day 
and his actual necessary expenses incurred in the performance 
of his duties. The county horticulturist shall report monthly 
to the State horticulturist, on or before the last day of each 
month, stating the kind and amount of work done by himself 
and his assistant or assistants, the necessary expenses incurred, 
with vouchers for the same, and the number of days that the 
said county horticulturist and his assistant or assistants are 
entitled to pay. When the State horticulturist has examined 
and approved the said report, and claim, the county commis¬ 
sioners shall upon receipt of the report so approved pay the 
salary and expenses of the said county horticulturist, and his 
assistant or assistants and the commissioners shall certify the 
same to the treasurer of the county before such compensation 
and expenses shall be paid. 

Sec. 4. The board of county commissioners of each county 
shall supply the county horticulturist and deputy county horti¬ 
culturist with such blanks as are not furnished by the State 
board of horticulture and with such stationery and postage as 
are needed in the performance of their official duties. If it 
appears to the court of county commissioners of any county 
that it will be for the best interests of the people of such 
county to do so, it may agree to pay, and shall pay, to its county 
horticulturist a larger sum than five dollars per day for his 
services and his actual' traveling expenses, and shall not pay 
deputy county horticulturist a sum greater than four dollars 
per day for his services and his actual expenses. 

Sec. 5. It shall be the duty of the county horticulturist, 
whenever lie deems it necessary, on written approval of the 
State horticulturist, to cause an inspection to be made during 
reasonable hours, of any orchards, nurseries, trees, plants, vege¬ 
tables, vines, or any fruit packing houses, store room, salesroom 



570 


or any other place within his district, and also of any fruit trees 
or nursery stock shipped from beyond the limits of this State, 
and if found infected with any pests, diseases or fungus growth 
injurious to fruits, plants, trees, vegetables, or vines, or with 
their eggs or larvae liable to spread to other plants or localities, 
or of such nature as to be a public danger, he shall notify the 
owner or owners or persons in charge or in possession of such 
articles, things or places, that the same are so infested, or in 
case such fruit trees or nursery stock, although apparently 
sound and not infested by any pests, shall have been from an 
infested district beyond the limits of this State, he shall also 
so notify the owner or owners or persons in charge of or in pos¬ 
session of the same to eradicate or destroy said insects or pests 
or their eggs or larvae, or such imported fruit trees or nursery 
stock from infested districts without the limits of this State, 
or to treat such contagious diseases within a certain time to be 
specified in said notice. Said notice may be served upon the 
person or persons, or any of them, owning, having charge of or 
having possession of such infested place, article, or thing by 
said county horticulturist, or by any person deputed by him 
for that purpose, or they may be served in the same manner as 
a summons in an action at law. Such notice shall contain di¬ 
rections for the application of such treatment approved by the 
county horticulturist for the eradication or destruction of said 
pests, or the eggs or larvae thereof, or the treatment of contagious 
diseases or fungus growh. Any and all such places, orchards, 
nurseries, trees, plants, shrubs, vegetables, vines, fruits or arti¬ 
cles thus infested are hereby declared to be a public nuisance, 
and should they exist at any place in the State on the property 
of any owner or owners upon whom or upon the person in charge 
or possession of whose property notice has been served as afore¬ 
said, and who shall have failed or refused to abate the same 
within the time specified in such notice, or if it is the property 
of any non-resident or any property not in the possession of any 
person and the owner or owners of which cannot be found by 
the county horticulturist after diligent search within the coun¬ 
ty, it shall be the duty of the county horticulturist to cause 
such nuisance to be at once abated by eradicating or destroying 
said insects or pests or their eggs or larvae, or by treating or 
disinfecting or destroying the infested or diseased article, or 
imported fruit trees or nursery stock imported from an infested 
district without the limits of this State. The expense thereof 
shall be a county charge and the board of county commission¬ 
ers shal' allow and pay the same out of the general fund of the 
county. 



571 


Sec. 6. Any and all sums paid under the provisions of this 
law whether for spraying, destruction of diseased plants or arti¬ 
cles, or for abatement of a nuisance, shall be and become a lien 
on the property and premises from which arose the cause of 
such procedure in pursuance of this act, and may be recovered 
by a suit in equity against such property or premises, which 
suit to foreclose such liens shall be brought in any court of com¬ 
petent jurisdiction in the county where the premises are situ¬ 
ated, by the county solicitor in the name and for the benefit of 
the county making such payment or payments. The proceed¬ 
ings in such cases shall be governed by the same rule as far as 
may be applicable, as suits to foreclose mechanics’ liens, and 
the property shall be sold under the order of the court and the 
proceeds applied in like manner. The county horticulturist is 
hereby invested with the power to cause such nuisance to be 
abated in a summary manner. 

Sec. 7. The said county horticulturist or his agents or em¬ 
ployees are hereby empowered with authority to enter upon any 
premises and to examine all plants and trees whatsoever in 
discharge of the duties herein prescribed. Any person, persons, 
firm or corporation who shall obstruct or hinder them or their 
agents in the discharge of their duty shall be deemed guilty of a 
misdemeanor. 

Sec. 8. The wages of the county horticulturists and their 
assistants shal be paid out of the treasuries of the counties 
where their work is performed in each case; but in case two or 
more counties wish to co-operate in the employment of one 
person to serve in the capacity of horticulturist in two or more 
counties, he shall reecive such salary from each county as that 
county’s assessed property valuation bears in proportion to the 
other county or counties. In each county jointly employing 
such horticulturist he shall be designated the county horticul¬ 
turist of that county. 

Sec. 9. It shal be unlaAvful for any person, firm or cor¬ 
poration to import or sell any infested or diseased fruit of any 
kind in the State of Alabama. 

Sec. 10. The State board of horticulture shall hear and 
promptly decide all appeals from the county horticulturists or 
their agents in this State, and its decisions shall have full force 
and effect until set aside by the courts of the State. All appeals 
from county horticulturists of their agents to the State board 
of horticulture, shall be under the form and regulations as 
prescribed by the State board of horticulture. 

Sec. 11. It shall hereafter be unlawful for any person, firm 
or corporation owning or operating any nursery, or fruit orch- 



572 


ards of any kind, to throw any cuttings or prunings of any 
fruit trees, nursery stock or ornamental trees, into any public 
road, highway, lane, field, or other enclosure, or into any water 
course of any kind; but shall destroy such cuttings or prunings 
with fire within three days from the time such cuttings or prun¬ 
ings are made. 

Sec. 12. Every person who packs or prepares for shipment 
to any point within the State, or who delivers or causes to be 
delivered to any express agent or railroad agent, or other per¬ 
son, or to any transportation company, or corporation, for ship¬ 
ment to any point without the State, any fruit or fruits, either 
fresh, cured or dried, that is infested with communicable in¬ 
sect pests or diseases injurious to trees, shrubs, plants, fruits, 
or vegetables, shall be deemed guilty of a misdemeanor. 

Sec. 13. Any person violating any of the provisions of this 
act shall be deemed guilty of a misdemeanor, and, upon convic¬ 
tion thereof, shall be punished by a fine of not less than ten 
dollars, nor more than five hundred dollars, or by imprisonment 
in the county jail not less than ten nor more than one hundred 
days, or by both such fine and imprisonment, at the discretion 
of the court. 

Sec. 14. It shall be the duty of the county horticulturist 
of the county in which a violation of this act occurs to present 
the evidence of the case to the county solicitor, whose duty it 
shall be to prosecute a person guilty of a violation of this act, 
which prosecution may be brought in any of the justice courts 
or courts of like jurisdiction of that county. 

Sec. 15. All laws or parts of laws in conflict with this act 
are hereby repealed. 

Sec. 16. This act shall take effect immediately upon its 
passage and approval by the Governor. 

Approved September 16, 1915. 


No. 503.) (H. 139—Welch. 

AN ACT 

For the relief of Rose Huey, clerk and register of the city court of Besse¬ 
mer, Jefferson county, Alabama. 

Section 1. Be it enacted by the Legislature of Alabama, 
That there shall be and there is hereby appropriated out of 
the treasury of the State of Alabama, out of money not other¬ 
wise appropriated, the sum of eight hundred, four and 13/100 



573 


dollars for the relief of Rose Huey, clerk and register of the 
city court of Bessemer, Jefferson county, Alabama, to reim¬ 
burse him in said sum for unclaimed witness fees be erroneously 
paid to the treasurer of Alabama, on the 19th day of October, 
1911, which sum he should have paid to the treasurer of Jeffer¬ 
son county, Alabama. 

2. Be it further enacted that the State auditor is hereby 
directed to draw his warrant for said sum on the treasurer of the 
State of Alabama in favor of said Rose Huey, clerk and register 
of said court. 

Approved September 18, 1915. 


No. 505.) 


AN ACT 


(H. 1449—Goode. 


To provide for the establishment, discontinuance, construction, use, working 
and maintenance of the public roads, bridges, and ferries of the several 
counties of this State; to define the duties and powers of the boards of 
revenue, courts of county commissioners, or other governing bodies of 
each of the several counties with regard to same; and to fix penalties 
for the violation of the rules, regulations and laws of the boards of rev¬ 
enue, courts of county commissioners or other like governing bodies of 
the several counties. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the courts of county commissioners, boards 
of revenue, or other like governing bodies of the several counties 
of this State are invested with a general superintendence of the 
public roads, bridges and ferries within their respective coun¬ 
ties, and may establish new, and change and discontinue old, 
roads, bridges and ferries of their respective counties so as to 
render travel over the same as safe and convenient as practica¬ 
ble. To this end they are given legislative, judicial and execu¬ 
tive powers, except as limited herein. Courts of county commis¬ 
sioners, boards of revenue or courts of like jurisdiction are 
courts of unlimited jurisdiction and powers as to the construc¬ 
tion, maintenance and improvement of the public roads, bridges 
and ferries in their respective counties, except as their jurisdic¬ 
tion or powers may be limited by the local or special statutes of 
the State. They may establish, promulgate and enforce rules 
and regulations, make and enter into such contracts as may be 
necessary, or as may be deemed necessary or advisable by such 
courts or boards, to build, construct, make, improve and main¬ 
tain a good system of public roads, bridges and ferries in their 



574 


respective counties, and regulate the use thereof; but no con¬ 
tract for the construction or repair of any public road, bridge 
or bridges shall be made where the payment of the contract 
price for such work shall extend over a period of more than ten 
years. Provided, however, that nothing in this act shall be con¬ 
strued to authorize the courts of county commissioners, boards 
of revenue, or other like governing bodies of the several counties 
to establish, promulgate or enforce any rules, regulations or laws 
which may be in conflict with a local or special law providing 
for the working, maintenance, change, discontinuance or im¬ 
provement of the public roads, bridges or ferries of such county, 
now in force or which may hereafter be enacted. 

Sec. 2. That it shall be unlawful for any person, firm or 
corporation to violate any rule, regulation or law which may be 
adopted or promulgated by the court of county commissioners, 
board of revenue, or like governing body of any county, under 
the authority conferred by this act, relating to the use, control, 
care, operation or maintenance of any such public road, bridge 
or ferry and any person, firm or corporation violating the same 
shall be deemed guilty of a misdemeanor, and upon conviction 
shall be fined not more than one hundred dollars and may also 
be sentenced to hard labor for the county for not more than 
thirty days, either or both, and each violation thereof shall con¬ 
stitute a separate offense. 

Sec. 3. That this act shall not be construed to repeal either 
in part or in whole any existing local or special law. 

Sec. 4. That the court of county commissioners, board of 
revenue, or other like governing body of any county of this State 
may transfer to the road fund of the county any surplus of gen¬ 
eral funds of the county in the county treasury, or any part of 
such surplus, whenever in the’ judgment of such court or board 
it will promote the interest of the county to make such transfer. 
Any surplus of general funds so transferred shall be used only 
for working of the public roads or the building of bridges or 
otherwise improving the public roads of such county. 

Sec. 5. That the boards of revenue, courts of county com¬ 
missioners, or other like governing bodies of the several counties 
of this State are hereby given the right of eminent domain for 
the purpose of establishing and changing of public roads, 
bridges and ferries in their respective counties. Provided that 
when an appeal is taken from any assessment in a condemna¬ 
tion proceeding brought by a county, such appeal shall not de¬ 
prive the county obtaining the judgment of condemnation of a 
right of entry for any and all purposes named in the condemna- 



575 


tion proceeding, provided the amount of damages assessed shall 
have been paid into court in money, and a bond shall have been 
given in not less than double the amount of damages assessed 
with good and sufficient sureties to be approved by the clerk of 
the court to which the appeal is taken conditioned to pay such 
damages as the owner of the property may sustain. 

Sec. 5All persons are liable to work on the public roads, 
except those exempted by section 6 of this act. 

Sec. 6. That all women, and all men under the age of eigh¬ 
teen and over the age of forty-five years; all persons who have 
lost an arm or a leg; and all persons who, by nature or disease, 
are rendered incapable of hard labor, who shall procure a cer¬ 
tificate of such incapacity from the county board of health, are 
exempt from working on public roads; but where there is no 
county board of health, the certificate of such incapacity from 
two reputable practicing physicians shall be sufficient. 

Sec. 7. That the right of way is granted to any person or 
corporation having the right to construct telegraph or telephone 
lines within this State to construct them along the margin of the 
right of way of public highways. Subject to removal or change 
by the court of county commissioners, board of revenue or other 
governing body of the county. 

Sec. 8. That any contractor employed by the court of coun¬ 
ty commissioners or board of revenue to construct or maintain 
or improve public roads, bridges, ferries, culverts, drains, etc., 
before entering upon the discharge of his duties or before receiv¬ 
ing any pay therefor, must execute bond payable to the county 
and to be approved by the probate judge, in an amount not less 
than the amount to be received by him for such work, condi¬ 
tioned for the faithful performance of his contract and dis¬ 
charge of his duties thereunder. Provided that the contract 
exceed fifty dollars. 

Sec. 9. That the convicts of any county or municipality 
may be worked upon the public roads, bridges or ferries of the 
county under the direction of the court of county commissioners 
or board of revenue, and said convicts may be worked in quar¬ 
ries, gravel pits or any plant used for the production of road 
materials, although said quarry, pit or plant may be located in 
another county; or said convicts may be hired to or from an¬ 
other county or from the State. 

Sec. 10. That convicts shall not be worked in squads or com¬ 
panies with other persons liable to road duty upon public roads, 
bridges, etc., for the county. That no woman convict shall be 
worked on the public roads. 



576 


Sec. 11. That no contract where the estimated cost of the 
work shall exceed two hundred and fifty dollars shall be made 
except after advertisement for thirty days, in some newspaper 
published in the county describing the character of the work to 
be done and the time and place of letting and then only to the 
lowest reasonable and responsible bidder for such work, who 
shall enter into bond in double the amount of such bid condi¬ 
tioned for the proper performance of said contract according to 
the plans and specifications and within the time prescribed by 
the order of the court or board for such work, which bond shall 
be approved by the judge of probate for said county. Provided, 
however, that where the estimated cost of the work exceeds 
twenty-five hundi’ed dollars, advertisement as above provided 
must also be made in a daily paper, published in this State, of at 
least five thousand daily circulation once a week for thirty days. 
Provided, however, that such court or board shall have the right 
to reject any or all bids. Provided, however, that in the event 
of the destruction of a bridge, or damage thereto, rendering the 
same impassable, or in any other emergency, the county commis¬ 
sioners, board of revenue, or other governing body may contract 
for the repair or rebuilding of such bridge without advertise¬ 
ment, if the public good requires it. 

Sec. 12. That the court of county commissioners or board 
of revenue or courts of like jurisdiction may accept a money 
compensation, to be fixed by them, not to exceed five dollars per 
capita per annum from those liable for road duty, in lieu of the 
labor required by law upon public roads and provide for the 
time of payment of the same. Said money to go into the road 
fund of said county and to be appropriated exclusively for the 
maintenance or improvement of the public roads of such county. 
Provided, however, that no person subject to road duty under 
this act shall be liable to work for more than ten days in any one 
year. 

Sec. 13. That the courts of county commissioners, boards 
of revenue or other governing bodies of the several counties 
may, for the purpose of maintaining the public roads, bridges 
and ferries of the county, impose upon the owners of vehicles 
which are used upon the public roads of the county such license 
taxes for each class of vehicles as may be deemed advisable by 
such court or boards. 

Sec. 13V2- The court of county commissioners or like gov¬ 
erning body of any county, with the consent or permission of 
the city council or governing body of any municipality, may 



577 


establish, construct and maintain any road, street or bridge 
within the corporate limits of such municipality. 

Sec. 14. That if any clause, provision or section of this act 
is declared unconstitutional it shall not invalidate or affect any 
other clause, provision or section which is not in and of itself 
uncon stitutional. 

Sec. 15. That nothing in this bill shall prohibit women con¬ 
victs from cooking and preparing meals for road crews, com¬ 
posed of convicts. 

Approved September 22, 19lo. 


No. 506.) 


AN ACT 


(H. 974—Brindley. 


To sections 6450>, as^amended by an act approved August 25th, 1909, 

and 6451, 6452, 6453, 6454, 6455, and 6456, as amended by an act ap- 
amended by an act approved August 25th, 1909, 6464, and 6465 as 
amended by an act approved August 25th, 1909, 6464, and 6455 as 

b^ma e fl907 an ^ appr0Ved Au ^ ust 25th > l" 9 * of the Code of Ala- 


Be it enacted by the Legislature of Alabama : 

Section 1. That section 6450 of the Code of Alabama be 
amended so as to read as follows: Section 6450: Juvenile 
Wards of the State Defined. Any child under sixteen years of 
age who violates any law of the State, or who violates any or¬ 
dinance of any municipality of this State, or who is incorriga- 
ble; or who knowingly associates with thieves, or gamblers; or 
who is growing up in idleness or crime; or knowingly visits or 
enters a house of ill fame; or who knowingly visits or patronizes 
any policy shop, bucket shop, pool room, billiard room, bar 
room, or club room, where liquors are kept or drunk, or served 
to members; or where any gaming table, or device for gambling 
is operated, or who loiters about any such places; or who habit¬ 
ually smokes cigarettes; or who wanders about the streets at 
night without being on any lawful business; or who habitually 
wanders about any railroad yards, or tracks, or jumps or hooks 
on to any moving engine or car; or unlawfully enters any engine 
or car; or who habitually uses any vile, obscene, profane, or 
indecent language; or is found in possession of any indecent, 
lascivious book, picture, print, card or paper; or who is in pos¬ 
session of any pistol, dirk, bowieknife, or metal knuckles; or 
is guilty of immoral conduct in any public place, or in or about 
any school house, or who engages in any occupation, calling, or 


19 GA 



578 


exhibition, or is found in any place for permitting which an 
adult may he punished by law; and generally, any child who so 
deports himself, or is in such conditions, or surroundings, 01 is 
under such improper, or insufficient guardianship, or conti o, 
as to endanger the morals, health, or general welfare of sue 
child, shall be deemed a ward of the State, and entitled to its 
care and protection; and the State shall exercise its right o 
guardianship and control over such child in the manner herein¬ 
after provided. „ ., , , 

Sec. 2. That section 64-51 of the Code of Alabama be 
amended so as to read as follows: Section 6451: Courts flay¬ 
ing Jurisdiction of Children, Wards of the State. The probate 
courts of the several counties of the State shall have original 
jurisdiction of all proceedings coming under the provisions ot 
this chapter, and in cities having recorder’s courts, with the pow¬ 
er to try misdemeanants against the laws of Alabama, in such 
cities such recorder’s courts shall have concurrent jurisdiction 
with said probate courts, of the cases of any such children who 
are arrested and brought before it charged with any such mis- 
demeanor, or with a violation of any ordinance of such ci y, 
and said probate, or recorder’s courts shall have full power 
and authority to issue all writs and other processes necessary or 
proper to the administration of such jurisdiction. Said courts 
shall have the power to determine the form and character at 
their records, and to devise and publish rules to regulate the 
proceeding's of all cases coming within the provisions of this 
chapter, and for the conduct of all probation and other officers 
of the courts in such cases; and such rules shall be enforced and 
construed beneficially for the remedial purposes embraced here¬ 
in The said courts may also devise, promulgate and cause to 
be printed for use of the public, and for use of the county or 
citv, such forms as may be found necessary and convenient tor 
cases coming under the provisions of this chapter. A l sue i ex¬ 
penses, and all expenses of maintenance and care ot wards ot 
the courts under detention that may be incurred by order of 
said courts in carrying out the provisions and intent of is 
chapter shall be a valid charge agaist said city or county, as the 


case may be 


Sec. 


That section 6452 of the Code of Alabama be amend¬ 
ed so as to read as follows: Section 6452: Issuance anil Ser¬ 
vice of Summons on Child and Parent. Any person having 
knowledge or information that a child residing in, or who is 
actually within said county, and who is within the provisions of 
this chapter, or who is subject to the jurisdiction of said court 



579 


under this chapter, may file with said probate court a sworn pe¬ 
tition, stating the facts that bring such child within said pro¬ 
visions, and this petition may be upon the information and be¬ 
lief of affiant. The style or title of the proceedings shall be 

.-County, Alabama, (inserting name of county), in 

the matter of.(inserting name of child), a child 

under sixteen years of age. The petition shall set forth the 
the name and residence of the child, and of the parents, if known 
to the petitioner, and shall give the name and residence of the 
person having the guardianship, custody, control or supervision 
of such child if same be known or can be ascertained by the 
petitioner, or the petition shall state that they are unknown, if 
that be the fact. Upon the filing of the petition with the court, 
the court or judge thereof shall forthwith, or after causing an 
examination to be made by an officer or other person, cause a 
summons to be issued, signed by the judge or clerk of said court, 
requiring the child to appear before the court, and the parents, 
guardian, or the person having the custody, control or super¬ 
vision of the child, or the person with whom the child may be 
found, to appear with the child at such time and place as may 
be stated in the summons, to show cause why the child should 
not be dealt with according to the provisions of this chapter. 
If it appears from the petition that the child is guilty of hav¬ 
ing violated any penal law of the State, or of any municipality 
of said county, for which it could be prosecuted, or that the 
child is in such condition that its welfare requires that its 
custody be immediately assumed, the court may endorse upon 
the summons a direction that the officer serving the same shall 
at once take said child into his custody. In the meantime, and 
before the trial, such child may be admitted to bail, or released 
into the custody of the judge of said cornet, the clerk of the 
court, or a probation officer, or into the custody of any person 
designated by the court; and if in discretion of the court it is 
deemed inexpedient to detain such child in such manner, and 
if in the judgment of the court, it is absolutely necessary, such 
child may be detained in jail in accordance with the provisions 
of section 6465 of this chapter. Service of such summons shall 
be made personally by delivering to and leaving with the per¬ 
son summoned a true copy thereof. When the person named in 
the summons, other than the child, is present in court, or is a 
non-resident of the county, or cannot be found, or when the 
case is in court by reason of the fact that said child has vio¬ 
lated some State or municipal law, service of summons on such 
other person named in the summons shall not be necessarv to 





580 


give the court jurisdiction. But if such other person be not 
present in court, and if for any of the reasons set forth above 
has not been served with summons, then the court must appoint 
a probation officer or some other person to act as guardian ad 
litem to represent the interest of such child, and such guardian 
ad litem shall be present at the hearing to represent said child. 
It shall be sufficient to confer jurisdiction after its service is 
effected, at any time before the time fixed in the summons for 
the return thereof, but the court shall not proceed with the 
hearing earlier than the next day after the date of service, if 
objection be made by the parties served, or a guardian ad litem 
representing the interest of the child. Proof of service may 
be made by the affidavit of the person who delivers a copy of 
said summons to the person summoned, if the summons be not 
served by an officer, but if served by a State, county, or munic¬ 
ipal officer, his returns shall be sufficient without oath other 
than his official oath already taken. The summons shall be 
considered a mandate of the court, and wilful failure to obey 
its requirements shall subject any person guilty thereof to 
liability to punishment as for a contempt of court. The sher¬ 
iff of said county shall serve all papers directed by the court or 
judge thereof to be served by him, and a suitable allowance shall 
be made to him by the county commissioners, or board of rev¬ 
enue of such county for his actual disbursements in effecting 
such service; but all papers, summonses, and processes, insued 
from said court in such proceedings, may be served by any per¬ 
son selected by the court or judge thereof for the purpose, and 
when engaged in serving such papers, such other persons shall 
have all the authority of a sheriff. 

Sec. 4. That section 6453 of the Code of Alabama be amend¬ 
ed so as to read as follows: Section 6453: Juvenile Courts; 
Practice and Rules of. Such probate courts, and such record¬ 
er’s courts, as have jurisdiction conferred upon them by this 
chapter, shall keep a separate docket for the trial of such cases, 
and shall enter its orders and decrees in such cases in a sepa¬ 
rate minute book; and the trial of all such cases shall be held 
at a different time from the hearing of other cases in said court; 
and in the discretion of the court no person shall be admitted to 
hear the trial of said cases except officers of the court, attorneys 
engaged in the trial, and the parents or guardian of such child, 
or person having the custody or control of such child; and said 
trial shall be so conducted as to disarm the fears of such child 
and win its respect and confidence. Upon the return of the 
summons, or at the time set for the hearing, the court shall pro- 



581 


ceed to hear and determine the case. The court may conduct 
the examination of the witnesses without the assistance of coun¬ 
sel, and may take testimony and inquire into the habits, sur¬ 
roundings, 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 com¬ 
mitment according to circumstances of the case as will con¬ 
serve the welfare of said child and purposes of this chapter. It 
is the intention of this chapter that in all proceedings coming 
under its provisions, the court shall proceed upon the theory 
that said child is a ward of the State and is subject to the dis¬ 
cipline, and entitled to the protection, which the court should 
give such child under the conditions disclosed in the case. 

Sec. 5. That section 6454 of the Code of Alabama be amend¬ 
ed so as to read as follows: Section 6454. Solicitors To‘As¬ 
sist Such Courts. The court may, in its discretion, call upon 
the solicitor of said county, or the solicitor of the judicial dis¬ 
trict m which said court is setting, or the city attorney of said 
city, as the case may be, to assist the court in any proceedings 
under this chapter, and said solicitor, or city attorney, as the 
case may be, shall represent the county or city, as the case may 
be, in all such cases as are appealed from said courts to other 
courts. And in every such case the court, may, in its discretion, 
appoint an attorney to represent the child. 

bee. 6. That section 6455 of the Code of Alabama be amend¬ 
ed so as to read as follows: Section 6455. Probation Officers • 
Duties and Compensation Of. The courts having jurisdiction 
of proceedings under this chapter may, either jointly or sepa¬ 
rately, appoint probation officers, who may be either men or 
women, who must be of good moral character, intelligent of 
blameless lives, and in sympathy with the aims and purposes of 
this chapter, who under the order of courts, shall have the 
oversight and care of such children as may be committed by 
said courts to their charge or supervision; and shall file a pe¬ 
tition in the said probate court in the case of any child coming 
under his notice who is in need of the State’s care and pro¬ 
tection; and shall also bring charges against any person who 
aids or encourages any child to violate any law, or any order 
of said courts. Said probation officers shall serve during the 
pleasure of the court, or courts appointing them, and shall be 
removable by the said court, or courts. When the probate court 



582 


shall appoint a probation officer, or officers, the commissioners 
court, or board of revenue, of said county, must pay such offi¬ 
cer or officers a reasonable salary to be fixed by agreement with 
said judge; and when the recorder’s court, shall appoint a pro¬ 
bation officer, or officers, the governing body of said city shall 
pay said officer, or officers, a reasonable salary to be fixed by 
agreement with said judge; when such courts shall jointly ap¬ 
point a probation officer or officers, the said authorities o sail 
city and countv shall jointly pay said officer, or officeis, a rea 
sonable salary'to be fixed by agreement with said court; such 
probation officers, when so appointed and qualified, shall iiave 
all the power and authority of peace officers any where in the 
State. The said courts, or either of them, shall also have the 
right and authority to appoint one or more volunteer proba¬ 
tion officers, who when so appointed and qualified, shall have 
and exercise all the power and authority vested in said proba¬ 


tion officers under this section. 

Sec 7. That section 6456 of the Code of Alabama be amen - 
ed so as to read as follows. Section 6456. Commitment of 
Children; Wards of the State. If the child have a home, it must 
be preferred, unless the character, or condition of the parents, 
guardian or person having control of the home of the child, 
is such as to forbid the keeping of the child in such home; and 
in this case the court may commit the child to the custody ol 
some suitable person, or home, and if the parents of the chi d 
have the means, they may be required to provide for the sup¬ 
port of the child under the orders of the coun; or h tue cmi- 
have an estate in the hands of a guardian, or trustee, the guar¬ 
dian or trustee must be required to pay for its support, so long 
as there are funds of the child in the possession, or control ot 
the guardian, or trustee. If the child have neither parents, who 
are liable to provide for it, nor estate sufficient for its mainte¬ 
nance, then the child may be committed to any home, or school 
or reformatory in this State that will receive and maintain the 
child. If the child is not committed to a home, school or refor¬ 
matory, it may be by said probate court under chapter 54 o 
the Code of Alabama of 1907, bound out as an apprentice; and 
if no master can be found for the child the court of the county 
commissioners, or board of revenue, of the county, of the resi¬ 
dence of the child, shall be required by the said probate court 
to pay for its reasonable and proper support, till a home on 
master can be found for the child, or till it is adjudged by the 
court to be able to make its own living Any final order or 
judgment made bv the court in the case of any such child shall 



583 


be subject to any modification, from time to time, as the court 
may consider to be for the welfare of such child; the duty being 
constant upon the court to give to all children subject to its ju¬ 
risdiction such oversight and control in the premises as will 
conduce to the welfare of said children, and to the best interest 
of the State. Provided, however, the said court commits any 
white boy to the Alabama Boy’s Industrial School, or any white 
girl to the Alabama Home of Refuge, or any white girl to the 
Mercy Home Industrial School, or any colored boy to the Alaba¬ 
ma Reform School for Juvenile Negro Law Breakers, said com¬ 
mitment shall be until said child is twenty-one years of age, 
or until he, or she, is released by the governing board of said in¬ 
stitution. The expenses of transporting said children to said 
institution, home or to any other custodial agency, shall be 
borne by said county, or city, as the case may be. Jurisdiction 
having once been obtained of any child shall continue during 
the minority of such child; and the policy of the court shall be 
as far as possible to exercise its supervisory care by retaining 
children in their own homes under the supervision of a proba¬ 
tion officer. In committing children to foster homes, it must 
be a home of the same race of such child, and such child must 
be received in said home as a member of the family and said 
family must agree to rear and educate such child as though a 
member of the family. 

Sec. 8. That section 6457 of the Code of Alabama be amend¬ 
ed so as to read as follows: Section 6457. Appeals. An ap¬ 
peal may be taken by any party aggrieved, from any final or¬ 
der or judgment of the court in the case of any such child, to 
any court of said county, having equity jurisdiction, within 
ten days after the entering of said order or judgment in said 
cause, but an appeal bond, may, in the discretion of the court 
be required, which said bond shall be payable to the county in 
which said court is located, and conditioned, for the child’s ap¬ 
pearance to answer such judgment as may be rendered on ap¬ 
peal, as well as to secure all the cost that may accrue on such 
appeal; and if such appeal be taken by a guardian ad litem ap¬ 
pointed for the child by said probate court, this court may, in 
its discretion, grant an order allowing said guardian ad litem 
the actual expense incurred on said appeal and the amount so 
allowed shall be a valid charge against said county when ap¬ 
proved by the judge of said court. An appeal with'or without 
the bond required in this act shall not suspend the judgment 
appealed from, nor shall it discharge the child from the custody 
of the court or the officer of the court, or the person into whose 



584 


care the court may place the child, if the judge of said court 
shall enter an order that to suspend said judgment would en¬ 
danger the welfare of said child. All appeals under this act 
shall take precedence over all other business of the court to 
which appeal is had. Upon said appeal, said equity court shall 
try said case, de novo, and shall proceed under and in pursuance 
of the terms of this act to render such judgment as the said pro¬ 
bate or recorder’s court should have rendered, for the welfare 
of such child. Upon the rendition of said judgment, said equity 
court shall cause to be filed with said probate or recorder’s 
court, a copy of its said judgment, which shall thereupon be¬ 
come the judgment of said probate or recorder’s court. In the 
event said equity court does not dismiss said petition, and does 
not discharge said child, said equity court shall remand said 
child to the jurisdiction of said probate or recorder’s court for 
its supervision and care, under the terms of said order ; and 
there after said child shall be and remain under the jurisdiction 
of said probate or recorder’s court in the same manner, as if 
said probate or recorder’s court had rendered said judgment in 
the first instance. 

Sec. 9. That section 6458 of the Code of Alabama be amend¬ 
ed so as to read as follows. Section 6458. Suspending Pro¬ 
ceedings and Remitting Child to Probate Court. Nothing in 
this article contained shall be so construed as to forbid the ar¬ 
rest with or without a warrant, of any child, as now or here¬ 
after may be provided by law, or as forbidding the issuance of 
warrants by magistrates as provided by law. Whenever a child 
under sixteen years of age is brought before a magistrate, or 
any court in said county other than said recorder’s court herein 
described, charged with any offense, such magistrate or court 
shall forthwith transfer such case to the probate court of said 
county by a suitable order. When any such child is brought 
before any recorder’s court, herein defined, charged with any 
such offense, such recorder’s court shall proceed with the trial 
of such child under the terms of this chapter. Pending the hear¬ 
ing of said case in said probate court, said magistrate, or court, 
mav by order admit such child to bail, or release said child into 
the" custody of its parents, guardian, probation officer, or any 
other suitable person, to appear before said probate court at a 
time designated in said order. But if the said magistrate or 
court does not so release said child, and if in the judgment of 
said court or magistrate, it is absolutely necessary in order 
to have said child appear before said probate court at the time 
designated in said order, the said court or magistrate may com- 




585 


mit said child to the county jail pending said hearing; hut in 
no case shall said child be confined in the same room with an 
adult prisoner. If at any time, said probate court is convinced 
that any child brought before it on summons or so transferred 
to its jurisdiction, cannot be reformed and brought to lead a 
correct life, said court may dismiss said petition and allow said 
child trial in a court of criminal jurisdiction, or order said 
child returned to the court in which the indictment, affidavit, 
or charge was pending, where upon the court to which said 
child is recommitted shall proceed to hear said cause as though 
no suspension had been entered in said case. And if at any 
time said recorder’s court is convinced that any child brought 
before it on any charge under this chapter, cannot be reformed 
and brought to lead a correct life, by the methods, and in pur¬ 
suance of the intent of this chapter said court may proceed 
against said child in the manner provided by law for the pun¬ 
ishment of adults for similar offenses. 

Sec. 10. That section 6460 of the Code of Alabama be amend¬ 
ed so as to read as follows: Section 6460. Causing Delinquen¬ 
cy of Children; Crime, Punishment For. Whenever in the 
course of any proceedings instituted under this act, or when 
in any other manner, it shall appear to the said probate, or to 
said recorder’s court that a parent, guardian, or person hav¬ 
ing the custody, control or supervision of any delinquent, neg¬ 
lected, or dependent child, or that any other person has know¬ 
ingly or willfully encouraged, aided, abetted, or caused or con¬ 
nived at such state of delinquency, neglect or dependency, or 
has knowingly or willfully done any act, or acts, to directly 
produce, promote or contribute to the conditions which render 
such child delinquent, neglected, or dependent, the said probate, 
or recorder’s court shall have jurisdiction in such matters, and 
shall cause such parent, guardian or other person, as the case 
may be, to be brought in upon either a summons or a warrant, 
affidavit, or probable cause having first been made, for such 
order in the premises as the court may see fit to make in accord¬ 
ance with this section. In case of the bringing of such person 
into court under the summons or warrant, above provided for, 
such accused person shall have the right to bail in such sum as 
may be named by the court, the same to be approved as to 
amount and sureties by the judge of said court; and indefault 
of said bail, the person so accused shall be committed to the 
county or city jail, as the case may be, there to await trial or 
other disposition of said cause by the court. The court shall 
have full power and authority to hear and determine such 



586 


charge so brought against such parent, guardian, or other per¬ 
son, and to determine the guilt, or innocence, of such accused 
person, parent, or guardian. And in the event that said parent, 
guardian, or other person shall be found guilty by the court, 
the court shall have the power to impose a fine of not more than 
one hundred dollars, and in addition thereto may impose a sen¬ 
tence to hard labor for the county, or city, as the case may be, 
for not more than six months, or to a term of imprisonment in 
the county, or city jail, as the case may be, for not more than 
six months. The judge of said probate, or recorder's court, 
shall have authority in his discretion, to suspend the payment 
of any fine, or the serving of any term of imprisonment, wheth¬ 
er in jail or at hard labor, and to place such accused person on 
probation, for such period of time, not to exceed six months, 
and upon such terms and conditions as to the said judge may 
seem proper; the judge of said court may, further, in his discre¬ 
tion, as part of the judgment, require such person to enter into 
a bond, with or without surety, in such terms as the court may 
direct, to comply with the orders of the court; and said judge 
shall have authority to revoke such suspension of said fine, or 
imprisonment, upon a violation by the probationer of the condi¬ 
tions, and terms, upon which such suspension was made. Such 
revocation by said judge shall immediately put into effect the 
original fine, or term of imprisonment, originally imposed. The 
defendant, if convicted, shall have the right to appeal to the 
next ensuing term of the circuit court of the county, where he 
may have a trial by jury. Pending said appeal, upon his en¬ 
tering into bond, with sufficient sureties, in such sum as the 
court may require, conditioned that he will appear at said cir¬ 
cuit court, until discharged by due course of law, he shall be 
released from custody. If the defendant fails to make the re¬ 
quired bond, he shall be confined in the county or city jail, as 
the case may be, till tried. Upon the taking of such appeal, the 
clerk of the said court shall at once certify to the clerk of the 
circuit court, of said county, all papers in the cause affecting 
the person so appealed, together with a transcript of all pro¬ 
ceedings had in said court, in said matter. The clerk of the 
said circuit court of said county shall set all cases appealed 
from this court as preferred cases in said circuit court, to the 
end that said cases may have a speedy hearing in said circuit 
court. Upon said appeal, said circuit court shall try said case 
de novo and shall proceed, under and in pursuance of the terms 
of this act, to render such judgment as said probate court or re¬ 
corder’s court should have rendered. If, upon the rendition of 



587 


its said judgment, the said circuit court shall suspend the pay¬ 
ment. of any tine, or the serving of any term of imprisonment, 
whether in jail or at hard labor, and place such convicted per¬ 
son upon probation, under the terms of this section. Said cir¬ 
cuit court shall cause to be filed with said probate, or recorder’s 
court, as the case may be, a copy of its said judgment, which 
shall thereupon become the judgment of said probate, or re¬ 
corder’s court, as the case may be, in said case; and upon the 
rendition by said circuit court of such suspended sentence, 
said circuit court shall remand said convicted person to the 
jurisdiction of of said probate, or police or recorder’s court, as 
the case may be, for its supervision and care, under the terms 
of said judgment; and thereafter said convicted person shall 
be and remain under the jurisdiction of said probate, police or 
recorder’s court, as the case may be, in the same manner as if 
said probate court or said recorder’s court, had rendered said 
judgment in the first instance. 

Sec. 11. That section 6461 of the Code of Alabama be 
amended so as to read as follows: Section 6461. Disobeying 
Orders of Court; Punishment For. Any person who knowing¬ 
ly disregards, or fails to obey, any order made by the judge of 
said probate, or recorder’s court, under the provisions of this 
chapter, shall be deemed guilty of contempt of court and pun¬ 
ished as for other contempts of court. 

* Sec. 12. That section 6462 of the Code of Alabama be 
amended so as to read as follows: Section 6462. Obstructing 
Officers in Performance of Duties. Any person who knowingly 
interferes with, or opposes, or obstructs, any probation officer 
in the performance of his, or her, duties under this chapter, or 
who knowingly makes any false statement to the court, or to 
the probation officer, about any matter, or person, about which 
he or she is making inquiry under the terms of this chapter, 
shall be guilty of contempt of court. 

Sec. 13. That section 6463 of the Code of Alabama be 
amended so as to read as follows: Section 6463. Appointment 
of Advisory Board. The judges of said probate, or recorder’s 
court shall, jointly within thirty days after the passage of this 
act appoint a board of not less than ten or more than fifteen, 
citizens of said county, known for their interest in the wel¬ 
fare of the dependent, neglected and delinquent children of said 
county, who shall serve without compensation, to be called the 

advisory board of the juvenile courts of. 

county (here inserting name of county). At the time of the 
appointment of said board, said judges shall designate as the 




588 


officers of said board from the persons, so appointed, a presi¬ 
dent, a vice-president, and a secretary and treasurer. Said 
board shall hold office during the pleasure of the court, or the 
judge thereof. Women shall be eligible to appointment on said 
board. The duties of the board shall be as follows: (1) To 

advise and co-operate with the judges of said courts, in the ap¬ 
pointment of probation officers, and in fixing and regulating the 
amount of the salaries to be paid said officers; and if it be found 
inadvisable to appoint said probation officers, to secure for 
the said courts the services of volunteer probation officers, un¬ 
til such time as paid probation officers are appointed; and to 
advise and co-operate with the courts upon all other matters, 
affecting the workings of this chapter; and to recommend to 
the courts any and all needful measures for the purpose of 
carrying out the provisions and intent of this chapter. (2) To 
visit as often as they conveniently can, all institutions, or as¬ 
sociations, receiving children under this chapter, and to report 
to the courts, form time to time, the condition and surround¬ 
ings of the children received by, or in charge of, any such per¬ 
sons, institutions, or associations. (3) To make themselves 
familiar with the work of the courts under this chapter, and to 
make an annual report to the public of the work of said courts. 

Sec. 14. That section 6464 of the Code of Alabama be 
amended so as to read as follows: Section 6464. Confessions, 
Admissions, Etc., of Children not Admissable as Evidence 
Against Them. The statements, declarations, confessions, or 
admissions of any kind, made by a child under sixteen years of 
age, to any person, officer, or the court; or the manner, or de¬ 
meanor, or silence, of such child, when questioned or accused, or 
any statements made by any person, officer, or the court, shall 
never be legal or competent evidence against the child in any 
court or proceedings whatever, nor shall the same ever be ad¬ 
mitted by any other court, in any proceedings against the child. 
No adjudication under the provisions of this act shall operate 
as a disqualification of the child, for any office under any state 
or municipal civil service; and such child shall not be denomi¬ 
nated a criminal by reason of any such adjudication, nor shall 
such adjudication be denominated a conviction. 

Sec. 15. That section 6465 of the Code of Alabama be 
amended so as to read as follows: Section 6465. When Child 
May Be Committed to Jaih Whenever a child is arrested for 
the violation of any law, or is taken into custody under the 
terms of this chapter, such child, if it be absolutely necessary 
in order that said child be produced in court at the time set for 



589 


the hearing of said cause, may be placed in jail for safe keeping 
until the time of said hearing; but in no case shall such child 
be confined in the same room with an adult prisoner. 

Sec. 16. This act shall take effect immediately upon its pas¬ 
sage. 

Approved September 16, 1915. 


No. 511.) (S. 744—Judge. 

AN ACT 

To relieve all persons, other than county convicts, of any obligations to work 
on the public roads or to pay any penalties in default thereof, in coun¬ 
ties of the State of Alabama whose aggregate tax values according to 
the complete assessments of the preceding year amount to as much as 
one hundred million dollars. 

Be it enacted by the Legislature of Alabama > as follows: 

Section 1. In all counties in the State of Alabama whose 
aggregate tax values, according to the complete tax assessments 
of the preceding year, now or hereafter, amount to as much as 
one hundred million dollars, all persons shall he relieved of 
any legal obligation to work on the public roads or to pay any 
penalty in default thereof. 

Sec. 2. All general and local laws in conflict with the pro¬ 
visions of this act be, and the same hereby are, repealed. 

Sec. 3. Nothing herein contained shall prevent or inter¬ 
fere with the working of county convicts on the public roads 
of the counties herein described. 

Approved September 16, 1915. 


No. 512.) (S. 742—Kline. 

AN ACT 

To pay the expenses of sheriffs for the arrest of defendants with contra¬ 
band or prohibited liquors and beverages. 

Be it enacted by the Legislature of Alabama : 

That when a sheriff captures or arrests a defendant, with 
contraband or prohibited liquors or beverages, either with or 
without a warrant, there shall be taxed in his favor against the 
defendant on conviction, in addition to any other fees and 
charges now allowed by law, ten cents per mile each way, from 



590 


the court house to the place of arrest, and all expenses for the 
transportation of the contraband or prohibited liquors and bev¬ 
erages from the place of arrest to the court house. 

Approved September 16, 1915. 


Ko * 518 -) (S. 531—Lee. 

AN ACT 

To amend section 7796 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

1. That section 7796 of the Code of Alabama be and the 
same is hereby amended so as to read as follows: 7796. Solic¬ 
itor must report fees within ten days after adjournment of 
court. It is the duty of each solicitor who is paid a salary by 
the State, within ten days after the adjournment of any term 
of the court for which he is solicitor, to make and deliver to the 
clerk of such court and forward to the State auditor, each, a 
certified statement showing the number and names of the per¬ 
sons convicted at such term of the court, the character of the 
offenses charged, the date of the sentence, and the amount of 
the solicitor’s fee in each case. For any failure on the part of 
any solicitor to perform the duty required by this section, he 
shall forfeit to the State the sum of one hundred dollars to be 
recovered by the attorney general on motion after ten days’ 
notice in the circuit court of Montgomery county in the name of 
the State. 

Approved September 16, 1915. 


No. 519.) (S. 530—Lee. 

AN ACT 

To provide for and regulate the making of monthly reports by clerks and 
registers of circuit courts, chancery courts, and courts of like jurisdic¬ 
tion, to the judges and chancellors of such courts, and the chief justice 
of the Supreme Court; and to provide penalties for failure to comply 
with the terms of this act. 

Be it enacted by the Legislature of Alabama: 

1. That within the first three days of each month the clerk 
and register of every circuit court, chancery court and court 
of like jurisdiction shall make out and certify report in tripli- 



591 


cate showing the cases pending in his court as follows: 1. The 
number of civil cases to be tried without a jury. 2. The liumbei 
of civil cases to be tried with a jury. 3. The number of equity 
cases. 4. The number of criminal cases charging capital of¬ 
fenses. 5. The number of criminal cases charging other felo¬ 
nies. 6. The number of criminal cases charging misdemeanors. 
7. The number of prisoners confined in jail. 

2. That immediately after making out this report he shall 
pend a copy thereof to‘the chief justice, and one copy to the 
judge or chancellor of the court and one he shall keep on n e 

in his office. . 

3. That for any failure of a clerk or register to perform 

any of the duties prescribed by this act, he shall forfeit one 
hundred dollars to the State to be recovered on motion of the 
solicitor of any court of record of the county of such clerk oi 
register in the court of which he is solicitor in the name of the 
State; such clerk or register to have three days notice* of such 
motion. 

Approved September 16, 1915. 


No. 520.) 


AN ACT 


(S. 556—Lusk. 


To define the right of action of an assignee of a judgment or decree of a 

court of record. 

Be it enacted by the Legislature of Alabama: 

1 That in all cases where a transfer of a judgment or de¬ 
cree of a court of record in this State is made or endorsed on 
the execution docket or on the margin of the record of th ^ U(1 S„ 
ment or decree in the court where rendered or in the office o 
the probate judge where a certificate of the judgment is record¬ 
ed and which transfer is attested by the clerk, register or judge 
of probate, the assignee of such judgment in addition to the 
rights conferred upon him by section 4152 of the Code o - 
bama may maintain any suit thereon, or proceeding to remem 
his own name, that the plaintiff in said judgment or decree 
could maintain if such transfer had not been made whether the 
plaintiff be living or dead. That when the transfer is made by 
any agent or attorney the authority of the agent or the power of 
attorney shall be in writing duly acknowledged and recorded in 
the office of the probate judge and referred to in such trans 



592 


fer by noting the book and page where recorded. After such 
transfer the original plaintiff shall have no further authority 
or control over such judgment. 

Approved September 16, 1915. 


No - 521 -) (S. 544—Lusk. 

AN ACT 

To further define the power and authority of the chief justice of the Su- 
prem e Court and to confer authority upon him to order and direct the 
holding of circuit courts by the judges and solicitors thereof in their 
own and other circuits and the supernumerary judge, and to jjrovide 
clerical assistance for the chief justice and to prescribe the manner of 
exercising the power and authority hereby conferred. 

Be it enacted by the Legislature of Alabama : 

1. That the chief justice shall have a clerk or secretary 
who shall peform such duties as may be required of him hv the 
chief justice and be paid an annual salary of twelve hundred 
dollars payable monthly out of the State treasury on warrants 
of the State auditor as other officers or employees are paid on 
the certificate of the chief justice. 

2. That it shall be the duty of the chief justice to have the 
reports and information supplied to his office as provided by 
law, tabulated and compiled so as to furnish information as 
to the administration of justice, the workings and operation 
of the courts, the amount of business pending, performed or dis¬ 
patched in the several courts of the State and which shall be 
tabulated by counties and circuits showing the work done by 
each circuit judge by circuits and counties for each year. 

3. The chief justice shall have authority and it shall be his 
duty to see that the business of the several courts of the counties 
is attended to with proper dispatch, and that the cases, civil 
and criminal, are not permitted or suffered to become congested 
or delayed, and he shall take care that prisoners are not allowed 
to remain in the jails without a prompt trial. 

4. Whenever in the opinion of the chief justice the business 
in any of the courts is being delayed, or is unnecessarily con¬ 
gested, or unnecessarily accumulated it shall be his duty to 
order adjourned or special terms of court or the calling of the 
dockets of the cases for trial by sending a Avritten order to the 
clerk of the court of the county where ordered, which order 
shall be spread upon the minutes of the court as a part of the 
organization thereof, and he shall also have power and authority 



593 


to direct the supernumerary judge or the judge of any circuit 
at any time to call or order an adjourned or special term of the 
court for any county in the circuit of any such judge for the 
trial of county cases, and all cases, civil or criminal, one. or all, 
and it shall thereupon be the duty of such supernumerary judge, 
or circuit judge, to immediately make such orders and issue 
such process and notice as shall be necessary for the calling, 
convening and holding of such terms of court according to law. 
That if either the judge or solicitor of the court shall be unable 
to attend said court he shall notify the chief justice and the 
chief justice shall designate some other judge or solicitor, as 
the case may be, not then engaged in holding court elsewhere 
to attend and hold said court or discharge the duties of solicitor 
or judge, as the case may be. 

5. That the chief justice shall have power and authority and 
it shall be his duty to direct and order in the same manner the 
attendance of any solicitor upon any regular, adjourned or 
special term of the court for the prosecution of any criminal case 
or the prosecution or defense in any case in which the State 
or any county thereof is interested at any regular, adjourned or 
special term of court or to attend upon any preliminary trial 
or application for bail or habeas corpus either in or out of his 
circuit. 

6. That when any circuit judge or solicitor is ordered by 
telephone, telegraph or in writing by the chief justice to attend 
and hold or assist in holding any regular, adjourned or special 
term of court out of the county for which he shall have been 
elected such judge or solicitor shall be entitled to his actual 
expenses in traveling to and attending such court and returning 
home not to exceed his actual expenses for transportation and 
two dollars per day for hotel bills to be rendered in an itemized 
account within ten days after his return home, sworn to and 
returned to the chief justice’s office in Montgomery and when 
approved by him the auditor shall draw a warrant in favor of 
such judge or solicitor for such amount as thus approved. 

7. That whenever in the opinion or judgment of the chief 
justice the public good requires more judges than are regularly 
provided by law for the holding or attending the courts in any 
county in this State he may order one or more judges living 
out of such circuit to attend and hold or assist in holding such 
court. 

8. That in so holding or assisting in holding such court no 
two judges shall try cases in the same room at the same time, 
but such court may be held in separate divisions and it shall be 



594 


the duty of the sheriff and court of county commissioners or 
board of revenue of such county wherein such court is ordered 
to be held, to provide rooms for the accommodation of holding 
such court by such judge and.said courts or divisions of court 
may be held in any part of the court house, or in buildings near 
by the court house as fully and lawfully as if held in the court 
room regularly provided for holding such court. 

9. That the chief justice shall have authority and is hereby 
directed to order and direct as nearly as practicable the holding 
of circuit courts by the several circuit judges of the State at 
least one month of each year in other circuits than the one for 
which they are elected, it being the intent and purpose of this 
act to require the several circuit judges of the State to rotate 
in the holding of their courts under the direction of the chief 
justice. 

10. That for any failure of a judge to order such special 
term of court or to attend any such court after having called the 
same or having been notified by the chief justice to attend and 
to perform any of the duties required of him by this act without 
a lawful excuse being sick himself, or sickness in his family, or 
being engaged in holding court elsewhere, or being lawfully ab¬ 
sent from the State, he shall forfeit one hundred dollars to the 
State to be recovered in the circuit court of Montgomery county 
on motion of the attorney general in the name of the State on 
ten days notice. 

11. That any solicitor who fails, without sufficient excuse, 
to perform any of the duties required of him under this act 
shall forfeit to the State of Alabama one hundred dollars to be 
recovered by the attorney general on motion in the circuit 
court of Montgomery county on ten days notice. 

12. That if any section, clause or provision of this act 
shall be declared to be unconstitutional it shall not be held to 
affect any other section, clause or provision, but the same shall 
remain in full force and effect. 

Approved September 18, 1915. 


A T o 522 ) (S. 503—Milner. 

AN ACT 

To aipend sections 5997, 5998, 5999, and 6006 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

1. That section 5997 of the Code be amended so as to read: 
5997. The reporter is entitled to receive a salary of thirty-six 



595 


hundred dollars a year, in monthly installments to be paid as 
the salaries of other State officers are paid, and that sum is 
hereby appropriated annually therefor, which salary shall be in 
full for all services rendered, both as reporter of the deci¬ 
sions of the Supreme Court and Court of Appeals. 

2. That section 5998 of the Code be amended so as to 
read: 5998. The opinions of the Supreme Court must be pub¬ 
lished within three months after the determination of the cause 
in which an opinion is delivered, unless longer time is necessary 
to accumulate a sufficient number of opinions to make a volume 
of reports. 

3. That section 5999 of the Code be amended so as to read : 
5999. The justices of the Supreme Court shall not be required 
to write opinions in cases where the decisions merely reaffirm 
previous decisions, or relate to questions of fact only, or when 
the cases decided would, in their opinion, serve no useful pur¬ 
pose as precedents, and they must direct what decisions deliv¬ 
ered by them shall be published; but the title of every case de¬ 
cided by the court, and not reported in full, shall be published 
in the reports with brief notes of the points decided and with 
reference to the authorities. The report must contain the name 
of the judge before whom the case.was tried, the names of the 
attorneys for appellant and appellee, and the name of the 
justice who wrote the opinion and of those concurring, and shall 
not contain a table of cases cited in that volume nor the briefs 
of counsel. 

4. That section 6006 of the Code be amended so as to read : 
6006. Fifteen hundred copies of every volume of the reports of 
the decisions of the Supreme Court shall be printed and bound 
under the direction and control of the chief justice and reporter 
of the Supreme court, in volumes of not less than seven hundred 
and twenty pages, nor more than eight hundred pages, exclusive 
of the title page, table of cases and the index. In publishing 
the report of every case there shall be printed immediately 
under the title of the case a brief statement of the character of 
the case, as: “Bill to quiet title ,” “ejectment,” etc., and imme¬ 
diately under this line there shall be printed the date when the 
case was submitted, and when decided, and if a rehearing was 
applied for, the date when the rehearing was granted or denied. 
In citing Alabama cases the citation must when practicable be 
to the volume and page of the official edition of the Supreme 
Court reports, or reports of the cases decided by the Court of 
Appeals. The sections shall not have more than thirty-two 
pages and be hand sewed to two strong tapes or hands. Every 



596 


volume must be printed on white paper, weighing forty-five 
pounds to the ream, the same quality and finish as that used in 
volume one hundred and eighty-four (184) of Alabama Supreme 
Court Reports and the head notes must be printed in six point 
type solid of the same width as the body of the opinion num¬ 
bered to correspond with the parts of the opinion to which they 
relate, which must be printed in ten point type solid, twenty- 
six picas wide and not less than fifty lines on a page. Every 
copy shall have three labels of the same size type, and figures 
and arranged like those on volume one hundred and eighty- 
four (184) of the Supreme Court of Alabama Reports. Five 
hundred copies of every volume shall be bound in law sheep 
of the same quality as that on volume one hundred and eighty- 
four (184) of Alabama reports and be of the same size page, 
to be sold to those who desire that kind of binding; nine hun¬ 
dred and fifty copies shall be bound in the best quality American 
buckram of the color and as good a quality as that on the 
Acts of North Carolina, 1914, and the sheets for fifty copies 
shall remain unbound and not sold to supply the place of defec¬ 
tive copies rejected by the reporter who must inspect every 
copy of every volume before he reports to the chief justice, in 
writing that they are acceptable, and must reject every copy that 
is in any way defective, or that does not come up to the specifi¬ 
cations prescribed by law. All the bound copies shall be deliv¬ 
ered to the secretary of State after they have been accepted by 
the chief justice in writing, but the publishers may contract to 
distribute all copies to be distributed under law and all other 
bound copies must be delivered to the secretary of State with an 
affidavit of the publishers that they have delivered to the secre¬ 
tary of State all bound copies and they will not sell, or bind 
for sale, any of the unbound sheets. 

5. The clerk of the Supreme Court or Court of Appeals 
may furnish a copy of any opinion of their respective courts to 
any one desiring it upon the payment of ten cents a hundred 
words thereof, which fee must be paid by him into the State 
treasury. 

6. That if any section, clause or provision of this act shall 
be declared to be unconstitutional it shall not be held to affect 
any other section, clause or provision, but the same shall remain 
in full force and effect. 

Approved September 18, 1915. 



597 


No. 523.) (S. 497—Milner. 

AN ACT 

To amend section 5326 of the Code. 

Be it enacted by the Legislature of Alabama: 

1. That section 5326 of the Code be amended so as to read 
as follows: 5326. Profert dispensed with; Notice to Produce. 
No profert of a written instrument is required in pleading, but, 
at any time previous to the trial, the defendant may have in¬ 
spection of the instrument sued on, upon notice to the attor¬ 
ney of the party; or when an account is the foundation of the 
suit, a list of the items composing it, and whenever the defend¬ 
ant pleads a set-off, the plaintiff may likewise have an inspec¬ 
tion of the instrument relied on, or when an account is relied 
on as a set-off, a list of the items composing the account. 

Approved September 16, 1915. 


No. 524.) (S. 495—Milner. 

AN ACT 

To amend section 4023 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 4023 of the Code of Alabama be 
and is hereby amended so as to read as follows: 

4023. Warrants, Attachments, or Other Process Issued 
During Term Time, How and Where Executed. The sheriff, or 
his deputy, or any person specially deputed by a court of record, 
may execute all warrants of arrest, attachments, subpoenas, etc., 
for witnesses, or any other process issued by a court of record, 
during term time and within three days before trial which are 
to be executed during term time, in any adjoining county to 
that county in which such court is then in session. The sheriff, 
or the deputy of the sheriff, or person specially deputed may 
act upon a copy of such warrant, attachment or subpoena given 
him over a telephone or by telegraph by the sheriff or clerk of 
the court. 

Approved September 16, 1915. 



598 


No. 525.) (S. 499—Milner. 

AN ACT 

To provide that certain motions in cases at law shall become a part of the 
record; and to dispense with the reserving of exceptions to rulings 
thereon. 

Be it enacted by the Legislature of Alabama: 

Section 1. That all motions which are made in writing in 
any circuit court or any court of like jurisdiction in any cause 
or proceeding at law, shall, upon an appeal become a\part of the 
record; and the ruling of the court thereon shall also be made a 
part of the record, and it shall not be necessary for an exception 
to be reserved to any ruling of the court upon any such motion. 
Approved September 18, 1915. 


No. 527.) (S. 538—Lusk. 

AN ACT 

To confer upon the circuit courts of the State the jurisdiction of the chan¬ 
cery courts and to prescribe the manner of exercising the same. 

Be it enacted by the Legislature of Alabama : 

1. That there is hereby conferred on the circuit courts of 
this State jurisdiction of all matters of equity concurrent with 
the chancery courts. That the jurisdiction in matters of equity 
hereby conferred upon the circuit court shall be exercised and 
enforced by said courts and the judges thereof in the same man¬ 
ner and by the same procedure as is now or may be hereafter 
provided by law as to pleading, procedure and practice for 
courts of equity or chancery. 

Approved September 16, 1915. 


No. 528.) (S. 493—Milner. 

AN ACT 

To amend section 3662 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

1. That section 3662 of the Code of Alabama be and the 
same is hereby amended so as to read as follows: 3662. Costs 



599 


given to successful party or apportioned at discretion of court. 
The successful party in all civil actions is entitled to full costs 
for which judgment must be rendered, unless in cases othei*w T ise 
directed by law, or by the judgment of the court. The court 
may apportion the costs at his discretion as justice and equity 
may require; and this provision is applicable in all cases in 
which the State is a party plaintiff in civil actions as in cases 
of individual suitors. And in all cases where costs are ad 
judged against any party who has given security for costs, ex¬ 
ecution may be ordered to issue against such security, provided 
that this act shall not apply to justice of the peace courts, but 
that in such courts, the successful party shall recover his costs. 

Approved September 16, 1915. 


No. 529.) (S. 325—Brown. 

AN ACT 

To impose a license or privilege tax of one dollar a year on each dog in the 
State of Alabama, over four months of age, and to provide for the col- 
lection of such tax and to provide that all livestocks killed by any dog 
and all damages done thereto shall be paid for out of the dog tax fund, 
and to provide for the distribution of the surplus left in the dog tax 
fund on the first day of March of each year. 

Be it enacted by the Legislature of Alabama 

Section 1. Each and every dog over four months old shall 
be listed for taxation as herein provided either hv the owner 
or by the tax assessor in the name of its owner without affixing 
any valuation thereto; but the owner may if he so desires affix 
any value thereto he wishes. Every person who keeps or har¬ 
bors a dog, or who knowingly permits the keeping or harboring 
of a dog upon his premises shall for the purpose of listing and 
taxation be deemed the owner thereof, and the tax assesor shall 
ascertain the owner or harborer of each dog within his county 
and list and return the same for taxation. The auditor shall 
provide blank spaces in the tax assessor’s books and the assessor 
in listing shall enter the description upon the schedule stating 
the sex, age, color, size, breed and name, if any, of the dogs so 
listed. 

Sec. 2. The owner of every male dog over four months of 
age shall pay a license or privilege tax thereon of one dollar, 
and of every female dog of such age one dollar. The first assess¬ 
ment under this act shall be made in the year 1915, between the 
first day of October and the 31st day of December. Said license 



600 


or privilege tax shall be due and collectible as other taxes and 
collected by the tax collector and paid to the county treasurer, 
or the custodian of State or county funds. The treasurer or 
custodian of said funds shall keep such license or privilege tax 
on dogs separate from other funds. The amount collected by 
said license or privilege tax on dogs shall be used to indemnify 
losses by the killing or injuring of sheep or other live stock by 
dogs as herein provided. Provided that this act shall not apply 
to dogs in municipal corporations which imposes tag tax of at 
least one dollar per head on such dogs. 

3. Whenever any sheep or other live stock are killed or 
injured by dogs, the owner or person having custody of the 
same shall within twenty-four hours after such killing or injury 
is made known to him, notify the justice of the peace in whose 
district the sheep or other live stock are, or were, and make affi¬ 
davits setting forth the number of sheep or other live stock 
killed or injured, the kind, grade or quality thereof and the 
amount and nature of injury thereto and that he does not know 
whose dog caused the damages, if such be the fact, or if known 
that the amount of such loss if reduced to judgment, could not 
be collected on execution against the owner of such dog if such 
be the fact. The justice of the peace shall then appoint two 
disinterested free holders of the neighborhood where the injury 
was done to appraise the damages and shall furnish them with 
claimant’s affidavit, or a copy thereof, and the appraisers shall 
forthwith examine such sheep or other live stocks and make a 
written report on the claim to the justice of the peace who 
shall forthwith forward the claimant’s affidavits and the ap¬ 
praisers’ report to judge of probate or to the clerk of the board 
of revenue who shall file same in his office and endorse thereon 
the date of such filing. The justice of the peace and each of 
the appraisers shall be allowed fifty cents for their services to 
be paid out of the dog tax fund of the county as other claims 
against said fund. At each meeting of the court of county com¬ 
missioners or board of revenue the claim for loss or damage to 
sheep or other live stock which has been filed not less than ten 
days prior to said meeting shall be taken up and considered and 
rejected, or, if correct and just, shall allow the same or such 
parts thereof as may be deemed right. Provided, the court of 
county commissioners or board of revenue may require addi¬ 
tional evidence on such claims either by oral testimony or 
affidavits. Such claims as are allowed shall be filed with the 
county treasurer or custodian of the county funds, who shall 
after the first day of March of each year draw his warrant in 



601 


favor of the claimant for the amount allowed by the court of 
county commissioners or board of revenue. Provided, if the 
amount in the dog tax fund be not sufficient to pay all claims, 
the treasurer or custodian of the county funds shall prorate the 
same. That if there is any surplus, after paying for the killing 
or injuring animals, it shall be applied by the probate judge 
to the payment of the travelling expenses and board of any 
person who has to attend the Pasteur Institute in Montgomery 
for treatment by reason of having been bitten by a mad dog and 
who are unable to pay for these expenses. Any surplus of said 
fund remaining to the credit of the county after all such claims 
are allowed shall be transferred as to one-half thereof to the 
credit of the State of Alabama to be deposited in the State 
treasury and the remaining one-half of said surplus so remain¬ 
ing to the credit of the county for the public school fund. 

Sec. 4. Every person owning or harboring a dog shall be 
liable to the party injured for all damages done by such dog, 
but no recovery shall be had for the personal injuries to any 
person, when they are upon the premises of the owner of the 
dog after night; or upon the owners’ premises engaged in any 
unlawful acts in day time. Whenever recovery is had 
before any court for damages to sheep or other live stock by 
dogs the court may order the defendant or any constable in said 
county to kill or cause to be killed, such dog within two days 
after the rendition of the judgment. 

Sec. 5. Any dog upon which tax herein provided is paid 
when due shairbe regarded as property, and shall be entitled 
to the same protection as live stock. The owner of any dog upon 
which such tax is paid which may be injured or killed contrary 
to law or carried or enticed away from the premises of the 
owner, or harbored for the purpose of unlawful killing or injur¬ 
ing such dog or depriving the owner thereof of his ownership 
may recover exemplary damages of the person for so killing, 
injuring or enticing away such dog. Any person violating the 
provisions of this section shall be liable to prosecution as in 
case of injuring live stock or other personal property of another. 

Sec. 6. Any person who shall keep and harbor a dog upon 
his premises or elsewhere and who fails or refuses to pay the 
license or privilege tax thereon when due, shall be fined not 
exceeding five dollars for each offense and upon conviction the 
judgment may include an order requiring such dog to be killed, 
which order may be executed by any peace officer who Tshall be 
allowed one doliar therefor to be taxed as costs. It shall be the 
duty of the sheriff and his deputies and each constable in his 



602 


district to kill or cause to be killed any dog, the owner of which 
has failed or refused to pay the license or privilege tax thereon 
when due and for each dog so killed without the order of the 
court, such officer shall be allowed by the court of county com¬ 
missioners or board of revenue fifty cents to be paid out of the 
dog tax fund. 

Sec. 7. This act shall take effect immediately upon its ap¬ 
proval by the Governor. 

Approved September 18, 1915. 


No. 530.) 


AN ACT 


(S. 507— Milner. 


To prescribe the notice, time and procedure for holding elections on pro¬ 
posed amendments to the constitution. 

Be it enacted by the Legislature of Alabama: 

1. That whenever the Legislature shall propose au amend¬ 
ment to the Constitution in accordance with section 284 of the 
Constitution the proposed amendment shall be submitted to an 
election by the qualified electors of the State to be held at the 
general election next succeeding the session of the Legislature 
at which an amendment is proposed, unless the Legislature in 
the resolution proposing the amendment, or by an independent 
act shall order such election to be held upon another day. 

2. Notice of such election, together with the proposed 
amendment, shall be given by proclamation of the Governor, 
and if there is more than one amendment to be voted upon on 
the same day they shall all be included in one proclamation and 
notice, and shall be published in every county for at least eight 
consecutive weeks next preceding the day appointed for such 
special election, in the following manner: The proclamation of 
the Governor containing the proposed amendment or amend¬ 
ments shall be printed on good strong paper or cloth and be 
posted up near every voting place and one other public place in 
every precinct in every county by the sheriff of the county at 
least sixty days before the election. 

3. That in addition to the notice of posters for eight suc¬ 
cessive weeks as provided herein, the secretary of State shall 
have the proclamtion and notice of the election and the pro¬ 
posed amendment, or amendments published in one newspaper 
of general circulation in every county in the State one time in 
the eighth week next before the day of the election and one time 
in the week next before the day of the election. 



603 


4. The secretary of State shall have printed on strong, 
wood paper or cloth, as many copies of the Governor s proclama¬ 
tion, notice of the election and the proposed amendments as 
may be necessary to supply every sheriff with two copies for 
everv precinct in the county and send them to every sheritt at 
least seventy days before the day of the election to be held on 
the proposed amendment. 

5. Upon the ballots used at all elections held on proposed 
amendments to the Constitution the substance, or subject mat¬ 
ter of each proposed amendment shall be so printed that the 
nature thereof shall be clearly indicated. Following each pro¬ 
posed amendment on the ballot shall be printed the word ‘Tes 
and immediately under that shall be printed the ^ord iso. 
The choice of the elector shall be indicated by a cross mark 
(X) made by him, or under his direction, opposite the word 
expressing his desire. 

6. In all elections upon such proposed amendments the 
votes cast thereat shall be canvassed, tabulated and returns 
thereof, be made to the secretary of State and counted in the 
manner as in elections for representatives to the legislature. 

7 Any officer, who fails to perform in good faith every 
duty required of him by this act, must, on conviction, be fined 
not less than fiftv nor more than five hundred dollars. 

8. Any person who mutilates, defaces, removes, or destroys, 
any notice posted up under the provisions of this act, must, on 
conviction, be fined not less than fifty, nor more than one hun¬ 
dred dollars. 

9. The secretary of State shall have printed on the margin 
of the poster, section 8 of this act. 

Approved September 18, 1915. 


No. 531.1 


AN ACT 


(S. 505—Milner. 


To require all the fees collected by sections 6655 and 6656 of the Code, in the 
county court to be paid into the county treasury; to provide a fund out 
of which the salaries of the judges of the county court shall be paid, 
and to fix the amount of such salaries. 


Be it enacted by the Legislature of Alabama : 

1 That all the fees allowed in the county court by sections 
6655 and 6656 of the Code, or any other provisions of law, be 
and the same are hereby required to be paid into the county 
treasury as collected. 



604 


2. That there shall be paid out of the county treasury to the 
judge of the county court an annual salary in equal monthly 
installments of three hundred dollars in counties having less 
than twenty-five thousand population and in counties havin <r 
twenty-five thousand population and less than thirty-five thorn 
sand population four hundred and fifty dollars and in counties 
having more than thirty-five thousand population six hundred 
dollars which shall be in lieu of all fees or compensation al¬ 
lowed by law to such county court or judge for services rendered 
in and about such county court; the payment of such salary to 
be by warrant of such judge drawn on the treasury of "the 
county. The population to be determined by the last Federal 
census preceding the time of the payment of fees. 

3. That this act shall become effective on Monday after the 
second Tuesday in January, 1917. 

Approved September 18, 1915. 


No. 532.) 


AN ACT 


(S'. 500—Milner. 


To regulate and prescribe the manner of giving notice of any and all pro¬ 
ceedings in the courts to non-residents of the State and county in which 
proceedings are pending. 


lie it enacted by the Legislature of Alabama : 

1. That whenever any non-resident of the State shall be 
made a party defendant to any proceeding in any of the courts 
of this State, the complainant or plaintiff or petitioner shall 
set forth in his complaint, petition or bill of complaint the fact 
of such non-residence and whether the place of residence and 
post office address is known or unknown and if known shall 
state it as fully as known, if unknown oath shall be made that 
such address cannot be ascertained after reasonable effort. 

2. That when the petition, complaint or bill of complaint 
sets forth the address of such non-resident a copy of the same 
shall be sent such defendant by registered mail, postage pre¬ 
paid, marked “for delivery only to the person to whom ad¬ 
dressed” and return receipt demanded addressed to the clerk 
or register of the court in which the case is pending and such 
receipt when received in return shall be filed in the cause and 
shall be prima facie evidence of service therof. 

3. That when the address of such non-resident shall be un¬ 
known notice of the pendency of said suit or proceeding shall be 
given by publication as now required by law. 

Approved September 18,1915. 



605 


No. 533.) (S. 519—Lee. 

AN ACT 

To amend section 2500 of the Code. 

Be it enacted by the Legislature of Alabama: 

1. That section 2500 of the Code he amended so as to read: 
2500. If the cause of action survive on the death of a defend¬ 
ant suggestion thereof must be made of record, and the proper 
representative may voluntarily come in and make himself a 
party defendant, but if such representative does not come in and 
make himself a party, citation must issue to him, on his being 
made known, to appear within thirty days from the date on 
which the citation was served on him and defend, and after 
that time the suit may be revived against him; but final judg¬ 
ment must not be rendered against a personal representative if 
he objects “till after the expiration of twelve months from the 
grant of letters testamentary or of administration.” 

Approved September 18, 1915. 


No. 534.) (S. 513—Lee. 

AN ACT 

To amend section 2502 of the Code. 

Be it enacted by the Legislature of Alabama: 

1. That section 2502 of the Code be amended so as to read: 
2502. When any suit is instituted against one or more persons 
upon any separate joint, or joint and several contracts, or upon 
any separate joint, or joint and several cause of action, the 
plaintiff may, at any time amend the summons and complaint 
by striking out, or adding parties plaintiff or defendant, whether 
served or not, and such amendment shall not work a discon¬ 
tinuance as to any defendant not stricken out but the plaintiff 
may recover such judgment as he may be entitled to against any 
one or more of the defendants. And where in a suit upon a 
joint contract, or cause of action, the proof shows it to be a 
separate or several contracts or cause of action, the plaintiff 
may amend by striking out the parties not liable, and such 
amendment shall not work a discontinuance, or constitute a 
variance. 

Approved September 18, 1915. 



606 


No. 535.) (S. 504—Milner. 

AN ACT 

To require a certified copy of each opinion rendered by the Supreme Court 
and by the Court of Appeals of Alabama to be promptly sent to the 
clerk of the court from which the case was appealed. 

Be it enacted by the Legislature of Alabama: 

1. That the clerk of the Supreme Court or clerk of the 
Court of Appeals of Alabama, as the case may be, shall within 
five days after each opinion is rendered by such court send a 
certified copy thereof to the clerk or register of the court from 
which the case under consideration was appealed. 

2. That within five days after the rendition of every such 
decision, the clerk of the court rendering the same, shall notify 
by mail the attorneys of record in the cause of such decision, 
and no fee shall be charged or collected for the services rendered 
under this act. 

Approved September 18, 1915. 


No. 536.) (S. 510—Milner. 

AN ACT 

To amend section 3164 of the Code, as amended by an act approved April 

21, 1911. 

Be it enacted by the Legislature of Alabama : 

1. That section 3164 of the Code as amended by an act 
approved April 21, 1911, be, and the same hereby is amended so 
as to read as follows, to-wit: 3164. Decree after decree pro 
confesso is taken in term time or vacation. Whenever a decree 
pro confesso is taken in any cause in the chancery court or 
courts exercising chancery jurisdiction, and the evidence has 
been taken and the cause is ready for submission for final de¬ 
cree, and the complainant or his solicitor of record, if no defense 
has been interposed, shall file a written request with the 
register or clerk of the court where the cause is pending that the 
cause be submitted for final decree, and shall make out his note 
of testimony, the register or clerk shall at once deliver all pa¬ 
pers in said cause in term time or vacation to the chancellor or 
judge, and he shall, as soon as practicable, render a final decree 
in said cause, and return the same to the register or clerk for 



607 


enrollment, and said decree shall be as binding and have as full 
effect as if it had been rendered in term time. 

2. All laws and parts of laws in conflict with the provi¬ 
sions of this act are hereby repealed. 

Approved September 17, 1915. 


No. 537.) ( s - 502—Milner. 

AN ACT 

To amend section 3227 of the Code. 

Be it enacted by the Legislature of Alabama: 

1. That section 3227 of the Code be amended so as to read: 
3227. All the rules now in force, which have been adopted by 
the Supreme Court, not contrary to the provisions of this Code, 
are recognized; and full, plenary power is granted to such court 
to adopt such other rules to regulate the practice and proceed¬ 
ing in all the courts of the State, or such modifications of 
existing rules as they may deem proper and to furnish forms of 
indictments, complaints, bills, pleas, and process and to mould 
the procedure in all courts and prescribe rules of evidence in 
the same, from time to time, as experience may determine that 
the existing rules do not fully meet the ends of public justice. 
Provided that the Supreme Court shall not have authority to 
change, alter or modify any act of the Legislature. 

Approved September 17, 1915. 


No. 538.) (®- 520—Lee. 

AN ACT 

To amend section 5303 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama : 

1. That section 5303 of the Code of Alabama be and is hereby 
amended so as to read: 5303. How Corporation Served. 
When the suit is against a corporation the summons may be 
executed by the delivery of a copy of the summons and com¬ 
plaint to the president, or other head thereof, secretary, cashier, 
station agent or any other agent thereof. The return of the 



608 


officer executing the summons that the person to whom deliv¬ 
ered is the agent of the corporation shall be prima facie evi¬ 
dence of such fact and authorize judgment by default or other¬ 
wise without further proof of such agency and this fact need 
not be recited in the judgment entry. 

Approved September 17, 1915. 


No - 539> ) (S. 541—Lusk. 

AN ACT 

To amend subdivision 1 of section 3255 of the Code. 

lie it enacted by the Legislature of Alabama : 

1. That subdivision 1 of section 3255 of the Code to be 
amended so as to read: 1. To exercise original jurisdiction of 
all felonies and misdemeanors; of all actions for libel, slander, 
assault and battery, and of ejectments without regard to the 
amount involved; and of all other suits and actions at law 
when the matter or sum in controversy exceeds fifty dollars, and 
in all causes in equity. 

Approved September 17, 1915. 


No - 540 -) (S. 539—Lusk. 

AN ACT 

To confer upon judges of the circuit court all the powers and authority of 
chancellors and authorize and require them to hold any chancery court 
as provided by law. 

Be it enacted by the Legislature of Alabama: 

1. That there is hereby conferred upon all judges of the 
circuit court all the powers and authority of chancellors and 
they may hold any chancery court, and must do so when re¬ 
quired, as provided by law. 

Approved September 17, 1915. 



609 


No. 541.) 


(S. 498—Milner. 


AN ACT 


To amend section thirty-nine hundred and seventy (3970) of the Code 
Alabama, 1907. 


Vi 


Be it enacted by the Legislature of Alabama : 

1. That section thirty-nine hundred and seventy (3970) 
of the Code of Alabama be amended so as to read as follows: 
3970. When sworn account admissible in evidence. In all 
suits upon accounts, an itemized statement of the account, ver-. 
ined by the affidavit of a competent witness, taken before, and 
certified by an officer having authority under the laws of this 
State to take and certify affidavits, is competent evidence of 
the correctness of the account, if the plaintiff, at the time of 
bringing his suit files with his complaint or other initial plead¬ 
ing such verified itemized statement and indorses on the sum¬ 
mons or complaint, or other original process, the fact that the 
account is verified by affidavit; unless the defendant, with¬ 
in the time allowed him for pleading, files in the cause an affi¬ 
davit denying, on information and belief, the correctness of the 
account, which affidavit of the defendant shall state whether or 
not the defendant denies liability, and whether or not he dis¬ 
putes the whole account or only a part or parts or an item or 
items thereof, and if defendant disputes only a part or parts 
or an item or items of the account and not the whole account, 
he shall state in such affidavit what parts or items are disputed 
by him, and the verified account so filed and noted by the plain¬ 
tiff shall be competent evidence of the correctness of all parts 
and items of the account not disputed by defendant's affidavit. 
And any person who files a denial of the correctness of the ver¬ 
ified account, and thereby causes delay or a continuance of the 
cause, and on final hearing of the cause the judge of the court 
does not believe that the denial affidavit was made in good faith, 
he shall penalize the defendant in a sum not exceeding five (5) 
per cent of the amount of the judgment recoverd, which sum 
shall be added to and become a part of the judgment. 

Approved September 17, 1915. 


20 GA 



610 


No. 542.) 


(S. 555—Lusk. 


AN ACT 

To amend an act approved April 21, 1911, entitled “An act to regulate the 
proceedings in the Supreme Court or Court of Appeals in cases which, 
in the opinion of the court, should be reversed because the judgment of 
the lower court is excessive, and there is, in the opinion of the Supreme 
Court or Court of Appeals, no other ground of reversal. 

Be it enacted by the Legislature of Alabama : 

1. That an act approved April 21, 1911, entitled “an act 
to regulate the proceedings in the Supreme Court or Court of 
Appeals in cases which, in the opinion of the court, should be 
reversed because the judgment of the lower court is excessive, 
and there is, in the opinion of the Supreme Court or Court of 
Appeals, no other grounds of reversal,” be and the same is here¬ 
by amended so as to read as follows: That when an appeal is 
taken to the Supreme Court or Court of Appeals from the judg¬ 
ment of any court, and the Supreme Court or Court of Appeals 
shall be of the opinion that the case should be reversed because 
the judgment of the lower court is excessive and that there is 
no other ground of reversal, the Supreme Court, or Court of 
Appeals, shall notify the appellee of the amount which it deems 
in excess of the just and proper amount of recovery, and require 
the appellee within a time to be stated in said notice to remit 
such amount upon penalty of a reversal of the case. If the ap¬ 
pellee does not within the time stated in such notice, or with¬ 
in such further time as may be granted by the court for good 
reason, file a remittitur of such excessive amount the court shall 
reverse and remand the case; but if the appellee shall file with 
the court a remittitur of the amount deemed excessive by the 
court, the court shall reduce the amount of the judgment ac¬ 
cordingly and shall affirm the case and enter a judgment for 
such reduced amount, which judgment so entered shall be and 
remain the judgment of the lower court and shall date back to 
the time of the rendition of the judgment in the lower court. 

2. That all laws and parts of laws in conflict with the pro¬ 
visions of this act, be and the same are hereby repealed. 

Approved September 17, 1915. 



611 


No. 544.) (H. 1289—Hubbard. 

AN ACT 

To amend section 3242 of the Code of 1907. 

Section 1. Be it enacted by the Legislature of Alabama, 
That section 3242 of the Code of 1907, be amended so as to 
read as follows: 3242. Twelfth circuit; times and places of 
holding court.—The circuit court in the twelfth judicial circuit 
shall be held in each year as follows: 1. In the county of Coffee 
at Elba on the first Mondays in January, April, July and Octo¬ 
ber, and at Enterprise on the first Mondays in February, May, 
August and November. 2. In the county of Covington on the 
third Monday of February, May, August and November. 3. In 
the county of Pike on the third Mondavs in Januarv, April, July 
and October. 

Approved September 25, 1915. 


No. 545.) (H. 217—Chamberlain. 

AN ACT 

To protect purchasers at judicial sales. 

Be it enacted by the Legislature of Alabama : 

Section 1. That whenever any court shall order the sale of 
any real estate or interest therein, the court shall have power to 
have an abstract of the title of the property to be sold to be 
made by some competent person, which said abstract shall be 
filed with the officer making the sale for five days -before the 
date of the sale, and which shall be open to the inspection and 
examination of any prospective purchaser. 

Sec. 2. The court shall fix the compensation of the person 
making such abstract, and the amount so fixed shall be a part 
of the cost and expenses of said sale and shall be paid out of 
the proceeds thereof. 

Approved September 18, 1915. 


No. 547.) (H. 1626—Davis. 

AN ACT 

To regulate the procedure in unlawful detainer suits brought by a landlord 
against his tenant in counties of less than 100,000 and more than 80,000 
of population according to the last Federal census or any subsequent 
Federal census; to prescribe the clerk’s and sheriff’s fees in such suits; 



612 


and to provide for and regulate appeals therein, including the bond to 
be given on appeal. 

Be it enacted by the Legislature of Alabama : 

Section 1. That in all actions of unlawful detainer brought 
by a landlord against his tenant in counties of not more than 
100,000 and not less than 80,000 of population according to the 
last Federal census or any subsequent Federal census, the total 
fees of the justice of the peace, if the action be before a justice 
of the peace, shall be one dollar ($1.00), and the total fees of 
the clerk, if the action be in an inferior court having a clerk, 
shall be one dollar ($1.00), and the total sheriff’s or consta¬ 
ble’s fees, as the case may be, shall be one dollar ($1.00), which 
will include the executing of a writ of restitution, if it be nec¬ 
essary to execute such a writ. 

Sec. 2. That all such suits may be instituted within two 
days after the landlord has made written demand upon the 
tenant for possession, and shall be returnable and triable at 
any time after three days from the time of service of summons 
and complaint upon the defendant. 

2i/ 2 . No such suit as provided for in section two shall be 
instituted until ten days’ notice by landlord to tenant of 
the termination of latter’s tenancy has been given. 

Sec. 3. That if judgment be rendered in favor of the plain¬ 
tiff and against the defendant, a writ of restitution and exe¬ 
cution for the costs shall issue against the defendant after the 
expiration of five days from the date of the judgment, unless 
the defendant within such period of five days takes an appeal to 
the circuit court, or other court of appellate jurisdiction in the 
premises, and gives bond with sufficient sureties to be approved 
by the judge of the court trying the case in a sum double any 
rents then owing by the tenant to the landlord, plus twelve 
months additional rental at the contract rate, if there be such 
a rate and otherwise at the reasonable value of such rental, on 
condition to pay to the plaintiff all rents owing at the time of 
the execution of the bond and all rents which accrue up to the 
final determiation of the appeal, and to pay all costs of the 
cause and the court trying the action shall ascertain the 
amount of the aforesaid rents and set forth the same in its 
judgment, in the event that the judgment be for the plaintiff, 
thus judicially determining the penalty of the appeal bond 
wliich is to be given, in the event that there be an appeal. 

Sec. 4. That upon the trial of the said action in the appel¬ 
late court, the jury, or the court trying the cause without a jury, 



613 


in the event that the verdict or judgment be for the plaintiff, 
shall ascertain the amount of rent owing by the tenant to the 
landlord up to that time and judgment shall be rendered in 
favor of the plaintiff and against the defendant not only for 
the property sued for, but also for the amount of the said rent, 
together with costs, and if the said judgment for rent and 
costs be not paid within thirty days after its rendition, execu¬ 
tion therefor shall issue against the defendant and against the 
sureties on his appeal bond. 

Sec. 5. This act shall go into effect immediately upon its 
approval by the Governor. 

Approved September 18, 1915. 


No. 549.) 


(H. 1556—Grady. 


AN ACT 


To restore the name of Mrs. Mary Anglin of Randolph county, Ala., surviv¬ 
ing widow of C. G. Anglin, a Confederate soldier, to the pension rolls 
and to pay to her all arrearages as a pensioner of the third class, from 
January 1, 1914, the date her name was stricken from the rolls to the 
date of the passage of this act. 

Be it enacted by the Legislature of Alabama: 

1. That the name of Mrs. Mary Anglin, a resident citizen 
of Randolph county, Alabama, and the surviving widow of C. 
G. Anglin, a confederate soldier, be restored to the confederate 
pension rolls of this State, the same having been improperly 
stricken therefrom in an investigation heretofore made by and 
under the direction of Hon. Emmet O’Neal, governor of this 
State, and after being restored, that she be entitled to all the 
rights and privileges granted to confederate pensioners. 

2. That there is hereby appropriated for the relief of Mrs. 
Mary Anglin, the sum to which she would have been entitled 
as confederate pensioner of the third class, had her name not 
been stricken from the rolls, from January 1,1914 up to the date 
of the approval of this act; and the State auditor is hereby di¬ 
rected to ascertain the amount to which she would have been so 
entitled, and to draw his warrant in her favor for such sum. 

Approved September 18, 1915. 



614 


No. 550.) (H. 1266—Neeley. 

AN ACT 

For the relief of T. G. Green of Lawrence county, Ala., for compensation 
and expenses incurred by him in the apprehension and transportation of 
St. Clair Jones, charged with the murder of Busk Willis from the State 
of Kentucky to the State of Alabama. 

Section 1. Whereas on the morning of July 13th, 1913, 
St. Clair Wade (a negro) murdered Buck Willis (a negro), 
near Town Creek, Lawrence county, Alabama, and made his 
escape. A reward was offered for his arrest and delivery to 
the sheriff of Lawrence county. The published reward was for 
one hundred eighty dollars ($180) and stated that the citizens 
of Town Creek would pay sixty dollars (f60.00) of this reward 
and the State would pay one hundred twenty dollars ($120.00). 
Under and by virtue of this reward, Mr. T. G. Green, of Law¬ 
rence county, Alabama, after considerable and money spent 
in fruitless trips to many different points, finally located him 
at Paris, Kentucky. He then went to Paris, secured the negro, 
brought him back to Lawrence county and delivered him to 
the sheriff. The negro was convicted at the following term 
of court and is now serving a life sentence for the crime. 
Through some misunderstanding between the then Governor 
and the solicitors of the district, the reward of the State was 
never paid, and there is no record in the Governor’s office to 
show the reward was ever offered. The Governor then acting 
admits that he did offer a reward of one hundred dollars 
($100.00). Conditioned upon the recommendation of the so¬ 
licitor, now therefore in consideration of the premises. 

Be it enacted by the Legislature of Alabama : 

That the Governor be and is hereby authorized to pay the 
said T. G. Green, out of his contingent fund, the sum of one 
hundred dollars ($100.00) as a reward for the services ren¬ 
dered the State as above set out. 

Approved September 18, 1915. 


No. 551.) 


AN ACT 


(H. 1369—Davis. 


To authorize the Governor to issue and sell one million five hundred thou¬ 
sand dollars of five per cent coupon bonds of the State of Alabama in 
denominations of five hundred dollars each bearing interest at the rate 
of five per cent per annum, and to prescribe the manner in which said 
bonds are to be sold. 



615 


Be it enacted by the Legislature of Alabama as follows: 

Thirty days after the adoption of the constitutional amend¬ 
ment authorizing the issuance of bonds for the retirement of 
the floating debt of the State the Governor is hereby authorized 
and empowered to have prepared and to issue one million five 
hundred thousand dollars of five per cent coupon bonds of the 
State of Alabama in denominations of five hundred dollars 
with interest payable semi-annually, which bonds shall be an 
obligation of the State to pay the principal of said bonds as 
hereinafter set out and interest as evidenced by coupons at¬ 
tached to said bonds, which said principal and interest shall 
be a charge against the revenues of the State not otherwise 
appropriated; said bonds shall bear the date of issuance, the 
date of payment, shall have attached thereto the coupons evi¬ 
dencing the interest to be due thereon and shall be issued in the 
following amounts the principal of which shall be made payable 
as follows: $150,000 of said bonds shall be payable January 
1st, 1920; $150,000 January 1st, 1921; $150,000 January 1st, 
1922; $150,000 January 1st, 1923; $150,000 January 1st, 1924; 
$150,000 January 1st, 1925; $150,000 January 1st, i926; $150,- 
000 January 1st, 1927; $150,000 January 1st, 1928; $150,000 
January 1st, 1929. The said bonds shall be similar in form to 
other bonds issued by the State of Alabama and shall be signed 
by the Governor, attested by the Secretary of State and shall 
have the great seal of the State of Alabama attached thereto. 

Sec. 2. Said bonds setting forth and containing the provi¬ 
sions as set out in section 1 of this act may be in form usual 
to bonds issued by the State of Alabama, and shall be prepared 
under the supervision and with the approval of the Governor, 
but said bonds shall not be held void nor the obligation of the 
State questioned on account of the form in which said bonds 
are issued. A copy of the said bonds together with the coupons 
thereunto attached shall be filed with the Secretary of State 
which copy shall be plainly marked “copy and cancelled.” 

Sec. 3. Be it further enacted that said bonds issued under 
and by authority of this act shall be exempt from State, county 
and municipal taxes. 

Sec. 4. After said bonds have been prepared and are ready 
for sale the Governor shall cause to be advertised in three of 
the daily newspapers of the State and in at least two financial 
journals outside of the State that such bonds are ready for sale 
and delivery and calling for bids upon the entire issue" of bonds 
or any portion thereof. Said advertisement of sale shall state 



616 


the date at which the bids will be opened which shall not be less 
than thirty days from the date of advertisement, the terms and 
conditions of the sale and the right to reject any and all bids 
made for said bonds. On the date set for the opening of the bids 
the Governor in the presence of the auditor and State treasurer 
shall open said bids and if a sufficient amount has been bid 
therefor shall make sale of said bonds to the purchaser or pur¬ 
chasers bidding the highest amount for the same provided that 
said purchaser or purchasers shall immediately pay the cash 
therefor and provided further that in the opinion of the Gov¬ 
ernor, the auditor and the treasurer the bonds have not sold for 
an amount less than their real value and in no event less than 
par. 

Sec. 5. All bids for the bonds provided for in this act shall 
be accompanied by a certified check payable to the State of 
Alabama for ten per cent, of the amount of bonds bid for, 
which said certified checks shall be held by the Governor until 
the awarding of the bonds to the purchaser as provided in this 
act, and upon the awarding of the bonds to the successful pur¬ 
chaser the certified checks of the unsuccessful bidders shall be 
returned to them and the proceeds of the successful bidders may 
be accepted in part payment for said bonds provided the balance 
of said purchase money is immediately paid, and if not so paid 
then the proceeds of said certified checks of the successful bid¬ 
ders shall be paid into the State treasury as liquidated damages 
for the failure of such bidder to complete his contract of pur¬ 
chase. 

Sec. 6, The Governor is hereby authorized and there is 
hereby appropriated for that purpose out of any moneys in the 
treasury not otherwise appropriated a sufficient amount to pay 
the costs incident to the issue and sale thereof including the 
necessary expenses of placing said bonds on the market, which 
costs and expenses the Governor shall itemize and file with the 
State auditor at the time the proceeds of said bonds are paid 
into the State treasury and upon the receipt of the proceeds 
thereof the Governor shall pay the same to the treasurer of the 
State of Alabama in the manner prescribed by law, thereupon 
the auditor upon the order of the Governor shall draw his war¬ 
rant or warrants on the State treasurer for the costs incident to 
the issue and sale of said bonds including the necessary expenses 
of placing said bonds on the market. 

Sec. 7. If for any reason the sale of said bonds herein 
provided is not made or completed at the time as hereinabove 
set out or if in the opinion of the Governor, the auditor and 



617 


the treasurer all of said bids for the purchase of said bonds 
should be rejected then the Governor is hereby authorized at 
any time to offer said bonds for sale in accordance with the 
terms and conditions as prescribed in this act, or if a portion 
of said bonds are for any reason not sold at the time of the 
advertisement or if a purchaser or purchasers should fail to 
comply with the terms thereof then the Governor is hereby 
authorized to readvertise and sell such bonds in accordance 
with the terms of this act. 

Approved September 18, 1915. 


No. 552.) (H. 496—Dvnl. 

AN ACT 

To amend section 6971 of the Code. 

Be it enacted by the Legislature of Alabama, That section 
6971 of the Code be so amended as to read as follows: 

Any person who hunts on the land of another without first 
having obtained from the owner or agent thereof a written 
permission to do so shall be guilty of a misdemeanor, and on 
conviction, shall be fined not less than ten nor more than twen¬ 
ty-five dollars, provided that no written permission shall be 
requested of any person actually hunting in company with 
any owner or agent or any member of their family when hunt¬ 
ing on lands owned or controlled by such owner or agent. 

Approved September 18, 1915. 


No. 553.) . (H. 1469—Doyle. 

AN ACT 

For the relief of Mrs. R. E. Gibson, age 76 years, widow of W. D. Gibson, an 
ex-Confederate soldier, being a resident of Clarke county, Alabama; 
whereas, Mrs. R. E. Gibson’s name has been on the pension roll for 
Clarke county, Alabama, for several years, but her name was stricken 
from the roll by the State board of examiners, complaining that the 
name of W. D. Gibson had not been found on the rolls of Co. “I,” 32nd 
Alabama Infantry, C. S. A., there being a mistake of the regiment by 
the board of examiners, it being a fact that the same W. D. Gibson vol¬ 
unteered and was a private soldier in Co. “A,” 42nd Alabama Infantry 
Regiment, and the latter part of the war his regiment the 42nd Ala., 
and the 37th Ala. Regiment was consolidated, and at the end of the 
war W. D. Gibson was paroled at Greensboro, North Carolina, May, 
1865. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the State auditor be and is hereby required to draw his 



618 


warrant on the State treasury of Alabama, for the sum of $81.60 
in favor of said Mrs. R. E. Gibson, the amount she would have 
drawn after the time her name was dropped from the roll to the 
first of July, 1915, to-wit: April 1st, 1914, $16.00 towit July 
1st, 1914, $7.20, to-wit Oct. 1st, 1914, $16.00, to-wit Jany. 1st, 
1915, $16.00, to-wit April 1st, 1915, $16.00, to-wit July 1st, 1915, 
$10.40; $81.60, to be paid out of any balance in the pension fund 
of the State by the State treasurer thereof. 

Sec. 2. That the probate judge of Clarke county, Alabama, 
and the other pension officers of the State are hereby required 
to restore the name of said Mrs. R. E. Gibson to the rolls in the 
class she belongs, that she may hereafter be allowed, and enti¬ 
tled to share in the distribution of the funds appropriated for 
the relief of needy Confederate soldiers, and widows of Confed¬ 
erate soldiers. 

Approved September 18, 1915. 


No. 554.) (H. 1470—Doyle. 

AN ACT 

For the relief of Mrs. Margaret L. Powell, age 70 years, widow of John 
Powell, an ex-Confederate soldier, being a resident of Clarke county, 
Alabama; whereas, Mrs. Margaret L. Powell’s name has been on the 
pension roll of Covington county, Alabama, for a long time but her 
name was stricken from the roll by the State board of examiners be¬ 
cause she failed to give the No. of her husband’s regiment, the applica¬ 
tion she made gave the command a Co. ‘B’ Beauregards Mississippi 
Volunteers, upon this vagueness her name was ordered stricken from 
the roll, her original application being properly made and filled out as 
required by law. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the State auditor be and is hereby required to draw his 
warrant on the State treasury of Alabama, for the sum of 
$97.60 in favor of said Mrs. Margaret L. Powell, the amount she 
would have drawn after the time her name was dropped from 


the roll to the first of July, 1915. 

To wit, January 1st, 1914.$16.00 

To wit, April 1st, 1914. 16.00 

To wit, July 1st, 1914. 7.20 

To wit, October 1st, 1914. 16.00 

To wit, January 1st, 1915. 16.00 

To wit, April 1st, 1915. 16.00 

To wit, July 1st, 1915. 10.40 


$97.60 










619 


to be paid out of any balance in the pension fund of the State 
hy the State treasurer thereof. 

Sec. 2. That the probate judge of Clarke county, Alabama, 
and the other pension officers of the State are hereby required 
to restore the name of said Mrs. Margaret L. Powell to the rolls 
in the class she belongs, that she may hereafter be allowed and 
entitled to share in the distribution of the funds appropriated 
for the relief of needy Confederate soldiers, and widows of Con¬ 
federate soldiers. 

Approved September 18,1915. 


No. 555.) (H. 1045—John 

AN ACT 

To amend section 1279 of the Code of 1907. 

Be it enacted by the Legislature of Alabama, That section 
1279 of the Code of Alabama (1907) be and the same is hereby 
amended so as to read as follows: 1279. Markets, Regulation 
of. To establish, regulate and control markets and market 
houses, and to require and provide for the proper inspection 
of food products and articles offered for sale or barter within 
the police jurisdiction of the city or town and for the punish¬ 
ment of persons or corporations offering for sale unsound or 
unwholesome articles in markets or other places in the city or 
town, or within the police jurisdiction thereof; to inspect all 
dairies and the products of the same in the county in which the 
city or town or any part thereof is located, and the owner of 
which sells or disposes of milk or butter in such city or town, 
and to regulate the same, and the council may fix and prescribe 
the payment of a reasonable fee for such inspection; such coun¬ 
cil shall have the power to regulate the sale of meats, vege¬ 
tables, fruits and other articles, and to prescribe the localities 
in which the same may be sold; provided, that in such munici¬ 
palities having a population of not less than 13,000 and not 
more than 25,000 inhabitants, according to the last or any 
subsequent Federal census, any person shall have the right to 
keep and sell fresh meats in such localities in any grocery store, 
green grocery store, or other store of similar nature subject 
to the ordinances of the city regulating the slaughtering, in¬ 
specting and keeping and selling of such meats; and this right 
shall not be restrained or denied by the imposition of unneces¬ 
sary, unreasonable or discriminatory regulations or excessive 
licenses; and provided, further, that in the territory outside of 



620 


the corporate limits and inside of the police jurisdiction of a 
municipality of the size above mentioned, any person shall have 
the right to sell fresh meats subject to inspection of such meats 
on the premises where sold and subject to the same sanitary 
and slaughtering regulations governing meats sold inside of 
the corporate limits and subject to a license to be fixed by the 
city. 

Approved September 18, 1915. 


No. 561.) (H. 1561—Johnson. 

AN ACT 

For the relief of M. Sparks of DeKalb county for money paid by him for 

Fannie Watts, a Confederate pensioner under the law of Alabama. 

Be it enacted by the Legislature of A labama: 

Section 1. That the sum of forty-eight dollars be appropri¬ 
ated for the relief of M. Sparks of DeKalb county, Alabama, for 
money actually advanced by him for the support of Fannie 
Watts formerly a Confederate pensioner under the laws of 
Alabama, said amount hereby appropriated having never been 
heretofore paid by the State to said Fannie Watts. 

Sec. 2. Be it further enacted, That upon the approval of 
this act by the Governor the auditor of the State shall draw his 
warrant on the State treasurer in favor of said M. Sparks for 
said amount hereby appropriated. 

Approved September 18, 1915. 


No. 562.) (H. 1288—Hubbard. 

AN ACT 

To establish the twentieth judicial circuit, to be composed of the counties of 
Henry, Houston and Geneva; to fix the time and places of holding the 
courts; to prescribe rules of procedure and practice therein; to provide 
for the election and appointment of a judge and solicitor, and to fix 
their salaries. 

Be it enacted by the Legislature of Alabama '. 

Section 1. That there is hereby created and established the 
twentieth judicial circuit, to be composed of the counties of 
Henry, Houston and Geneva. 

Sec. 2. That the court in each of said counties shall be and 
remain open at all times; that four jury terms of court in each 



621 


of said counties shall be held each year, at which time grand 
and petit jurors may he empaneled for such number of weeks 
as may be necessary to dispose of the Inisiness pending, as fol¬ 
lows : In the county of Henry, at Abbeville, on the fourth 
Monday in January; on the 12th Monday after the 4tli Monday 
in January; on the 1st Monday in August and on the 10th 
Monday after the 1st Monday in August. In the county of 
Houston, at Dothan, on the 3rd Monday after the 4th Monday in 
January; on the 15th Monday after the 4th Monday in Janu¬ 
ary; on the 3rd Monday after the 1st Monday in August and 
on the 13th Monday after the 1st Monday in August. In the 
county of Geneva, at Geneva, on the 7tli Monday after the 4th 
Monday in January; on the 19th Monday after the 4tli Monday 
in January; on the 7tli Monday after the 1st Monday in Au¬ 
gust, and on the 17th Monday after the 1st Monday in August. 

Sec. 3. That a grand jury for any regular jury term of the 
court may be dispensed with in the discretion of the trial judge. 
The grand jury impaneled at any regular jury term of the 
court may be recalled, after being discharged, at any time before 
the next regular jury term, or a new grand jury may be impan¬ 
eled in the discretion of the trial judge. 

Sec. 4. That the judge of said court may in chambers pass 
on all pleadings; all motions to set aside judgments or for new 
trials; all ex parte motions or ex parte proceedings of any 
character; and where the parties file written consent thereto; 
hear and determine all petitions for certiorari, supersedeas, quo 
warranto, mandamus, and all cases submitted on an agreed 
statement of facts, in which a jury trial is not authorized, or 
where a trial by jury is waived by the parties, and in any of 
such cases the order, ruling or judgment shall be written out 
and filed in the office of the clerk of the court of the proper 
county, and the same shall be entered on the minutes of the 
court as the judgment of the court. 

Sec. 5. That this act shall go into effect immediately upon 
its passage and approval by the Governor, and the Governor 
shall immediately upon his approval appoint a judge and solici¬ 
tor of said court, and the judge so appointed shall hold his office 
until his successor is elected and qualified at the next general 
election, and the solicitor shall hold his office until the next 
general election for solicitors, and the judge shall receive a sal¬ 
ary of $3,000.00 per annum, payable as other circuit judges are 
paid, and the solicitor shall receive a salary of $2,400.00 per 
annum, payable as other circuit solicitors are paid. 

Approved September 25, 1915. 



622 


No. 563.) (H. 668—Wittmeier. 

AN ACT 

To fix the time and place for holding mass meetings, beat meetings or other 
meetings of the voters of political parties in Alabama held for the pur¬ 
pose of nominating candidates for public offices who are to be voted for 
in general elections or for the purpose of selecting delegates, committee¬ 
men, or other party representatives or agents, of such parties. 

Be it enacted by the Legislature of Alabama: 

Section 1. That when any political party shall desire to 
hold any mass meeting, beat meeting, or other meeting of the 
voters of such party for the purpose of nominating any candi¬ 
date or candidates for public office, to be voted for in a general 
election in Alabama or for the purpose of selecting delegates, or 
other representatives to any convention which may select such 
candidates for public office, or when any such party shall desire 
to hold such mass meeting, beat meeting or other meeting of the 
voters of such party for the purpose of selecting committeemen, 
representatives, or other party officers of such party; all of such 
meetings shall be held at the times and places set out in section 
two of this act, and at no other times or places, and any person 
or persons who shall hold, attend or participate in the holding 
of any such meeting at any other time or place than as provided 
in section two hereof, or who shall otherwise violate the provis¬ 
ions of this act shall be guilty of a misdemeanor. 

Sec. 2. That in presidential election years, such meetings 
shall be held in a hall, room or open place, at, or in the immedi¬ 
ate vicinity of the voting place of the respective precinct or vot¬ 
ing district, and on the second Tuesday in May. In other even 
numbered years, such meetings shall be held at such places on 
the second Tuesday in August. The general public are privi¬ 
leged to attend such meetings, but not to participate. Provided, 
however, that this act shall not apply where a special election is 
called for the election of a public officer, for which said party 
has no candidate, or where by death, resignation or otherwise a 
vacancy has occurred in any nomination made by such party; 
and provided, further this act shall not apply to municipal 
elections. 

Became a law under section 125 of the Constitution. 



No. 564.) 


AN ACT 


(H. 1458—Tunstall. 


For the relief of J. D. Cromer, an ex-Confederate soldier, who was on the 
pension rolls prior to 1893, and whose name was dropped from the pen¬ 
sion rolls from 1895 to 1902, both inclusive, through mistake. 

Be it enacted by the Legislature of Alabama : 

Section 1. That the State auditor is hereby authorized and 
directed to draw a warrant on the treasurer of Alabama, for 
one hundred and fifty dollars, in favor of J. D. Cromer, an ex- 
Confederate soldier, who was on the pension rolls prior to 1893, 
and whose name was dropped from the pension roll from 1895 
to 1902, both inclusive, through a mistake. 

Approved September 18, 1915. 


No. 565.) 


AN ACT 


(H. 1448—Goode. 


To repeal sections 5765, as amended by an act approved August 25th, 1909 
(Pamphlet Laws of 1909, page 297); 5766, 5767, 5768; as amended by 
an act approved April 13th, 1911 (Pamphlet Laws of 1911, page 390); 
5769, 5770, 5771, 5772, 5773, 5774, 5775, 5776, 5777, 5778, 5779, 5780, 

5781, 5782, 5783, 5784, 5785, 5786, 5787, 5788, 

5793, 5794, 5795, 5796, 5797, 5798, 5799, 5800, 

5805, 5806, 5807, 5808, 5809, 5810, 5811, 5812, 

5817, 5818, 5819, 5820, 5821, 5822, 5823, 5824, „„„,-,- 

5829, 5830, 5831, 5832, 5833, 5834, 5835, 5836, 5837, 5838, as amended by 
an act approved August 20th, 1915; 5839, 5840, 5841, 5842, 5843, 7732, 
7734, 7735, 7736, 7737, 7738, 7740, 7741, 7742, 7743, and 7744 of the Code 
of Alabama of 1907. 


5789, 5790, 5791, 5792, 
5801, 5802, 5803, 5804, 
5813, 5814, 5815, 5816, 
5825, 5826, 5827, 5828, 


Be it enacted by the Legislature of A labama : 

Section 1. That section 5765, as amended by an act^ ap¬ 
proved August 25th, 1909 (Pamphlet Laws of 1909, page 279) ; 
5766, 5767, 5768, as amended by an act approved April 13th, 
1911, (Pamphlet Laws of 1911, page 390) ; 5769; 5770; 5771; 
5772; 5773; 5774; 5775; 5776; 5777; 5778; 5779; 5780; 5781; 
5782; 5783; 5784; 5785; 5786; 5787; 5788; 5789; 5790; 5791; 
5792; 5793; 5794; 5795; 5796; 5797; 5798; 5799; 5800; 5801; 

5802; 5803; 5804; 5805; 5806; 5807; 5808; 5809; 5810; 5811; 

5812; 5813; 5814; 5815; 5816; 5817; 5818; 5819; 5820; 5821; 

5822; 5823; 5824; 5825; 5826; 5827; 5828; 5829; 5830; 5831; 

5832; 5833; 5834; 5835 ; 5836 ; 5837; 5838; as amended by an 




624 


act approved August 20th, 1915; 5839; 5840; 5841; 5842; 5843; 
7732; 7734; 7735; 7736; 7737; 7738 ; 7740; 7741; 7742; 7743 
and 7744 of the Code of Alabama of 1907, be and the same are 
hereby repealed. 

Approved September 20, 1915. 


566 > (H. 1484—Johnston of Madison 

AN ACT 

To provide for extension work in agriculture and home economics, by giving 
instriietKm to men, women and young people in the several counties in 
labama, by continuing and improving farm demonstration work, by 
organizing marketing clubs, by organizing and supervising bovs’ corn 
and pig clubs, girls, canning clubs, women’s clubs in home economics 
and by conducting other extension work through other means, all with 
a view to making farm life more profitable and attractive; to secure for 
abama the full amount of the funds conditionally appropriated by 
Congress under the Smith-Lever extension act for extension work in 
agriculture and home economics; and to make appropriations for these 
purposes. 

Be it enacted by the Legislature of Alabama: 

1. In order to aid in diffusing among the people of Alabama 
in the several counties useful and practical information on sub¬ 
jects relating to agriculture and home economics; to provide for 
the continuance and improvement of farm demonstration work; 
for organizing live stock, marketing, and other agricultural 
clubs and otherwise assisting farmers in preparing for market 
and marketing their crops and live stock; for organizing and 
supervising boys’ corn clubs and pig clubs, girls’ canning dubs, 
home economics and other clubs for women; to encourage diver¬ 
sification of crops and better methods of farming and stock 
raising; to promote the welfare of the rural districts by other 
forms of agricultural and home economics extension work ; and 
to secure for expenditure in Alabama the full amounts appro¬ 
priated conditionally by the Congress of the United States un¬ 
der the agricultural extension act, approved May 8th, 1914, gen¬ 
erally known as the Smith-Lever act for extension work in agri¬ 
culture and home economics in the several states, the following 
sums shall be, and are hereby appropriated to the Alabama 
Polytechnic Institute, out of any money in the treasury not 
otherwise appropriated, for carrying out the purpose of this 
act: For the fiscal year beginning July 1st, 1917, and ending 
June 30th, 1918, $20,000.00. For the fiscal year beginning July 
1st, 1918 and ending June 30th, 1919, $40,000.00. 



625 


2. These sums shall be expended under the general direction 
of the board of trustees of the Alabama Polytechnic Institute 
through its extension service for any expenses whatever rele¬ 
vant to the purposes of this act, and in such manner as to se¬ 
cure for extension work in Alabama in any year the maximum 
amount of the fund conditionally appropriated for that year by 
the Congress of the United States under the terms of the agri¬ 
cultural extension act, generally known as the Smith-Lever act, 
approved May 8th, 1914. If there should remain in any year 
any balance of the State appropriation after satisfying the re¬ 
quirements of the said Smith-Lever act of Congress, these bal¬ 
ances may be used in providing quarters for the persons engag¬ 
ed in extension work in Alabama and for other purposes related 
to extension work. Any balance remaining unexpended on June 
thirtieth of any year shall be added to the amount available for 
the next ensuing year; any revenue incidentally derived from 
the sale of equipment or other articles shall be further applied 
to the purposes of this act. 

3. The sums appropriated by this act shall be paid each year 
in equal quartely payments in advance on the first day of July, 
October, January, and April, respectively, to the treasurer of 
the Alabama Polytechnic Institute, on the requisition of the 
president of the said institute. 

4. On or before the first day of January of each year the 
board of trustees of the Alabama Polytechnic Institute shall 
make a report to the Governor of Alabama on the work in exe¬ 
cution of this act done in the fiscal year ending the thirtieth of 
the preceding June. 

5. All laws and parts of law r s in conflict with this act are 
hereby repealed, but nothing in this act shall be construed as 
repealing the act approved February 11th, 1915, for farm dem¬ 
onstration work in Alabama. 

Approved Sept. 25, 1915. 


No. 572.) (H. 1344—Hudson. 

AN ACT 

To appropriate seven hundred one and 28/100 dollars for payment to the 
Western Union Telegraph Company for telegraphic services rendered to 
the State of Alabama. 

Section 1. Be it •enacted by the Legislature of Alabama , 
That there be and is hereby appropriated out of any moneys 
in the State treasury not otherwise appropriated the sum of 



626 


seven hundred one and 28/100 dollars, for payment to the 
Western Union Telegraph Company for telegraphic service 
rendered to the State of Alabama. 

Sec. 2. That the sum above appropriated be paid by war¬ 
rant drawn on the State treasury by the State auditor, and 
approved by the Governor, or so much thereof as is ascertained 
by the commission hereinafter provided. 

Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due and shall make award in writing to the Governor as 
to the amount so due and the said Governor shall in writing 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due and it shall 
be the duty of the State treasurer to pay said warrant out of 
any money in the treasury not otherwise appropriated. 

Approved September 18 , 1915 . 


No. 573.) 


AN ACT 


(H. 774—Hubbard. 


To refund to the Standard Chemical & Oil Company, a corporation whose 
principal office is at Troy, Ala., money illegally paid for fertl . hz ®^ a S s > 
which were used on cotton seed meal sold by said company during t 
season of 1912. 


Section 1. Be it enacted by the Legislature of the State of 
Alabama , That there is hereby refunded to the Standard Chemi- 
cal & Oil Company, a corporation, whose principal office is at 
Troy, Alabama, the sum of twelve hundred and thirty ($1,230.- 
00) dollars, which amount was paid to the commissioner of agri¬ 
culture of the State of Alabama, for fertilizer tags, the same 
having been used by said company on cotton seed meal sold as 
fertilizers during the season of 1912, the commissioner of agri¬ 
culture having advised that it was necessary under the fertilizer 
laws as construed by the attorney general of the State of Ala¬ 
bama, which opinion was overruled by opinion of the Supreme 
Court, subsequent to the purchase and use of said fertilizer 

tags. . 

Sec. 2. That the auditor shall draw his warrant in favor 
of said company payable out of the funds arising from the sale 
of fertilizer tags, for said amount. 



627 


Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and constitute 
a commission whose duty it shall be to ascertain how much is 
due, and shall make an award in writing to the Governor as 
to the amount so due and the said Governor shall in writing 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 18, 1915. 


No. 574.) (H. 1570—Chamberlain. 

AN ACT 

For the relief of Frank L. Allen, of Mobile county, to refund certain moneys 
illegally collected from him in Mobile county, under an act approved 
April 6th, 1911, as a license as a retail dealer in liquor in the town of 
Citronelle. 

Be it enacted by the Legislature of Alabama, That whereas, 
on January 1st, 1913, under an act approved April 6th, 1911, 
Frank L. Allen, of Mobile county, paid to the judge of probate 
of said county, as a license to carry on the business of a retail 
dealer in liquor, in the town of Citronelle in said county, for 
the year beginning January 1st, 1913, and ending December 
31st, 1913, the sum of nine hundred dollars, of which twenty 
per centum or one hundred eighty and no/100 dollars ($180.00) 
was by said judge of probate, paid into the treasury of the State 
of Alabama, and whereas after said payment and on the 16th 
day of January, 1913, the said Frank L. Allen was by the law 
and equity court of Mobile enjoined from carrying on said 
business in said town of Citronelle on the ground that the excise 
commission thereof, was without authority to issue licenses for 
the sale of liquor therein, which decree of injunction was there¬ 
after affirmed by the Supreme Court of Alabama, and the 
license held to have been illegally issued, so that there is equit¬ 
ably due and owing by the State of Alabama to said Frank L. 
Allen, the said sum of one hundred eighty and no/100 dollars 
($180.00) less the pro-rata thereof, namely seven and 50/100 
dollars, for the fifteen days that he carried on said business 
under said license, which sum so due is one hundred seventy- 
two and 50/100 dollars ($172.50); the said sum of one hundred 
seventy-two and 50/100 dollars ($172.50), is hereby appro- 



628 


priated out of any moneys in the State treasury, not otherwise 
appropriated, for the reimbursement of said Frank L. Allen, 
and the State auditor is hereby authorized and required to 
draw a warrant on the State treasurer for said amount in favor 
of the said Frank L. Allen, and forward same to the judge of 
probate of Mobile county to be by him turned over to the 
beneficiary of this act, the said Frank L. Allen. Or so much 
thereof as is ascertained by the commission hereinafter pro¬ 
vided. 

Sec. 2. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and con¬ 
stitute a commission whose duty it shall be to ascertain how 
much is due and shall make an award in writing to the Governor 
as to the amount so due and the said Governor shall in writing 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 18,1915. 


No 576.) (H. 956—McDonald. 

AN ACT 

For the relief of R. M. Martin. Whereas, R. M. Martin was employed by 
Captain R. F. Kolb, commissioner of agriculture and industries, as a 
special agent of the pure food and drugs department, and rendered 
splendid services as such agent, and whereas, under an opinion rendered 
by the attorney general, it was held that the said R. M. Martin was em¬ 
ployed without warrant of law, although he did actually render the ser¬ 
vices, and, whereas, for two months, to-wit, November and December, 
1912, the said R. M. Martin worked for the State, before the attorney 
general renderd his said opinion, as such special agent and should have 
received the sum of $125.00 per month as his salary, and, whereas said 
salary was denied him and is still due and unpaid, therefore: 

Be it enacted by the Legislature of Alabama: 

Section One. That there be and hereby is appropriated out 
of any moneys in the treasury not otherwise appropriated the 
sum of two hundred and fifty ($250.00) dollars. To be paid out 
of the funds appropriated for the maintenance of the depart¬ 
ment of agriculture. 

Section Two. That the auditor be and he hereby is author¬ 
ized and directed to issue his warrant to R. M. Martin for the 
sum of two hundred and fifty dollars to be paid out of any mon¬ 
eys in the treasury not otherwise appropriated. 



629 


Section Three. Provided, however, that the Governor, the 
Attorney General, the State auditor, the State treasurer and 
the director of the department of archives and history shall be 
and constitute a commission whose duty it shall be to ascertain 
how much is due and shall make an award in writing to the 
Governor as to the amount so due and the said Governor shall 
in writing, order the State auditor to draw his warrant upon 
the State treasurer for the amount ascertained to be due and it 
shall be the duty of the State treasurer to pay said warrant out 
of any money in the treasury not otherwise appropriated. 

Approved September 17, i915. 


No. 577.) (H. 1108—John. 

AN ACT 

To appropriate the sum of $3,300.00 paid to the Alabama insane hospital for 
swamp and overflowed lands, the titles to which were adjudged by the 
courts to be invalid. 

Be it enacted by the Legislature of Alabama : 

That there is hereby appropriated the sum of $3,300.00 to 
be paid to J. M. Beach, Sr., J. M. Beach, Jr., W. M. Beach, F. 
J. Jordan, and C. M. Jordan, or their assignees or transferees, 
being the amount of money paid by said parties to the State of 
Alabama for swamp and overflowed lands under conveyances 
executed by the Alabama Insane Hospital during the year 1907, 
the title to said lands having been adjudged by the courts of 
this State to be invalid. That the auditor is hereby directed 
to draw a warrant on the State treasurer in favor of each of the 
above named parties, or his assignees or transferree, for the 
amount of money paid by him on account of his purchase of 
said land. 

Approved September 17, 1915. 


No. 578.) (H. 1378—Weakley. 

AN ACT 

To amend section two of an act entitled “An act to amend the Constitution 
of the State of Alabama so as to permit the issuance of bonds for the 
retirement of the floating debt of the State. 

Be it enacted by the Legislature of Alabama, as follows: 

Section 1. That section two of an act entitled “an act to 
amend the Constitution of the State of Alabama so as to permit 



630 


the issuance of bonds for the retirement of the floating debt of 
the State,” approved July 27th, 1915, be amended so as to read 
as follows: 

Sec. 2. That there shall he and there is hereby ordered to 
be held an election by the qualified electors of the State of Ala¬ 
bama on the 18th day of January, 1916, to vote on the proposed 
amendment to the Constitution of the State, which election 
shall be held under the laws and regulations prescribed for 
the holding of general elections in this State, and the Governor 
of the State shall by proclamation give notice of such election 
with a copy of the proposed amendment in similar manner as 
notices and proclamations are required to be given for general 
elections, and shall cause the same to be published once a week 
for eight consecutive weeks next preceding the election in a 
newspaper published in each county of the State in which a 
newspaper is published, and in counties where no newspaper is 
published the same shall be posted at the court house door in 
said county not less than eight weeks before said elections. 

Approved September 17, 1915. 


No. 580.) (H. 966—Darden. 

AN ACT 


To authorize the courts of county commissioners, board of revenue, or other 
like governing bodies of the several counties of the State to worK 
county and State convicts on the public roads and bridges of the 
spective counties to hire their county convicts to the governing bodies 
of other counties, to authorize the governing bodies of the several coun¬ 
ties, to hire from the governing bodies of other counties t^r county 
convicts, and to authorize the governing bodies of the several countie 
to hire from the State of Alabama State convicts for the P^rposes of 
working, grading, building and maintaining the public roads and bridges 
of the several counties of the State and to pay for such 
and to employ the necessary guards to prevent the escape of convicts 
and to procure medical treatment for convicts so employed, and to pur¬ 
chase the necessary cells and equipment for the confinement of said 
convicts. 


Be it enacted by the Legislature of Alabama: 

Section 1. That the courts of county commissioners, boards 
of revenue, or other like governing bodies of the several counties 
of this State are hereby authorized to work county and State 
convicts on the public roads and bridges of their respective 

counties. . . ,. 

Sec. 2. That the courts of county commissioners, boards 

of revenue, or other like governing bodies of the several counties 



631 


of this State, are hereby authorized to hire their county convicts 
to, hire from, or exchange with, the several governing bodies of 
other counties, county convicts, under such agreement or con¬ 
tract as may be agreed upon by said governing bodies of the 
contracting counties, for the purposes of working, grading, 
building and maintaining the public roads and bridges of their 
respective counties. 

Sec. 3. That the said governing bodies of the several coun¬ 
ties of this State are authorized to hire form the State of Ala¬ 
bama any State convicts they may contract for from the State 
convict department for the same ptirposes as set out in section 
one of this act, upon such terms as may be agreed upon, and 
under such regulations as may be prescribed by the State con¬ 
vict department. 

Sec. 4. That the said governing bodies of the several coun¬ 
ties are authorized to purchase the necessary cells, tents, equip¬ 
ment and clothing, and to hire sufficient guards for the safe¬ 
keeping and maintaining the convicts on the public roads of 
the respective counties, and to procure the necessary and proper 
medical treatment of the convicts so employed. 

Sec. 5. That the several governing bodies of counties which 
hire and work convicts as hereinabove provided are hereby au¬ 
thorized to pay for such hire out of any funds available for road 
and bridge building and improvement in their several counties. 

Sec. 6. All laws and parts of laws in conflict with the 
provisions of this act are hereby expressly repealed. 

Approved September 21,1915. 


No. 582.) (H. 997—Chamberlain.) 

AN ACT 

To authorize shipping from within the State of Alabama to points without 
the State of Alabama, spirituous, vinous and malt liquors, and other 
liquors and beverages, the sale of which is prohibited by the laws of the 
State of Alabama; to prescribe the condition under which same may be 
shipped, and to fix the time within which same may be shipped. 

Be it enacted, by the Legislature of Alabama: 

Section 1. That the term “prohibited liquors’’ wherever used 
in this bill shall he so construed as to cover and include all 
spirituous, vinous and malt liquors, and other liquors and bev¬ 
erages prohibited by the laws of the State of Alabama to be sold, 
given away or otherwise disposed of, or kept for sale. 



632 


Sec. 2. That it shall be lawful for the owner of any prohib¬ 
ited liquors, whether the same has been seized bv an officer or 
not, to ship or transport such prohibited liquors from any point 
within the State of Alabama to any point without the State of 
Alabama, provided the same is to be so shipped or transported 
in accordance with the terms of this act. 

Sec. 3. That such liquors or beverages which have been 
seized by the sheriff of any county in the State of Alabama, or 
by the chief of police of any city, town or municipality in the 
State of Alabama, or by any other officer of the State of Ala¬ 
bama since June 30th, 191*5, may be shipped from the place 
within the State of Alabama where such seized liquors now are 
to any point without the State of Alabama, provided that said 
place where such liquors are to be shipped is not within a pro¬ 
hibition district, such shipment to be made in accordance with 
the provisions and requirements of section five of this act. 

Sec. 4. That any person, firm or corporation who has in 
his, their or its possession, any of such prohibited liquors, and 
which has not been seized by the sheriff of any county in this 
State, or by any chief of police of any city, town or municipal¬ 
ity in this State, or by any other officer, shall have the right to 
ship or transport from any point within the State of Alabama 
to any point without the State, provided said point or place to 
which said shipment is made is not within a prohibition dis¬ 
trict, and provided such shipment or transportation is made 
and had in accordance with the provisions of section five of this 
act. 

Sec. 5. That any of the prohibited liquors which are now 
in the custody of any sheriff of any county of the State of Ala¬ 
bama, or the chief of police of any city, town or municipality in 
the State of Alabama, or any other officer of said State, may be 
shipped or transported as provided for in this act in the fol¬ 
lowing manner: The owner of such prohibited liquor which is 
in the possession of either of said officers shall notify such offi¬ 
cer of his desire to ship such liquors to a point without the 
State of Alabama, such notice to set out the owner of the pro¬ 
hibited liquors, when and where the same was seized, the place 
to which the said owner desires to ship such prohibited liquors; 
upon such written statement being filed with said officer, he, 
the said officer, shall allow the said owner to ship said prohib¬ 
ited liquors provided that same were seized by such officer after 
June 30th, 1915, to some point without the State of Alabama, 
provided such place out of the State is not within a prohibition 
district. If the owner does so ship or transport such prohib- 



633 


ited liquors, he shall do so under the supervision and direction 
of the sheriff, chief of police, or other officer having control of 
the same, and such officer shall personally or by deputy, accom¬ 
pany said liquors from the place where same is now stored to 
the carrier to be used i'n transporting the same, and see that 
same is placed aboard said carrier for shipment to some point 
without the State and not within a prohibition district. Such 
officer shall see that a bill of lading is properly made out, which 
bill of lading shall show that the said prohibited liquors so 
shipped is billed to a point without the State of Alabama, and 
not within a prohibition district. Any person, firm or corpor¬ 
ation having in his, their or its possession in the State of Ala. 
barna any of the prohibited liquors, which liquors have not been 
seized by an officer of the law and who shall desire to ship the 
same under the authority herein given, shall notify in writing 
the sheriff of the county in which such liquor is stored, or chief 
of police of the city, town or municipality in which said liquor 
is stored, or any other officer of such city or county where such 
liquors are stored, of his desire to so ship said prohibited liq¬ 
uors, and shall set out in such notice where such liquors are 
stored, the quantity of same, and such officer shall thereupon 
take charge of such liquor, and see that the same is shipped to 
a point without the State, and not within a prohibition district. 
Such shipment of prohibited liquors not seized shall be made 
in the same manner as are the shipments of the seized prohibit¬ 
ed liquors. 

Sec. 6. The owner of such prohibited liquors so shipping 
the same from within the State shall pay all costs attached to 
hauling such liquors to the carrier, and loading same on the 
carrier, and freight on same to point of destination, and shall 
also pay whatever fees are due the officers for superintending 
the shipping of the same, such fees to be five dollars for each day 
or part thereof consumed in supervising said shipment and in 
no event shall the State of Alabama, or any city, town, or mu¬ 
nicipality or county thereof be taxed with any cost in connec¬ 
tion herewith. 

Sec. 7. The idea and intent of this act is to allow the own¬ 
ers of the prohibited liquors in this State, where the same has 
been seized after June 30th, 1915, and where same has not been 
seized at all, to ship the same out of the State of Alabama to 
some point in another State, which latter point must not be 
within a prohibition district, and to provide that such ship¬ 
ment shall be under the supervision of some officer of the law 
so as to prevent any owner of any such prohibited liquors from 



634 


in any way evading the law and retaining any of such prohib¬ 
ited liquors within the State. 

Sec. 8. That privilege to ship from within the State of Ala¬ 
bama to a point within another State of such prohibited liq¬ 
uors shall extend for a period of twenty (20) days from the 
approval of this act, and shall not apply to any liquors seized 
by any officer in this State prior to June 30th, 1915. 

Sec. 9. No officer of the law or other person shall have 
any authority after twenty (20) days from the approval of 
this act to allow any person, firm or corporation to ship from 
within the State of Alabama to some point without the State 
of Alabama any of the prohibited liquors. 

Approved September 17, 1915. 


No. 583.) (H. 1001—Chamberlain. 

.. AN ACT 

To render void any agreement permitting the bringing of suit before a jus- 
tice of the peace in any precinct other than a precinct where said suit is 
authorized by the laws of this State to be brought, if said agreement is 
made before said suit is filed. 

Be it enacted by the Legislature of Alabama: 

Section 1. That any agreement permitting the bringing of 
a suit before a justice of the peace in any precinct other than 
a precinct where said suit is authorized by the laws of this 
State to be brought, shall be null and void, if made before the 
filing of the suit. 

Approved September 17, 1915. 


No. 584.) (H. 1281 Stough. 

AN ACT 

To appropriate the sum of fifty-nine and 25/100 dollars to the Southern 
Typewriter Exchange, Montgomery, Alabama, to pay for work and la¬ 
bor and repairs done on typewriters belonging to the State of Alabama. 

Be it enacted by the Legislature of Alabama: 

That the sum of fifty-nine and 25/100 dollars is appropriat¬ 
ed out of any moneys in the State treasury, not otherwise ap¬ 
propriated, to Southern Typewriter Exchange, Montgomery, 
Alabama, being to pay for work and labor done and repairs to 
typewriters owned by the State of Alabama. 



635 


Sec. 2. That upon the approval of this act by the Governor, 
the State auditor is directed to draw his warrant on the State 
treasury for the said sum of fifty-nine and 25/100 dollars. 

Sec. 3. Provided, however, that the Governor, the Attor¬ 
ney General, the State auditor, the State treasurer and the 
director of the department of archives and history shall be and 
constitute a commission whose duty it shall be to ascertain how 
much is due, and shall make an award in writing to the Govern¬ 
or as to the amount so due, and the said Governor shall in writ¬ 
ing, order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due, and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 17, 1915. 


No. 585.) (H. 1641—Chamberlain. 

AN ACT 

To limit costs in civil suits other than unlawful detainer suits involving not 
more than fifty dollars ($50.00) brought or instituted in inferior courts 
located or established in counties having a population of not less than 
80,000 nor more than 100,000 according to the last Federal census or any 
subsequent Federal census. 

Be it enacted by the Legislature of Alabama: 

1. The provisions of this act shall refer to and apply only 
to inferior courts located or established in counties of Alabama 
having a population of not less than 80,000 nor more than 100,- 
000 according to the last federal census or any subsequent fed¬ 
eral census. 

2. That in any civil suit involving not more than fifty dol¬ 
lars ($50.00), other than unlawful detainer suits, instituted 
in any inferior court located or established in any county in 
this State having a population of not less than 80,000 nor more 
than 100,000 according to the last federal census or any subse¬ 
quent federal census, the costs or the fees of the clerk of such 
court or of such court shall not exceed the sum of one dollar 
($1.00), and the fees of the sheriff for any and all services ren¬ 
dered by him shall not exceed one dollar ($1.00). 

3. That the idea and intention of this act is to limit the 
fees of the sheriff to $1.00 and the court in which such suit is 
instituted to not more than one dollar ($1.00) for all services 
rendered in connection with such suit and this act shall be so 



636 


construed as to have the effect of such intention and purpose. 

4. That the fees herein allowed to the sheriff for services 
shall include all services to be rendered by him of every na¬ 
ture including the execution of writs or processes issued out of 
or by said court. 

5. That if any section of this bill is declared to. be uncon¬ 
stitutional, the same shall not affect the remaining or other sec¬ 
tions of the act. 

6. All laws, general, special or private, in conflict herewith 
are hereby repealed in so far as they relate to counties of the 
population hereinabove set out. 

7. That this act shall include all inferior civil courts in 
counties having a population of not less than 80,000 nor more 
than 100,000 according to the last federal census or any sub¬ 
sequent federal census whether the same has jurisdiction of the 
entire county or only within a municipality thereof. 

8. This act shall take effect immediately upon its passage 
and approval. 

Approved September 17, 1015 


No. 586.) (H. 1327—Blackwell. 

AN ACT 

• 

To appropriate the sum of nine hundred thirty and 46/100 dollars ($930.46) 
to the Brown Printing Co. for printing and binding the biennial report 
of the railroad commission. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the sum of nine hundred thirty and 46/100 
dollars ($930.46) is hereby appropriated out off any money in 
the State treasury not otherwise appropriated, to The Brown 
Printing Co. for printing and binding the biennial report of the 
railroad commission. 

Sec. 2. That upon the approval of this act by the Govern¬ 
or, the State auditor is directed to draw his warrant in favor 
of said The Brown Printing Co. on the State treasurer for the 
said sum of nine hundred thirty and 46/100 dollars ($930.46). 

Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due, and shall make an award in writing to the Governor as 



637 


to the amount so due, and the said Governor shall in writing, 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due, and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 17, 1915. 


No. 587.) (H. 1113—Copeland. 

AN ACT 

For the relief of John G. Bradley, former clerk of the criminal court of Jef¬ 
ferson county. 

That whereas John G. Bradley, while clerk of the criminal 
court of Jefferson county, on, to-wit, the 7th day of September, 
1911, in compliance with the provisions of an act entitled “An 
act to regulate the disposition and disbursement of witness fees 
collected by clerks of courts of record and which fees have not 
been paid out to the parties entitled thereto within two years 
after collection by the clerk,” approved August 26th, 1909 
(Acts 1909, p. 213), did pay into the treasury of the State 
unclaimed witness fees theretofore collected by him as clerk of 
said court in the sum of one thousand one hundred thirty-five 
and 99/100 ($1,135.99) dollars, upon the supposition that such 
payment was required by said act, and 

Whereas, it has been decided by the Supreme Court, in the 
case of Blake v. State, ex rel. Going, et al., 178 Ala. 407, that 
the said act of 1909 was repealed by an act entitled “An act to 
regulate the disposition and disbursement of witness fees col¬ 
lected by clerks of courts of record and which fees have not 
been paid out to the parties entitled thereto within two years 
after collected by the clerk,” approved April 5th, 1911, (Acts 
1911, page 200), and held, in construing the two acts, that 
unclaimed witness fees were made payable to the county treas¬ 
urer, and not to the State treasurer, and 

Whereas , the treasurer of Jefferson county now demands 
of said John G. Bradley that said sum of one thousand one 
hundred and thirty-five and 99/100 ($1,135.99) dollars be paid 
to him as such treasurer; 

Now t , therefore, be it enacted by the Legislature of Alabama, 
That the State auditor be, and is hereby authorized and required 
to draw a warrant on the State treasurer in favor of the treas¬ 
urer of Jefferson county for said amount, and that the said w r ar- 



638 


rant be paid by the State treasurer out of the funds of said 
State, whereupon the said John G. Bradley shall be relieved of 
all liability to Jefferson county for the payment of said sum. 

Sec. 2. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and con¬ 
stitute a commission whose duty it shall be to ascertain how 
much is due, and shall make an award in writing to the Gov¬ 
ernor as to the amount so due and the said Governor shall in 
writing order the State auditor to draw his warrant upon the 
State treasurer for the amount ascertained to be due and it 
shall be the duty of the State treasurer to pay said warrant 
out of any money in the treasury not otherwise appropriated.” 

Approved September 20, 1915. 


No. 588.) 


(H. 475—Smith of Crenshaw. 
AN ACT 


For the relief of T. R. Folmar, captain of Company “I,” Second Regiment, 
Alabama National Guard for hospital expenses incurred while on duty 
with the Alabama National Guard at Montgomery. Whereas, in the 
month of July, 1914, the Alabama National Guard was ordered into ser¬ 
vice for the purpose of instruction and training, and whereas, in obedi¬ 
ence to orders the Alabama National Guard went into its annual en¬ 
campment in the city of Montgomery, and T. R. Folmar, being a captain 
of infantry, while engaged in the duties of his said office at and during 
said encampment was taken suddenly and seriously ill and on account of 
insufficient hospital facilities at the military camp, said T. R. Folmar 
was carried to a local infirmary operated and maintained by private in¬ 
dividuals, and whereas, T. R. Folmar on account of medical and surgical 
attention received while an inmate of said infirmary, was required to 
pay and did pay out of his private funds, the sum of one hundred, ten 
and no/100 ($110.00) dollars; therefore, 

Section 1. Be it enacted by the Legislature of Alabama, 
That the sum of $110.00 is hereby appropriated out of any mon¬ 
ey in the treasury not otherwise appropriated for the purpose 
of paying to the said T. E. Folmar the money so paid by him; 
and on the passage of this act the auditor is authorized and di¬ 
rected to draw his warrant on the treasurer in favor of the said 
T. R. Folmar for said sum of one hundred and ten dollars. 
Approved September 17, 1915. 



No. 589. ) 


639 


(H. 1206—Grayson of Mobile. 
AN ACT 


AlaLma X ^ nds ”P° n navigable waters in the State of 

privilege in front of their riparian lands, of in- 

converors^a^^p d r? S V ware ^°. u ? es ’ sheds, tipples, chutes, elevators, 
+^5/ ® llke for receiving, discharging, storing, protecting 

merw to^anii unl , oadin ? freight and commodities of com- 

Xnectk.nTL f r 0 ^+n eSSe i S f nd , ca rners, and to use the riparian land in 

s eX d .rsufb.,“L d s. p s, Z arsis 

S?£5ES£3Bff.SaSB? •‘“S- - d - 


Be it enacted by the Legislature of Alabama: 

• A.' AS 3 ! &n l ° wner of ^Parian lands upon navigable waters 
in the State of Alabama shall have the right and privilege of 
installing m front of their respective riparian lands, wharves, 
doclis warehouses, sheds, tipples, chutes, elevators, conveyors 
and the like for receiving, discharging, storing, protecting, 
transferring, loading, and unloading freight and commodities of 
commerce to and from vessels and carriers, and shall have the 
further right to use their riparian lands in connection there¬ 
with, and to dredge out and deepen the approaches thereto, and 
to charge and collect reasonable tolls for the use thereof, pro- 
vided, however, that all such structures are to be subject to 
such lines and limitations as may at the time of making such 
improvements be laid or placed by any authority of the United 
states, or of the State of Alabama who may have authority to 
control harbor and pier lines. Provided, further, that no such 
structure shall be built or maintained upon or over the lands of 
the State or lands underlying the navigable waters of the State 
so as to in any wise unreasonably obstruct navigation, or the 
freedom of the use of the navigable water of the State for com¬ 
merce and navigation, or for harbor purposes; nor shall any 
charge be exacted of any vessel, barge, boat or raft, either singly 
or in fleets, for anchoring, mooring, or tying up or remaining 
on the navigable waters, presumptive or established, either or 
both of them, or alongside of or on the lands, of the State abut¬ 
ting thereon or thereunder, not then occupied by the structures 
and improvements placed thereon or therein pursuant hereto 1 
or in the waters in front of said wharves and other structures 
so long as the reasonable use of said wharves and other struct¬ 
ures occupying the lands of the State, or the aforesaid navigable 
waters of the State, or the use of the approaches to said walls 



640 


and other structures, or the coaling of vessels using same, is not 
unreasonably restricted, interfered with or prevented thereby. 
Subject, however, to the further reservation and right of the 
Legislature or other authority constituted by it for such pur¬ 
pose, to vacate or cause to be vacated and repossess or cause to 
be repossessed by the State so much of said riparian lands be¬ 
longing to it, as may be at any time necessary for use by the 
State or Federal government, in aid of navigation and com¬ 
merce or for harbor purposes, or to insure the freedom and safe¬ 
ty of navigation or the public or the property abutting upon the 
navigable waters of the State, but not otherwise, and to that 
end may proceed under its right of eminent domain as to any 
structures thereon, so that the right of the State and the public 
may be preserved and insured under section 24 of article 1 of 
the Constitution of Alabama. Provided, further that all tolls, 
imposts, charges and duties authorized hereunder for the use of 
said wharves and other structures occupying the lands of the 
State or connected therewith, at all times hereafter be subject 
to regulation and revision by the Legislature or other authority 
now existing or hereafter created by it for such purpose, to¬ 
gether with the right and authority of the Legislature to fix and 
define or to delegate to an authority constituted by it the right 
and power to fix, define and prescribe reasonable tolls, imposts, 
charges and duties for the use of said wharves, and other struct¬ 
ures, and to prevent unjust discriminations with respect 
thereto. 

Approved September 22,1915. 


No. 590.) (H. 1584—Morris. 

AN ACT 

To amend an act entitled an act “To regulate the sale of cotton seed meal,” 
approved November 22nd, 1907. 

Be it enacted by the Legislature of Alabama : 

That section 1 be amended to read as follows: 

Section 1. That any person, firm or corporation offering 
for sale any cotton seed meal in this State shall have tags at¬ 
tached to each bag with the guaranteed analysis of such meal 
printed thereon, and, in case of sale in bulk, shall have such 
analysis set forth in the contract of sale, stating the per cent 
of ammonia, phosphoric acid, potash and protein and fat con- 



641 


tained therein; and no cotton seed meal containing less than 
seven and one-half per cent of ammonia shall be sold as fertili¬ 
zer in this State. 

Sec. 2. That all cotton seed meal containing 8 per cent of 
ammonia and 45 per cent of protein and fat shall be stamped or 
tagged high grade, and all cotton seed meal offered for sale in 
bags or other packages or parcels which contain not less than 
seven and a half per cent of ammonia and not less than 43 per 
cent of protein and fat shall be stamped or tagged prime meal. 
All cotton seed meal offered for sale in sacks or bags or other 
packages or parcels which contain less than 7 per cent of ammo¬ 
nia and 35 per cent of protein and fat shall be classed and 
branded as low grade meal. Should any manufacturer of cot¬ 
ton seed meal increase the per cent of ammonia by adding ni¬ 
trate of soda or sulphate of ammonia he shall be guilty of a mis¬ 
demeanor, and on conviction, shall, in the discretion of the 
court forfeit their sale of contract. 

Approved September 17, 1915. 


No. 592.) (H. 1302—Thompson of Baldwin. 

AN ACT 

To amend section five of an act entitled “An act to provide for the appoint¬ 
ment of an official stenographer for the second judicial circuit of Ala¬ 
bama, and to prescribe his duties and to fix his compensation,” ap¬ 
proved August 9th, 1907, as amended by an act of the Legislature of 
Alabama, approved March 29th, 1911. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section five of an act entitled “An act to 
provide for the appointment of an official stenographer for the 
second judicial circuit of Alabama, and to prescribe his duties 
and to fix his compensation,” approved August 9th, 1907, as 
amended by an act of the Legislature of Alabama, approved 
\ March 29, 1911, be and the same hereby is amended to read as 
follows: Section 5: Said official stenographer shall receive 
eighteen hundred ($1,800.00) dollars annually, payable in quar¬ 
terly installments, in equal amounts, by the counties now or 
hereafter comprising the second judicial circuit of Alabama. 
i The courts of county commissioners or boards of revenue of the 
respective counties now or hereafter comprising the said second 


21 GA 



G42 


judicial circuit of Alabama are hereby required to provide for 
the payment of said salary in said quarterly installments. 

Sec. two. That the provisions of this act shall terminate 
on and after the first Monday after the second Tuesday in Jan¬ 
uary, 1917, and the general law governing court stenographers 
will then become the law concerning the stenographer for the 
second judicial circuit. 

Approved September 22, 1915. 


No. 590.1 <H. 1542—Davis. 

AN ACT 

To amend section 4950 of the Code of Alabama, A. D. 1907, vessels exempt 

from pilotage. 

Be it enacted by the Legislature of Alabama: 

That section 4950 of the Code of Alabama A. D. 1907 be 
amended as follows: (1) 4950. Vessels exempt from pilotage. 
All vessels, whether sail, steam or propelled by any other motive 
power, including vessels, barges and rafts in tow, engaged in 
coastwise trade and plying between ports on the Atlantic coast 
or the coast of the Gulf of Mexico and bay or harbor of Mobile, 
including those engaged in trade or plying upon the navigable 
rivers of the State of Alabama, shall be exempt from payment 
of any pilotage fee whatsoever, and shall not be required to have 
the services of a pilot in crossing the outer bar of Mobile Bay 
or navigating the waters of said bay or other navigable waters 
of the State of Alabama. 

Approved September 17, 1915. 


No. 597.) 


AN ACT 


(H. 1489—Kaylor. 


To appropriate the sum of sixty dollars for the year ending Sept. 30th, 

and the further sum of sixty-nine dollars for the year ending Sept. 30, 
1914, to H. M. Mickle, of Randolph county, a Confederate soldier, as a 
Confederate pension for such year. 


Be it enacted by the Legislature of Alabama : 

1. That the sum of sixty dollars for the year ending Sep- > 
tember 30, 1913, and the further sum of sixty-nine dollars for 


i 



643 


the year ending September 30th, 1914, be and the same is hereby 
appropriated for the benefit of H. M. Mickle of Randolph coun¬ 
ty, a Confederate soldier, as a Confederate pensioner for said 
years; and the State auditor is hereby authorized and directed 
to drau his warrant for the sum of one hundred and twenty- 
nine dollars upon the State treasurer in favor of H. M. Mickle, 
and the State treasurer is hereby authorized and directed to pay 
the same out of any money in the treasury not otherwise annro- 
priated. 

Approved September 17, 1915. 


600.) (H. 1209—Vaughan. 

AN ACT 

To appropriate the sum of “One hundred and seventy-one dollars” to the 

Brown Printing Co. for printing furnished the immigration commis¬ 
sioner and land agent. 

Be it enacted by the Legislature of Alabama: 

Sec. 1. That the sum of one hundred and seventy-one dol¬ 
lars is appropriated out of any money in the State treasury not 
otherwise appropriated, to the Brown Printing Co., said amount 
being due for printing done for the immigration commissioner 
and the land agent. 

Sec. 2. That upon the approval of this act by the Governor 
the State auditor is directed to draw his warrant on the State 
treasurer for the said sum of one hundred and seventv-one dol¬ 
lars. 

Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due, and shall make an award in writing to the Governor as 
to the amount-so due, and the said Governor shall in writing, 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due, and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 17, 1915. 



644 


No. 601.) (H. 410—Kelley. 

AN ACT 

To appropriate out of the general funds of the State not otherwise appro¬ 
priated the sum of fourteen hundred and fifty-five dollars ($1,455.00) 
for the relief of the children of B. A. Forrester and J. S. Forrester, late 
partners under the firm name of B. A. Forrester & Brother, namely: 
Mrs. Theodosia Folke, R. B. Forrester, S. S. Forrester, V. T. Forrester, 
0. A. Forrester, H. G. Forrester, Mrs. Cenie Pilcher, W. R. Forres¬ 
ter, F. C. Forrester, Sibbie Forrester, F. F. Forrester, Mrs. Ottie 
Hodges, K. L. Forrester, Mrs. Elvie Copeland and Mrs. Ethel Cherry. 

Whereas on the 12th day of September, 1902, the State of 
Alabama conveyed to B. A. Forrester & Brother, a firm com¬ 
posed of B. A. Forrester and J. S. Forrester, section 16, town¬ 
ship 1, range 27, east, of land of what was then Henry county, 
but is now Houston county, Alabama, containing six hundred 
and forty acres, (640) more or less and, received from the said 
B. A. Forester & Brother, for said lands, the sum of one thou¬ 
sand four hundred fifty-five and no/100 dollars, ($1,455.00), 
and, whereas at the time of said sale the State of Alabama, had 
no title to three-fourths (%) of said land, the same having 
been previously sold to John C. Knight, and whereas, since said 
date the said John C. Knight has paid the State of Alabama, 
for said land and received payment therefor from him, and 
whereas, the said B. A. Forrester and J. S. Forrester are dead. 

Therefore, Be it enacted by the Legislature of Alabama: 

Section 1. That there is hereby appropriated out of the gen¬ 
eral funds of the State of Alabama the sum of fourteen hun¬ 
dred and fifty-five dollars ($1,455.00), to be paid to the children 
of B. A. Forrester and J. S. Forrester to-wit: Mrs. Theodosia 
Folkes, R. B. Forrester, S. S. Forrester, Y. T. Forrester, O. A. 
Forrester, H. G. Forrester, Mrs. Cenie Pilcher, W. R. Forrester, 
F. C. Forrester, Sibbie Forrester, F. F. Forrester, Mrs. Ottie 
Hodges, K. L. Forrester, Mrs. Elvie Copeland and Mrs. Ethel 
Cherry. 

Sec. 2. That the auditor of the State of Alabama shall, and 
he is hereby directed to draw his warrant on the treasurer of the 
State of Alabama, payable to Mrs. Theodosia Folkes, R. B. 
Forrester, S. S, Forrester, V. T. Forrester, O. A. Forrester, 
H. G. Forrester, Mrs. Cenie Pilcher, W. R. Forrester, F. C. For¬ 
rester, Sibbie Forrester, F. F. Forrester, Mrs. Ottie Hodges, 
K. L. Forrester, Mrs. Elvie Copeland, Mrs. Ethel Cherry, the 
children of the said B. A. Forrester and J. S. Forrester, for the 
sum of fourteen hundred and fifty-five dollars ($1,455.00). 



645 


Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due, and shall make an award in writing to the Governor as 
to the amount so due, and the said Governor shall in writing, 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due, and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 17, 1915. 


No - 602 -) (H. 1531—Darden. 

AN ACT 

To provide for the relief of Irby Collins and to make an appropriation there- 
1 ° r * i Whereas, Irby Collins was tried and convicted in the county court 
oi Clay, in 1911, on the charge of an assault with intent to murder 
H aw kms, an d sentenced to the penitentiary for five years, and 
the btate received from said services one hundred and twenty-five dol¬ 
lars, net; whereas, after the said Irby Collins had served for the State 
u ? c *^ r sentence five months and eighteen days, a party by the name 
0 „ Collins confessed to the assault with the intent to murder the 

said Hawkins, and exonerating the said Irby Collins on said charge, and 
has served out said sentence or did serve same until he was paroled, or 
pardoned, therefore, F ’ 

Be it enacted by the Legislature of Alabama: 

1. That the State auditor be and he is hereby required to 
draw his warrant on the State treasurer of Alabama for one 
hundred and twenty-five dollars, payable to the said Irby 
Collins, and payable out of any funds not otherwise appro¬ 
priated. 

Sec. 2. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer, and the director 
of the department of archives and history shall be and constitute 
a commission whose duty it shall be to ascertain how much is 
due and shall make an award in writing to the Governor as to 
the mount so due and the said Governor shall in writing order 
the State auditor to draw his warrant upon the State treasurer 
for the amount ascertained to be due and it shall be the duty 
of the State treasurer to pay said warrant out of any monev in 
the treasury not otherwise appropriated. 

Approved September 17, 1915. 



646 


No. 605.) (H. 1408—Youngblood. 

AN ACT 

To amend section 43 of the Code of Alabama, 1907 (relates to securing sam¬ 
ples of fertilizers). 

Be it enacted by the Legislature of Alabama: 

1. That section 43 of the Code of Alabama, 1907, be and the 
same is hereby amended so as to read as follows: “43. (391) 

(143). Samples; how produced .—The commissioner of agricul¬ 
ture and industries shall be required to secure samples of each 
and every brand of fertilizer or fertilizer material and of each 
and every brand of feeds and to carry into execution the provis¬ 
ions of the produce law. In order to carry out these purposes he 
may employ two fertilizer samplers and feed samplers who shall 
be trained men in the sciences or the practice of agriculture, 
and, in addition to securing samples of each and every brand of 
fertilizer material and feeds offered for sale or exchange in Ala¬ 
bama, to assist in carrying out the provisions of the produce 
law, and may be required to hold farmers institutes over the 
State and to perform such other duties as the commissioner of 
agriculture and industries may require, and said samplers shall 
receive samples of each and every brand of fertilizers or fertili¬ 
zer materials and every brand of feeds offered for sale or ex¬ 
change in the State of Alabama. Samplers to be paid out of any 
moneys in treasury to the credit of the department of agricul¬ 
ture and industries, their salaries to be fifteen hundred dollars 
per annum and expenses, payable monthly, which shall be veri¬ 
fied by affidavit and approved by the commissioner of agricul¬ 
ture and industries. Said samples of fertilizer to be prociired in 
the following manner: Samples drawn with such an instru¬ 
ment as shall secure the core from the entire length of the pack¬ 
age from lots less than ten packages from each sack, barrel or 
package, and from lots of ten packages or more, samples to be 
taken from not less than ten packages, and after thoroughly 
mixing the samples so drawn, he shall by the method know as 
quartering, draw from such thoroughly mixed samples, two 
sub-samples, and with them fill two sample bottles of not less 
than eight ounce capacity each, and shall plainly mark on each 
of said bottles the number of said sample, said number to corre¬ 
spond with the record kept by the commissioner in his office, 
giving the name of the fertilizer or fertilizer material, the name 
of the manufacturer, the guaranteed analysis, place where the 
sample was secured, the name of the party from whom the sam- 



647 


p e was taken, and the date of the sampling. One of said sam¬ 
ples shall be retained by said commissioner of agriculture and 
industries in bis office, the other of said samples, marked onlv 
y sait number, shall be sent to the State chemist, who shall 
make a complete analysis of the same, setting forth and the 
percentages of water, soluble phosphoric acid, citrate soluble, 
p 10S P one acid (for the sum together of these tw r o components, 
constituting the available phosphoric acid, as may be required 
by the commissioner of agriculture and industries), available 
phosphoric acid, acid soluble (or insoluble) phosphoric acid, ni¬ 
trogen and potash, or such of these constituents as may be pres¬ 
ent, and certify under the same number as marked, said analysis 
to said commissioner, which analysis shall be recorded as offi¬ 
cial and entered opposite the brand of fertilizer or fertilizer ma¬ 
terial, which the number represents; such official analysis of 
such fertilizer or fertilizer material under the seal of the com¬ 
missioner of agriculture and industries shall be admissible as 
evidence m any of the courts of this State on trial of any issue 
involving the merits of such fertilizer or fertilizer material 
Approved September 22, 1915. 


No. 606.) 


(H. 1296—Stephenson. 

AN ACT 


F ° r rifnfoa ? f M r,r L ' A' Woods °n, widow of Landon A. Woodson, an ex- 
Confederate soldier, being a resident of Walker county, Alabama. 


Whereas Landon A. Woodson, who died on the 11th day of 
June, 1914, was a worthy ex-Confederate soldier and entitled to 
receive a pension from the State of Alabama, and 

Whereas said Landon A. Woodson did on the 17th day of 
April, 1913, make application for a pension as such ex-Confed¬ 
erate soldier, and submitted his proof in support of such appli¬ 
cation, which proof was sufficient to entitle said Landon A. 

Woodon’s name to be placed on the pension roll of the State, 
and ’ 

Whereas the proof so made by said Landon A. Woodson, was 
lost or misplaced by the pension board of Walker county, Ala¬ 
bama, to which board said proof was submitted, and 

Whereas on account of the loss by said pension board of the 
proof so made by Landon A. Woodson, a pension was not grant¬ 
ed or issued to said Woodson, although he was entitled to same 
from the 17th day of April, 1913. 



648 


Now therefore, be it enacted by the Legislature of Alabama: 

Section 1. That the auditor of the State of Alabama be and 
he is hereby authorized and required to draw his warrant on the 
treasury of Alabama for one hundred ($100.00) dollars, to be 
issued and payable to Mrs. Landon A. Woodson, the widow of 
Landon A. Woodson, an ex-Confederate soldier, for the pension 
money which should have been paid him from the 17th day of 
April", 1913, to the 11th day of June, 1914, said sum to be paid 
out of such money in the pension fund of the State as is not oth¬ 
erwise appropriated. 

Approved September 22,1915. 


No. 610.) 


AN ACT 


(H. 880—Brindley. 


To prevent the spread of tuberculosis by the creation of a tuberculosis com¬ 
mission, to provide for its organization and work, and to authorize the 
erection and maintenance of local hospitals under its supervision. 


Be it enacted by the Legislature of Alabama: 

Section 1. That there be hereby created a board to be 
designated the Alabama tuberculosis commission for the pur¬ 
pose of (a) Disseminating as widely as possible knowledge o 
tuberculosis and the methods of preventing and casing for the 

same, (b) Promoting and encouraging the establishment and 

maintenance of hospitals for the treatment of tuberculosis in 
such areas as may seem advisable and controlling the adminis¬ 
tration thereof, (c) Co-operating as fully as possible with all 
anti-tuberculosis organizations, and assisting in the activities 
of said organizations. 

Sec. 2. Such commission shall have all the rights and pow¬ 
ers necessarv to, or promotive of the end of its creation, and 
shall be charged with all the corresponding liabilities and 
responsibilities thereof. 

Sec 3 Said commission shall consist of nine (9) members, 
of whom the State health officer shall be one (ex-officio). For 
the purpose of establishing said commission, the Governor 
within 30 days after the approval of this act, shall appoint 
eteht (8) members, in addition to the State health officer, of 
these eight (8) members so appointed, two (2) shall hold office 
for one (1) year, two for two (2) years, two for three (3) 
years and two for four (4) years. Four members of the board 
shall always be physicians. 



649 


Sec. 4. When the term of any member appointed bv the 
Governor under section 3 of this act shall expire, the remain¬ 
ing members shall, by written ballot, elect his successor. The 
member so elected shall hold office for the term of four (4) 
years, and until his successor is elected and qualified. If a 
vacancy occurs in any other manner than by natural expiration 
of the term of the member, said commission shall in like man¬ 
ner elect a member for said unexpired term. At every session 
of the Legislature, the secretary of said commission shall certify 
to the Senate the names of all who have been so elected since the 
last legislative session, and the Senate shall confirm or reject 
them. If the Senate shall reject the name of any member so 
certified, it shall thereupon elect a member in place of one so 
rejected. No member of said commission shall receive anv pay 
or emolument other than actual expenses incurred in discharge 
of his duties as such, provided, that the commission, at its dis¬ 
cretion, may pay from any funds at its disposal, a reasonable 
compensation to its secretary. Said secretary may be chosen 
from the membership of said commission. 

Sec. 5. Five members of the commission shall constitute a 
quorum. Every member present shall be required to vote, and a 
majority of those so voting shall control. At their first meeting, 
to be held within fifteen days after the appointment of said 
members, said commission shall organize by the election of a 
president, a secretary and other necessary officers who shall 
hold office until their successors are elected and qualified. 

Sec. 6, The commission shall meet at least once a year; they 
shall adopt regulations or by-laws fixing the time, place and 
manner of calling said annual meeting or other regular or anv 
special meetings as may be advisable, and also by-laws neces- 
sary for the general control of its meetings or furthering the 
work of said commission. 

Sec.^ 7. The proceedings of said commission shall be re¬ 
corded m a suitable manner. The secretary shall be the execu¬ 
tive officer of said commission. The certificate of the secre¬ 
tary, or, in his absence, of the president, shall entitle the sev¬ 
eral commissioners to receive from any funds at the disposal of 
said commission any compensation to "which he may be entitled 
under the provisions of this act. Any necessary incidental 
expenses of the commission shall be paid from any funds at 
its disposal on the certificate of its secretary. 

Sec. 8. It shall be the duty of the secretary to make to the 
Governor a. full report of the transactions of said board em¬ 
bracing an itemized account of all receipts and disbursements. 



650 


Sec. 9. The said commission may acquire by gift, purchase 
ur otherwise, any real or personal estate, necessary or suitable 
for furthering the purpose of its creation and existence, and may 
hold the same in trust or in fee, and control or dispose of the 
same for said purposes as may in its judgment seem best. 

Sec. 10. The courts of county commissioners or boards of 
revenue of the several counties are hereby authorized to estab¬ 
lish hospitals for the care of tuberculosis patients, and to pro¬ 
vide for the payment of site, building and maintenance thereof, 
either separately or in connection with an adjoining county or 
counties. 

Sec. 11. Whenever any county in which there has not al¬ 
ready been established a public hospital for the care of tubercu¬ 
losis patients other than a sanatorium designed only for incipi¬ 
ent cases, desires to have such a hospital within its limits, it 
may do so in the following manner, to-wit: A petition addressed 
to the court of county commissioners or board of revenue shall 
be presented to voters of said county and shall be in substance 
as follows: “We, the undersigned legally qualified voters in 

the county of . hereby respectfully petition your 

honorable board to establish a tuberculosis hospital within the 
limits of said county in accordance with the provisions of the 
law. We further petition that you provide funds in an amount 
not less than $.for acquiring a site, and for erec¬ 

tion and maintenance of said hospital.” Each person signing 
shall add the place of his residence to said signature. Said 
petition shall be presented to the judge of probate in said 
county, who shall proceed forthwith to ascertain the proportion 
which the number of names of legally qualified voters on said 
petition bears to the total number of votes cast at the last pre¬ 
ceding general election in said county. If it shall appear to 
said judge of probate that said petition contains the signatures 
of legally qualified voters of said county, in numbers equivalent 
to a majority of those voting at the last general election preced¬ 
ing, he shall certify that fact to the court of county commis¬ 
sioners or board of revenue. 

Sec. 12. When judge of probate has made such certificate 
to the court of county commissioners or board of revenue, the 
said court or board shall proceed forthwith to take the neces¬ 
sary action to acquire a suitable site for and erect thereupon a 
hospital for the care of tuberculosis patients who have passed 
the incipient stage, provided that said site and plans for said 
hospital shall first be approved by the Alabama tuberculosis 
commission. For the purpose of acquiring site for the location 





651 


of any hospital authorized by this act, the board of revenue 
or court of county commissioners in the county where the said 
lospital is to be located, shall have the power of condemnation, 
according to the law, of such land as said board deems suitable 

and has been approved by the Alabama tuberculosis commis- 
sion. 

Sec. 13. Within thirty days after said certificate has been 
mac e >y ie judge of probate to court of county commissioners 
or board of revenue, a hospital board, composed of three mem¬ 
bers shall be created in the following manner: The county 
commissioners shall elect one member thereof, the county board 
or health one member and the municipal government of the larg¬ 
est town or city in the county one member, each for the term of 
wo years. Either of these bodies may refer the nomination 
to the county anti-tuberculosis association where such organiza¬ 
tion exists and is actually carrying on public service against 
tuberculosis. The person so chosen shall be of acknovdedged 
probity, intelligence and approved interest in, and w ith knowd- 
edge of, tuberculosis. They shall serve without pay. 

Sec. 14. Twm or more contiguous counties acting through 
their respective boards of revenue or courts of countv commis- 
smners may have a joint tuberculosis hospital with the appro¬ 
val of the Alabama,tuberculosis commission. The location and 
plans for said hospital shall be such as may be mutually agreed 
upon, subject to the approval of said Alabama tuberculosis 
commission. In case of such agreement between two contiguous 
counties, the hospital board shall consist of five (5) members 
to be selected in the following manner: One (1) by each of the 
oards of revenue or courts of county commissioners respec- 
by tfr e board of health of each county respectively 
and the fifth member shall be selected by these four (4) or in 
case they be unable to agree, by the Alabama tuberculosis com¬ 
mission. In case of such agreement between three (3) or more 
contiguous counties, the hospital board shall consist of one m 
member to be selected by the board of revenue or court of coun¬ 
ty commissioners of each of the counties so agreeing, an addi¬ 
tional member to be selected from each county by the county 
board of health, and one (1) member to be selected by the Ala- 
Sf ^frerculosis commission. All members of hospital board 
shall hold office for two (2) years, or until their successors 
are appointed and qualified. They shall serve without pay. 
In case two or more counties unite to establish and maintain 
such a hospital, the cost of establishing the same shall be met 
by the respective counties in proportion to the total assessed 



652 


valuation of property in said counties. The cost of maintenance 
shall be met by the respective counties according to. the sum of 
hospital days' treatment given to patients from said counties. 
A hospital day shall be twenty-four hours' residence of every 
several patient in the hospital, whether treated simultaneously 
or not. Amounts paid by patients themselves shall be credited 
to their several counties. 

Sec. 15. Said hospital boards shall within ten days of their 
appointment, hold an executive session and proceed, after elect¬ 
ing one of their members as chairman, to elect an executive 
secretary, who shall be superintendent of county tuberculosis 
hospital. He shall be a physician of adequate training who 
shall have made special study of tuberculosis and be familiar 
with the approved methods of identifying and treating the 
same. His salary and conditions of service shall be arranged 
by the hospital board. In counties whose population does not 
exceed 50,000, the superintendent may also serve as county 
health officer; provided, however, that if he holds both offices 
he shall not engage in private practice of medicine; that his 
salary shall be not less than $2,500.00 per annum, and he shall 
employ himself in the defense of public health by watchfulness, 
by instructing the people concerning hygiene and infection, and 
that he adequately supervise the hospital. He shall report to 
the Alabama tuberculosis commission, and may be removed by 
action of that commission. 

Sec. 16. Said hospital shall not be conducted in or in con¬ 
nection with any public poor-house. 

Sec. 17. Any county tuberculosis hospital superintendent 
may receive tuberculosis patients in other than incipient stage 
of the disease from an adjoining county in which no public 
tuberculosis hospital has been erected. Provided, that the board 
of revenue or court of county commissioners of county from 
which such case comes shall guarantee the payment of the cost 
of treating such patients. All charges for such treatment shall 
be assessed and fixed by the hospital board with the approval of 
the Alabama tuberculosis commission. 

Sec. 18. It shall be the duty of the board of revenue or 
court of county commissioners of each county to make suitable 
provisions for the care and isolation of every indigent ease of 
tuberculosis other than in an insipient stage, either bv provid¬ 
ing a tuberculosis hospital within the county or by sending such 
patient to the nearest available hospital within the State and 
paying the cost thereof at the price fixed by the hospital board 
of such hospital. Provided that in case of disagreement as to 



653 


what the price should be an appeal shall lie to the Alabama 
tuberculosis commission, whose judgment shall be final. 

Sec. 19. Whenever the population of the county includes 
more than 25 % negroes, adequate provision shall be made for 
members of that race under the same management but in a dis¬ 
tinct and separate section of the hospital or in a separate build¬ 
ing- 

Sec. 20. Any hospital established under this act shall be 
supported as far as possible by fees charged to patients to the 
amount of per capita cost of maintenance. But whenever a 
sufferer from tuberculosis, or those responsible for his sup¬ 
port, have not the means to pay so much, the board shall accept 
less, and when a patient, or those responsible for his support, 
shall make oath before the hospital board of inability to pay, 
the said patient may be received without pay on the certificate 
of the hospital board of such inability. Provided that no patient 
shall be excluded on account of indigence and provided further 
that no difference shall be made between the paying and non¬ 
paying patients, in the allotting of bed, food and other benefits. 

Pec. 21. All bills for the expense of maintenance of said 
hospital shall be paid by the court of county commissioners, 
or board of revenue as other bills contracted by said board 
are paid on certificate of the respective hospital boards. 

Approved September 22, 1915. 


No. 619.) (H. 1054—White. 

AN ACT 

To amend sections 702, 703, subdivisions (a), (e), (h), and (j) of section 
710, 713, 716 and 723 of the Code, of article 1, chapter 22 of the Code. 
Health Laws and Regulations. 

Be it enacted by the Legislature of Alabama : 

1. That section 702 of the Code be amended so as to read: 
702. The State board of health shall, through its executive 
officer, have authority and jurisdiction : 

(1) To exercise general control over the enforcement of the 
laws relating to public health; 

(2) To investigate the causes, modes of propagation, and 
means of prevention, of endemic, epidemic, infectious and con¬ 
tagious diseases; 

(3) To investigate the influence of localities and employ¬ 
ments on the health of the people; 



654 


(4) To inspect all public schools, hospitals, asylums, jails, 
alms houses, theaters, opera houses, court houses, public halls, 
prisons, markets, public dairies, public slaughter pens or 
houses, depots, passenger cars, industrial and manufacturing 
establishments, and other public places and institutions of like 
character, and whenever unsanitary conditions in any of these 
places, institutions, or establishments, or conditions prejudicial 
to health, or likely to become so, are found, proper steps shall 
be taken to have such conditions corrected or abated. 

(5) To examine the sources of supply, reservoirs, and ave¬ 
nues of conveyance of drinking water furnished to incorporated 
cities and towns, and whenever these waters are found polluted, 
or conditions are discovered likely to bring about their pollu¬ 
tion, proper steps shall be taken to improve or correct condi¬ 
tions. 

(6) To prescribe and publish rules for the sanitation of 
depots and passenger cars on all railroads in the State, includ¬ 
ing the territory contiguous to said railroads. 

(7) To exercise general supervision and control over county 
boards of health and over county and municipal health officers 
in the enforcement of the public health laws of the State in 
their respective counties and municipalities. 

(8) To notify the court of county commissioners, or board 
of like character, of any county, or the mayor and council of 
any municipality, whenever it appears that the health officer 
of such county, or municipality, is negligent, or inattentive to 
his official duties, whereupon, it shall be the duty of said county 
or municipal officials to suspend the payment of the salary of 
their health officer until such time as an investigation of the 
alleged negligence and inattention can be procured in accord¬ 
ance with sub-section (11) of section 703 of this Code. At the 
end of such investigation it shall be the duty of the State board 
of health, through its executive officer, to inform the court 
of county commissioners, or board of like character, or the 
mayor and council of any municipality, as the case may be, of 
the result of the investigation, which result shall be binding 
on the said court of county commissioners, or board of like 
character, or on the mayor and council of any municipality, as 
the case may be. 

(9) To act as an advisory board to the State in all sanitary 
and medical matters. 

2. That section 703 of the Code be amended so as to read: 
703. It shall be the duty of county boards of health: (1) To 
supervise the enforcement of the health law r s of the State in 



655 


their respective counties, including all ordinances legally adopt¬ 
ed by said counties, and by all municipalities therein, and to 
supervise the enforcement of the law for the collection of vital 
and mortuary statistics in their respective counties and in all 
municipalities thereof. (2) To investigate through their com¬ 
mittees of public health and health officers cases, or outbreaks, 
of any of the diseases enumerated in section 716 of this Code 
and to enforce such measures for the prevention, or extermina¬ 
tion, of said diseases as are authorized by law. (3) To investi¬ 
gate through their committees of public health and health offi¬ 
cers all nuisances to public health against which complaint has 
been alleged and whenever a complaint is ascertained to be well 
founded they shall, through said committees and health officers, 
take such steps for the abatement of the nuisance complained of 
as the law provides. (4) To exercise through their committees 
of public health and health officers special supervision over the 
sanitary conditions of public schools, hospitals, asylums, jails, 
almshouses, theatres, opera houses, court houses, prisons, mar¬ 
kets, public dairies, slaughter pens or houses, and depots and 
passenger cars on all lines of railroads in their respective coun¬ 
ties, including the territory contiguous to said lines of railway; 
also, over the sources of supply, reservoirs, and avenues of con¬ 
veyance of drinking water furnished to incorporated towns 
in their respective counties; and whenever unsanitary condi¬ 
tions are found in any of these places or institutions, it shall be 
the duty of the executive officer, or other official, of the State 
board of health, to order the county or municipal health officer 
under whose jurisdiction the unsanitary condition is found to 
use all authority in his power to have the same abated. (5) To 
elect a health officer for the county and to fix his term of office, 
provided that it be not fixed at less than three years, the juris¬ 
diction of which officer shall extend to all parts of the county 
except such as are comprised within the limits of incorporated 
cities or towns within the county; provided further that a 
county health officer shall be eligible for election to the posi¬ 
tion of health officer of any one or more of the municipalities 
within the county; (6) To elect a health officer for every in¬ 
corporated city and town in the county and to fix his term of 
office, provided that it be not fixed for a shorter period than 
three years. For all health officers so elected the authorities 
of the respective cities and towns shall fix fair salaries. (7) 
To elect physicians to attend the inmates of the county poor 
house and jail and to fix the terms of office of such physicians, 
provided that they be not fixed for shorter periods than three 



656 


years, and provided further that both of said positions may be 
filled by the same physician, or by the county health officer. 
The court of county commissioners or other board of like char¬ 
acter shall fix fair salaries for such physicians as may be elect¬ 
ed to fill said positions, or for the county health officer should 
he be elected to fill said positions, or any one of them. (8) 
To require the county health officer to submit to the judge of 
probate and county commissioners or other board of like char¬ 
acter monthly reports, and also an annual report, on blank 
forms to be supplied by the State board of health, giving a full 
and complete account of all public health and sanitary work 
done in the county, together with such information, suggestions, 
and recommendations in regard to the protection of the health 
of the people as said board may deem proper, provided that the 
annual report shall include the vital and mortuary statistics of 
the county and of all municipalities therein. (9) To require 
the health officer of every municipality in the county to submit 
to the mayor and council of his municipality monthly reports 
on blanks prescribed by the State board of health, containing 
full information as to prevailing health and sanitary conditions; 
also, an annual report, likewise on blanks prescribed by the 
State board of health, containing full and complete information 
of all public health and sanitary work done in the municipality 
for the preceding year, which report shall include the vital and 
mortuary statistics of the municipality and such other informa¬ 
tion, suggestions, and recommendations in regard to the pro¬ 
tection of the health of the people as said board may deem 
proper. (10) To require the county health officer to forward to 
the State board of health by or before the lOtli day of each 
calendar month a report of all births and deaths, specifying the 
causes of the latter that have occurred in the county, including 
all municipalities therein, for the preceding month; also, by 
or before the first day of March of each year an annual report 
containing a full account of all public health and sanitary work 
done in the county during the preceding year, which report 
shall include the vital and mortuary statistics of the county 
and of all municipalties therein; and may contain such other 
information, suggestions, and recommendations in regard to 
the protection of the health of the people as said board may 
deem proper. (11) To investigate the charges and specifica¬ 
tions against health officers—county or municipal—as follows: 
Whenever a member of a county medical society, the executive 
officer of the State board of health, or other person, submits 
written charges and specifications against the health officer of 



657 


a county, or the health officer of a municipality therein, to 
such society, the president of the society shall refer the charges 
and specifications, without discussion, to the board of censors 
of the society for investigation and report, and shall instruct 
the secretary of the society to furnish the health officer, against 
whom charges and specifications are submitted, and the board 
of censors to which they were referred, certified copies thereof. 
Ihe board of censors shall then appoint a time and place for 
investigating the charges and specifications and shall notifv the 
health officer concerned and the party or parties making the 
charges and specifications of the time and place for the hearing; 
and shall further notify said parties that they will be accorded 
the privilege of being heard in person, or by counsel, or both, 
and ot introducing such witnesses and written testimony as mav 
be germane to the questions at issue. When the investigation 
has been completed and the board of censors is ready to re- 
Pp 1 */’ ® ha P tbe president of the county medical society 

ot that fact, whereupon, the president shall call a meeting of 
the society, unless the time for a regular meeting be near at 
hand, giving the members not less than five full days notice 
thereof and explaining to them the object of the meeting. When 
the county medical society meets in accordance with such 
notice, the board of censors shall submit a complete and cir¬ 
cumstantial report of the investigation with which it was 
charged. After hearing the report and after such discussion 
thereof as may be deemed proper by the presiding officer, the 
society may take action in either of the following wavs• (a) 

It may entire exonerate the health officer; (b) It mav censure 
him; (c) It may impose a forfeiture of salary for such period 
ot time as the society may deem just and proper; (d) It mav 
remove the health officer from his position to take effect in not 
ess than ten nor more than fifteen days, all ballots being taken 
by ayes and noes and recorded in the minutes of the meeting 
When the verdict rendered is removal from office, it shall be 
the duty of the county society to hold another meeting before 
the time arrives for the health officer to retire from office for 
the purpose of electing a successor, provided that the officer 
just removed shall not be eligible to succeed himself 
^ in' Jhat subdivisions (a), (e), (h) and (j) of section 710 
ol the Code be amended so as to read: It shall be the dutv of 
the health officer of a municipality: 710.—Sub-division (a). 
T° « n <*er regulations prescribed by the State board of 

health, a book to be styled the register of births, in which he 
shall register, so far as reported to him, the sex, race, and color 



658 


of every child boro in the municipality, the date of such birth, 
the name or names, age or ages, race, color, and occupation of 
the parent, or parents, together with such other details as said 
regulations may require; also, a book to be styled the register 
of deaths, in which he shall register the names, so far as re¬ 
ported to him, of all persons who die in the municipality, speci¬ 
fying the date, place, and cause of death, also, the sex, color, 
race, previous occupation, and so far as can be ascertained, the 
age of each deceased person, together with such other details 
as may be required by said regulations; also, a book to be 
styled the register of infectious diseases, in which he shall reg¬ 
ister, so far as reported to him, the name, age, sex, color, race, 
occupation, and place of residence, together with such other 
details as may be required by said regulations of all persons 
who may be attacked by any of the diseases enumerated in 
section 716 of this Code; all of which registers shall be fur¬ 
nished by the authorities of the municipalities, and when filled, 
shall be filed by the health officer of the municipality in the 
office of the judge of probate in the county, who shall receipt 
therefor, and which receipts shall be forwarded by the munici¬ 
pal health officer to the State health officer for permanent 

filing. Sub-division (e). To make a general inspection of the 

municipality once each month and should he discover any un¬ 
sanitary conditions it shall be his duty to cause such unsanitary 
conditions to be abated in so far as he is authoribed by law; 
to visit the municipal prisons and any charitable institutions: 
under the control of the municipality once each month, and to 
make a careful investigation as respects the drinking water, 
the food, the clothing and bedding, supplied to the prisoners; 
or inmates; also, as to the ventilation, air space, heating and 
bathing facilities, closets, drainage, drinking water, etc., of 
these institutions and when any of said supplies are found to. 
be inadequate in quantity, or bad in quality, or any of said 
condtions unsanitary, it shall be his duty to make, in writing, 
a circumstantial report thereof to the mayor and council of 
the municipality and to forward duplicates of said report to 
the county board of health and to the State health officer. 
Sub-division (li) To make to the municipal authorities and to 
the county board of health such reports of his official acts and. 
at such times as said authorities and said board may prescribe.. 
Sub division (j) To attend conferences of health officers when 
summoned by the State health officer so to do, and to discharge 
such other health functions as are, or may be, required of him 
by law. 



659 


713 4 rlrHfipft tl0D f 7 ^, 3 °X the Code be ame nded so as to read: 
Certificate of Death. A certificate of death for each 

person who dies shall be made out by the physician who last 

fhl Sf 6 ? de 1 ceased > in acocrdance with a fom prescribed by 
the State board of health. In cases in which a physician was 
not m attendance a certificate of death may be made out and 

aD /,! lce “ sed P h y si «an on information furnished by 
a member of the family of the deceased person, or by othS 
person, provided that when reasons exist for suspecting that 
the deceased person did not die from natural causes neither the 

f certificate of'd^th 11 ^ ° + th ? r 1 1 , icensed Physician shall furnish 
nm n it! ! e u f de ? th ’ but shall advise that a corner be sum¬ 
moned to hold an inquest over the body 

71 fi JT ha * section 716 of the Code be amended so as to read- 
J 1 ', The diseases named the spread of which is to be con 

by law Vho^mhe h d- COndit lr S - deSCribed that may be abated 
f ' . hould the disease, the investigation of which is pro- 

TX/r n l °! tbis prove to be aetinomyeo^s, 

antnrax, beri-ben, chicken-pox, cholera (Asiatic) den<me 

diphtheria, (membranous croup), roetheln (German measles) ’ 

fenidemt hydr °K Pll0bia ' Iepr0Sy ’ iaalaria > *«"les, mSgitis 

SuartivS eT Pma >. 1) ’ “T” 8 ’ Piptl-lalmia, aeonatomm’ 
(conjunctivitis of new born infants): pellagra, plague nnlin- 

trnph 1S P ar alysis), scarlet fever, small-pox tetanus 

trachoma, trichinosis, tuberculosis (pulmonarv), typhoid fever 

Sd to r he Wh0 ° Ping T Sh ’ yel1 ™ fCTer ’ °* r of other nature 
believed to be grave and at the same time contagious infec- 

li eitho^ono Ient t al 1D character, or if the disease be known to 

officer of the J noi!nt n ™f ated + aild be so reported, the health 
oiticer of the county, city or town shall promptly notify in 

of \ikv’ v. he 1U f” e of .P r0bate and commissioners, or other board 

(he oaaX C Svi tbe f 0 ™*’ "W” or’inteadaat Md 

disease Of tSi it J ° r T™’ accordin g to the location of the 

and saW health o e 5- DCe andextent of Prevalence of the disease, 
sneh health officer shall accompany such notification with 

^ oia ™ eadatlons as h e may deem necessary to prevent the 
? !- tbe dl 1 Sea ‘ Se ’ calIin S in to consultation with him from 

boaid of hSlth TT C ° mmitte - e + 0f PUbHc health of the county 
a d ! f heal ! b - U P° n receipt of such notification and recom 
mendation said county, city, or town officials, as the case may 
be slml! after consultation with the health officer in charge 
and if need he, with the committee of public health of the emS 
board of health, appropriate such funds, or assume responsibili 
ty for such expenditures, as may be found necessary to prevent 



660 


the spread of the disease. If authorized to incur the necessary 
expense, the health officer of the county, city, or town ™ '\hich 
the disease is located shall proceed to direct and supemsej*e 
enforcement of the measures of extermination of the> disease 
authorized by the county, city, or town authontiesconceined, 
whether such measure shall apply to persons sick of, or• conva 
lescent from, the disease or to those who have been exposed 
thereto. All employees needed to enforce the measures °f co 
trol shall, subject to the approval of the committee of public 
health of the county board of health be selected and emp oy 
by the health officer in charge and shall be sub ject to remova 
by said officer or officers, likewise on approval of the«mt 
tee of public health of the county board of health. Wheneie 
anv of the diseases enumerated in this section, or one saspec 
of being such, appears in a county, incorporated city, 
under such conditions and surroundings as to render it impera 
tive that prompt and immediate measures to prevent its ^P™ 
be enforced, the health officer of such county, incorporated 
city, or town, as the case may be, shall have the right to ms 1 - 
tute and enforce such measures, subject to the a PP^va 
committee of public health of the county board of health;. Like¬ 
wise, when any cause of disease, or any condition lively to 
become a cause, exists in a county, or in * mumeipa ly, 
board of county commissioners or other like board, or th 
mayor and council, according to the location of said cause 
condition, shall on the recommendation of the county health 
officer, or on that of the municipal health officer, as the case 
mav be possess, and at their discretion may exercise, the right 
of appropriating and expending such funds as may be neces¬ 
sary to remove or abate said cause or condition. If, bOT ever, 
the cause or condition be due to neglect or inattentior. on the 
nart of one or more persons, the cost of abatement shall 
taxed against the party or parties responsible therefor and col¬ 
lected as other taxes are collected. 

6. That section 723 of the Code be amended so as to read. 
723. Inspection of places where food is sold. The State boarc 
of health shall prescribe rules for the inspection of all public 
grocery houses, markets, restaurants, lunch stands, eatin e 
places public dining rooms, together with pantries, kitchen , 
and yards belonging thereto, and shall furnish copies of said 
mle/to county boards of health and to county and municipal 
health officers, whereupon, it shall be the duty of said co un y 
boards of health, county and municipal health officers, to en¬ 
force such rules. Once every month the county and municipal 



661 


health officers may announce publicly all places inspected dur- 
ing the previous month which have been found in good sanitarv 
condition. 

Approved September 22, 1915. 


No * 623 *) (H. 1413—Davie. 

AN ACT 

To amend section 7564 of the Criminal Code of Alabama. 

Be it enacted by the Legislature of Alabama : 

That section 7564 of the Code of Alabama be amended so as 
to read as follows: Section 7564. Practicing medicine without 
license; penalty for.—Any person who treats, or offers to treat 
diseases of human beings in this State by any system of treat¬ 
ment, whatsoever, without having obtained a certificate of 
qualification from the State board of medical examiners, shall 
be guilty of a misdemeanor, and upon conviction, shall be fined 
for each offense not less than fifty nor more than five hundred 
dollars and may be imprisoned for not less than one month nor 
more than three months. And where indictments are preferred 
by a grand jury such cases shall only be tried in the court 
wherein the indictment is preferred, and shall not be trans¬ 
ferred to any other court. 

Approved September 22, 1915. 


No - 626 0 (H. 142—Weaklev. 

AN ACT 

To make uniform the law of warehouse receipts, to define warehouse re¬ 
ceipts, and to provide a uniform law for the issuing, assignment or 
transfer of such receipts, and to fix the rights and liabilities of all par¬ 
ties to, or connected with, the issue, assignment, transfer or negotiation 
of such receipts, and to regulate the same. 

Be it enacted by the Legislature of Alabama: 

Section 1. Warehouse receipts may be issued by anv ware¬ 
house. 

Sec. 2. Warehouse receipts need not be in any particular 
form, but every such receipt must embody within its written or 
printed terms, (a) The location of the warehouse Tvhere the 
goods are stored, (b) The date of issue of the receipt, (c) The 



662 


consecutive number of the receipt, (d) A statement whether 
the goods received will be delivered to the bearer, to a specified 
person, or to a specified person or his order, (e) The rate of stor¬ 
age charges, (f) A description of the goods or of the pack¬ 
ages containing them, (g) The signature of the warehouseman, 
which may be made by his authorized agent, (h) If the receipt is 
issued for goods of which the warehouseman is owner, either 
solely or jointly or in common with others, the fact of such own¬ 
ership, and (i) A statement of the amount of advances made 
and of liabilities incurred for which the warehouseman claims a 
lien. If the precise amount of such advances made or such lia¬ 
bilities incurred is, at the time of the issue of the receipt, un¬ 
known to the warehouseman or to his agent who issues it, a 
statement of the fact that advances have been made or liabili¬ 
ties incurred and the purpose thereof is sufficient. A ware¬ 
houseman shall be liable to any person injured thereby, for all 
damages caused by the omission from a negotiable receipt of 
any of the terms herein required. 

Sec. 3. A warehouseman may insert in a receipt, issued by 
him, any other terms and conditions, provided that such terms 
and conditions shall not—(a) Be contrary to the provisions of 
this act. (b) In any wise impair his obligation to exercise that 
degree of care in the safe-keeping of the goods entrusted to him 
which a reasonably careful man would exercise in regard to 
similar goods of his own. 

Sec. 4. A receipt in which it is stated that the goods received 
will be delivered to the depositor, or to any other specified per¬ 
son, is a non-negotiable receipt. 

Sec. 5. A receipt in which it is stated that the goods received 
will be delivered to the bearer, or to the order of any person 
named in such receipt is a negotiable receipt. No provision 
shall be inserted in a negotiable receipt that it is non-negotaible. 
Such porvision, if inserted, shall be void. 

Sec. 6. When more than one negotiable receipt is issued for 
the same goods, the word “duplicate” shall be plainly placed 
upon the face of every such receipt, except the one first issued. 
A warehouseman shall be liable for all damage caused by his 
failure so to do to any one who purchased the subsequent re- 
cipt for value supposing it to be an original, even though the 
purchase be after the delivery of the goods by the warehouse¬ 
man to the holder of the original receipt. 

Sec. 7. A non-negotiable receipt shall have plainly placed 
upon its face by the warehouseman issuing it “non-negotiable” 
or “not negotiable.” In case of the warehouseman’s failure so 



663 


to do, a holder of the receipt who purchased it for value sup¬ 
posing it to be negotiable, may, at his option, treat such receipt 
as imposing upon the warehouseman the same liabilities he 
would have incurred had the receipt been negotiable. This sec¬ 
tion shall not apply, however, to letters, memoranda, or written 
acknowledgments of an informal character. 

Sec. 8.^ A warehouseman in the absence of some lawful ex¬ 
cuse provided by this act, is bound to deliver the goods upon a 
demand made either by the holder of a receipt for the goods or 
by the depositor, if such demand is accompanied with (a) An 
offer to satisfy the warehouseman’s lien, (b) An offer to sur¬ 
render the receipt if negotiable, with such indorsements as 
would be necessary for the negotiation of the receipt, and (c) A 
readiness and willingness to sign, when the goods are delivered, 
an acknowledgment that they have been delivered, if such signa¬ 
ture is requested by the warehouseman* In case the warehouse¬ 
man refuses or fails to deliver the goods in compliance with a 
demand by the holder or depositor so accompanied, the burden 
shall be upon the warehouseman to establish the existence of a 
lawful excuse for such refusal. 

Sec. 9. A warehouseman is justified in delivering the goods, 
subject to the provisions of the three following sections, to one 
who is—(a) The person lawfully entitled to the possession of 
the goods, or his agent, (b) A person who is either himself enti¬ 
tled to delivery by the terms of a non-negotiable receipt issued 
for the goods, or who has written authority from the person so 
entitled either indorsed upon the receipt or written upon anoth¬ 
er paper, or (c) A person in possession of a negotiable receipt by 
the terms of which the goods are deliverable to him or order or 
to bearer, or which has been indorsed to him or in blank by the 
person to whom delivery was promised by the terms of the re¬ 
ceipt or by his mediate or immediate indorsee. 

Sec. 10. When a warehouseman delivers the goods to one 
who is not in fact lawfully entitled to the possession of them, 
the warehouseman shall be liable as for conversion to all having 
a right of property or possession in the goods if he delivered the 
goods otherwise than as authorized by subdivisions (b) and (c) 
of the preceding section and though he delivered the goods as 
authorized by said subdivisions he shall be liable, if prior to 
such delivery he had either (a) Been requested, by or on behalf 
of the person lawfully entitled to a right of property or posses¬ 
sion in the goods, not to make such delivery, or (b) Had infor¬ 
mation that the delivery about to be made was to one not law¬ 
fully entitled to the possession of the goods. 



664 


Sec. 11. Except as provided in section 36 where a ware¬ 
houseman delivers goods for which he had issued a negotiable 
receipt, the negotiation of which would transfer the right to the 
possession of the goods, and fails to take up and cancel the re¬ 
ceipt, he shall be liable to any one who purchases for value in 
good faith such receipt, for failure to deliver the goods to him, 
whether such purchaser acquired title to the receipt before or 
after the delivery of the goods by the warehouseman. 

Sec. 12. Except as provided in section 36, where a ware¬ 
houseman delivers part of the goods for which he had issued a 
negotiable receipt and fails either to take up and cancel such 
receipt, or to place plainly upon it a statement of what goods or 
packages have been delivered he shall be liable to any one who 
purchases for value in good faith such receipt, for failure to 
deliver all the goods specified in the receipt, whether such pur¬ 
chaser acquired title to the receipt before or after the delivery 
of any portion of the goods by the warehouseman. 

Sec. 13. The alteration of a receipt shall not excuse the 
warehouseman who issued it from any liability if such altera¬ 
tion was (a) Immaterial, (b) Authorized, or (c) Made without 
fraudulent intent. If the alteration was authorized, the ware¬ 
houseman shall be liable according to the terms of the receipt 
as altered. If the alteration was unauthorized, but made with¬ 
out fraudulent intent, the warehouseman shall be liable accord¬ 
ing to the terms of the receipt, as they were before alteration. 
Material and fraudulent alteration of a receipt shall not excuse 
the warehouseman who issued it from liability to deliver, ac¬ 
cording to the terms of the receipt as originally issued, the 
goods for which it was issued, but shall excuse him from any 
other liability to the person who made the alteration and to any 
person who took with notice of the alteration. Any purchaser 
of the receipt for value without notice of the alteration shall 
acquire rights against the warehouseman which such purchaser 
would have acquired if the receipt had not been altered at the 
time of the purchase. 

Sec. 14. Where a negotiable receipt has been lost or dam¬ 
aged, a court of competent jurisdiction may order the delivery 
of the goods upon satisfactory proof of such loss or destruction 
and upon the giving of a bond with sufficient sureties to be 
approved by the court to protect the warehouseman from any 
liability or expense, which he or any person injured by such 
delivery may incur by reason of the original receipt remaining 
outstanding. The court may also in its discretion order the 
payment of the warehouseman’s reasonable costs and counsel 



fees. The delivery of the goods under an order of the court as 
provided in this section, shall not relieve the warehouseman 
from liability to a person to whom the negotiable receipt has 
been or shall be negotiated for value without notice of the pro¬ 
ceedings or of the delivery of the goods. 

Sec. 15. A receipt upon the face of which the word “dupli¬ 
cate” is plainly placed is a representation and warranty by the 
warehouseman that such receipt is an accurate copy of an orig¬ 
inal receipt properly issued and uncancelled at the date of the 
issue of the duplicate, but shall impose upon him no other lia¬ 
bility. 

Sec. 16. No title or right to the possession of the goods, on 
the part of the warehouseman, unless such title or right is de¬ 
rived directly or indirectly from a transfer made by the deposi¬ 
tor at the time of or subsequent to the deposit for storage, or 
from the warehouseman’s lien, shall excuse the warehouseman 
from liability for refusing to deliver the goods according to the 
terms of the receipt. 

Sec. 17. If more than one person claims the title or posses¬ 
sion of the goods, the warehouseman may, either as a defense to 
an action brought against him for non-delivery of the goods, or 
as an original suit, whichever is appropriate, require all known 
claimants to interplead. 

Sec. 18. If some one other than the depositor or person 
claiming under him has a claim to the title or possession of the 
goods, and the warehouseman has information of such claim, 
the warehouseman shall be excused from liability for refusing 
to deliver the goods, either to the depositor or person claiming 
under him or to the adverse claimant until the warehouseman 
has had a reasonable time to ascertain the validity of the ad¬ 
verse claim or to bring legal proceedings to compel all claim¬ 
ants to interplead. 

Sec. 19. Except as provided in the two preceding sections 
and in sections 9 and 36, no right or title of a third person shall 
be a defense to an action brought by the depositor or person 
claiming under him against the warehouseman for failure to 
deliver the goods according to the terms of the receipt. 

Sec. 20. A warehouseman shall be liable to the holder of a 
receipt for damages caused by the non-existence of the goods or 
by the failure of the goods to correspond with the description 
thereof in the receipt at the time of issue. If, however, the 
goods are described in a receipt merely by a statement of marks 
or labels upon them, or upon packages containing them, or by a 
statement that the goods are said to be goods of a certain kind, 



666 


or that the packages containing the goods are said to contain 
goods of a certain kind, or words of like purport, such state¬ 
ments, if true, shall not make liable the warehouseman issuing 
the receipt, although the goods are not of the kind which the 
marks or labels upon them indicate, or of the kind they were 
said to be by the depositor. 

Sec. 21. A warehouseman shall be liable for any loss or in¬ 
jury to the goods caused by his failure to exercise such care in 
regard to them as a reasonably careful owner of similar goods 
would exercise, but he shall not be liable, in the absence of an 
agreement to the contrary, for any loss or injury to the goods 
which could not have been avoided by the exercise of such care. 

Sec. 22. Except as provided in the following section, a ware¬ 
houseman shall keep the goods so far separate from goods of 
other depositors, and from other goods of the same depositor for 
which a separate receipt has been issued, as to permit at all 
times the identification and redelivery of the goods deposited. 

Sec. 23. If authorized by agreement or by custom, a ware¬ 
houseman may mingle fungible goods with other goods of the 
same kind and grade. In such case the various depositors of 
the mingled goods shall own the entire mass in common and 
each depositor shall be entitled to such portion thereof as the 
amount deposited by him bears to the whole. 

Sec. 24. The warehouseman shall be severally liable to each 
depositor for the care and redelivery of his share of such mass 
to the same extent and under the same circumstances as if the 
goods had been kept separate. 

Sec. 25. If goods are delivered to a warehouseman by the 
owner or by a person whose act in conveying the title to them 
to a purchaser in good faith for value would bind the owner, 
and a negotiable receipt is issued for them, they cannot there¬ 
after, while in possession of the warehouseman, be attached by 
garnishment or otherwise, or be levied upon under an execu¬ 
tion, unless the receipt be first surrendered to the warehouse¬ 
man, or its negotiation enjoined. The warehouseman shall in 
no case be compelled to deliver up the actual possession of the 
goods until the receipt is surrendered to him or impounded by 
the court. 

Sec. 26. A creditor whose debtor is the owner of a negotia¬ 
ble receipt shall be entitled to such aid from courts of appro¬ 
priate jurisdiction, by injunction and otherwise, in attaching 
such receipt or in satisfying the claim by means thereof as is 
allowed at law in equity, in regard to property which cannot 
readily be attached or levied upon by ordinary legal process. 



667 


Sec. 27. Subject to the provisions of section 30, a ware¬ 
houseman shall have a lien on goods deposited or on the pro¬ 
ceeds thereof in his hands, for all lawful charges for storage 
and preservation of the goods; also for all lawful claims for 
money advanced, interest, insurance, transportation, labor, 
weighing, coopering and other charges and expenses in relation 
to such goods; also for all reasonable charges and expenses for 
notice, and advertisements of sale, and for sale of the goods 
where default has been made in satisfying the warehouseman’s 
lien. 

Sec. 28. Subject to the provisions of section 30 a ware¬ 
houseman’s lien may be enforced—(a) Against all goods, when¬ 
ever deposited, belonging to the person who is liable as debtor 
for the claims in regard to which the lien is asserted, and (b) 
Against all goods belonging to others which have been deposited 
at any time by the person who is liable as debtor for the claims 
m regard to which the lien is asserted if such person has been so 
entrusted with the possession of the goods that a pledge of the 
same by him at the time of the deposit to one who took the goods 
m good faith for value would have been valid. 

Sec. 29. A warehouseman loses his lien upon goods—(a) 
By surrendering possession thereof, or (b) Bv refusing to de¬ 
liver the goods when a demand is made with which he is bound 
to comply under the provisions of this act. 

Sec. 30. If a negotiable receipt is issued for goods, the 
warehouseman shall have no lien thereon, except for charges 
for storage of those goods subsequent to the date of the receipt 
unless the receipt expressly enumerates other charges for which 
a hen is claimed. In such case there shall be a lien for the 
charges enumerated so far as they are within the terms of sec¬ 
tion 27, although the amount of the charges so enumerated is 
not stated in the receipt. 

Sec. 31. A warehouseman having a lien valid against the 
person demanding the goods may refuse to deliver the "nods to 
him until the lien is satisfied. 

Sec. 32. Whether a warehouseman has or has not a lien 
upon the goods, he is entitled to all remedies allowed by law to 
a creditor against his debtor, for the collection from' the de¬ 
positor of all charges and advances which the depositor has ex¬ 
pressly or impliedly contracted with the warehouseman to pay. 

Sec. 33. A warehouseman’s lien for a claim which has be¬ 
come due may be satisfied as follows: The warehouseman shall 
give a written notice to the person on whose account the goods 
are held, and to any other person known by the warehouseman 



668 


to claim an interest in the goods. Such notice shall be given by 
delivery in person or by registered letter addressed to the last 
known place of business or abode of the person to be notified. 
The notice shall contain—(a) An itemized statement of the 
warehouseman’s claim, showing the sum due at the time of the 
notice and the date or dates when it became due, (b) A brief 
description of the goods against which the lien exists, (c) A de¬ 
mand that the amount of the claim as stated in the notice, and 
of such further claim as shall accrue, shall be paid on or before 
a day mentioned, not less than ten days from the delivery of the 
notice if it is personally delivered or from the time when the 
notice should reach its destination, according to the due course 
of post, if the notice is sent by mail, and (d) A statement that 
unless the claim is paid within the time specified the goods will 
be advertised for sale and sold by auction at a specified time and 
place. In accordance with the terms of a notice so given, a sale 
of the goods by auction may be had to satisfy any valid claim 
of the warehouseman for which he has a lien on the goods. The 
sale shall be had in the place where the lien was acquired, or, if 
such place is manifestly unsuitable for the purpose, at the near¬ 
est suitable place. After the time for the payment of the claim 
specified in the notice to the depositor has elapsed, an advertise¬ 
ment of the sale, describing the goods to be sold, and staring the 
name of the owner or person on whose account the goods are 
held, and the time and place of the sale, shall be published once 
a week for two consecutive weeks in a newspaper published in 
the place where such sale is to be held. The sale shall not be held 
less than fifteen days from the time of the first publication. . If 
there is no newspaper published in such place, the advertise¬ 
ment shall be posted at least ten days before such sale in not less 
than six conspicuous places therein. From the proceeds of such 
sale the warehouseman shall satisfy his lien, including the rea¬ 
sonable charges of notice, advertisement, and sale. The balance, 
if any, of such proceeds shall be held by the warehouseman, and 
delivered on demand to the person to whom he would have been 
bound to deliver or justified in delivering the goods. At. any 
time before the goods are so sold any person claiming a right of 
property or possession therein may pay the warehouseman the 
amount necessary to satisfy his lien and to pay the reasonable 
expenses and liabilities incurred in serving notices and advertis¬ 
ing and preparing for the sale up to the time of such payment. 
The warehouseman shall deliver the goods to the person making 
such payment if he is a person entitled, under the provisions of 
this act, to the possession of the goods on payment of charges 



669 


thereon. Otherwise the warehouseman shall retain possession 
of the goods according to the terms of the original contract of 
deposit. 

Sec. 34. If goods are of a perishable nature, or by keeping 
will deteriorate greatly in value, or by their odor, breakage, in- 
flainability, or explosive nature, will be liable to injure other 
property, the warehouseman may give such notice to the owner, 
or to the person in whose name the goods are stored, as is rea¬ 
sonable and possible under the circumstances, to satisfy the 
lien upon such goods, and to remove them from the warehouse, 
and in the event of the failure of such person to satisfy the lien 
and to remove the goods within the time so specified, the ware¬ 
houseman may sell the goods at public or private sale without 
advertising. If the warehouseman after a reasonable effort is 
unable to sell such goods, he may dispose of them in any lawful 
manner, and shall incur no liability by reason thereof. The pro¬ 
ceeds of any sale made under the terms of this section shall be 
disposed of in the same way as the proceeds of sales made under 
the terms of the preceding section. 

Sec. 35. The remedy for enforcing a lien herein provided 
does not preclude any other remedies allowed by law for the 
enforcement of a lien against personal property nor bar the 
right to recover so much of the warehouseman’s claim as shall 
not be paid by the proceeds of the sale of the property. 

Sec. 36. After goods have been lawfully sold to satisfy a 
warehouseman’s lien, or have been lawfully sold or disposed of 
because of their perishable or hazardous nature, the warehouse¬ 
man shall not thereafter be liable for failure to deliver the 
goods to the depositor, or owner of the goods, or to a holder of 
the receipt given for the goods when they were deposited, even 
if such receipt be negotiable. 

Sec. 37. A negotiable receipt may be negotiated by delivery 
— (a) Where, by the terms of the receipt, the warehouseman 
undertakes to deliver the goods to the bearer, or (b) Where, by 
the terms of the receipt the warehousman undertakes to deliver 
the goods to the order of a specified person, and such person or 
a subsequent indorsee of the receipt has indorsed it in blank or 
to bearer, where, by the terms of a negotiable receipt the goods 
are deliverable to bearer or where a negotiable receipt has been 
indorsed in blank or to bearer, any holder may indorse the same 
to himself or to any other specified person, and in such case the 
receipt shall thereafter be negotiated only by the indorsement of 
such indorsee. 



670 


Sec. 38. A negotiable receipt may be negotiated by the in¬ 
dorsement of the person to whose order the goods are, by the 
terms of the receipt, deliverable. Such indorsement may be in 
blank, to bearer or to a specified person. If indorsed to a speci¬ 
fied person, it may be again negotiated by the indorsement of 
such person in blank, to bearer or to another specified person. 
Subsequent negotiations may be made in like manner. 

Sec. 39. A receipt which is not in such form that it can be 
negotiated by delivery may be transferred by the holder by de¬ 
livery to a purchaser or donee. A non-negotiable receipt cannot 
be negotiated, and the indorsement of such a receipt gives the 
transferee no additional right. 

Sec. 40. A negotiable receipt may be negotiated (a) By the 
owner thereof, or (b) By any person to whom the possession or 
custody of the receipt has been entrusted by the owner, if, by the 
terms of the receipt, the warehouseman undertakes to deliver 
the goods to the order of the person to whom the possession or 
custody of the receipt has been entrusted, or if at the time of 
such entrusting the receipt is in such form that it may be nego¬ 
tiated by delivery. 

Sec. 41. A person to whom a negotiable receipt has been 
duly negotiated acquires thereby—(a) Such title to the goods 
as the person negotiating the receipt to him had or had ability 
to convey to a purchaser in good faith for value, and also such 
title to the goods as the depositor or person to whose order the 
goods were to be delivered by the terms of the receipt had or had 
ability to convey to a purchaser in good faith for value, and (b) 
The direct obligation of the warehouseman to hold possession of 
the goods for him according to the terms of the receipt as fully 
as if the warehouseman had contracted directly with him. 

Sec. 42. A person to whom a receipt has been transferred 
but not negotiated acquires thereby, as against the transferor 
the title of the goods, subject to the terms of any agreement 
with the transferor. If the receipt is non-negotiable such per¬ 
son also acquires the right to notify the warehouseman of the 
transfer to him of such receipt, and thereby to acquire the direct 
obligation of the warehouseman to hold possession of the goods 
for him according to the terms of the receipt. Prior to the noti¬ 
fication of the warehouseman by the transferor or transferee of 
a non-negotiable receipt, the title of the transferee to the goods 
and the right to acquire the obligation of the warehouseman 
may be defeated by the levy of an attachment or execution upon 
the goods by a creditor of the transferor, or by a notification to 
the warehouseman by the transferor or a subsequent purchaser 



671 


from the transferor of a subsequent sale of the goods by the 
transferor. J 

f ec / 43 • Where a negotiable receipt is transferred for value 
)y c eh very, and the indorsement of the transferor is essential 
for negotiation, the transferee acquires a right against the 
transferor to compel him to indorse the receipt, unless a contra¬ 
ry intention appears. The negotiation shall take effect as of 
the tune when the indorsement is actually made. 

Sec. 44. A person who for value negotiates or transfers a 
receipt by indorsement or delivery, including one who assigns 
tor value a claim secured by a receipt, unless a contrary inten- 
lon appears, warrants, (a) That the receipt is genuine, (b) 
that he has a legal right to negotiate or transfer it, fc) That he 
has knowledge of no fact which would impair the validity or 
worth of the receipt, and (d) That he has a right to transfe^ the 
title to the goods and that the goods are merchantable or tit for 
a particular purpose whenever such warranties would have 
been implied, if the contract of the parties had been to transfer 
without a receipt the goods represented thereby. 

Sec. 45. The indorsement of a receipt shall not make the 

indorser liable for any failure on the part of the warehouseman 
or previous indorsers of the receipt to fulfill their respective 
obligations. 

Sec. 46. A mortgagee, pledgee or holder for security of a 
receipt who in good faith demands or receives payment of the 
debt for which receipt is security, whether from a partv to a 
dratt drawn for such debt or from any other person, shall not 
by so doing be deemed to represent or to warrant the genuine¬ 
ness of such receipt or the quantity or quality of the goods 
therein described. ' 

. Sec. 47. The validity of the negotiation of a receipt is not 
impaired by the fact that such negotiation was a breach of duty 
on the part of the person making the negotiation, or by the fact 
that the owner of the receipt was induced by fraud, mistake or 
duress to entrust the possession or custody of the receipt to 
such person, if the person to whom the receipt was negotiated, 
or a person to whom the receipt was subsequently negotiated* 
paid value therefor, without notice of the breach of dutv or 
fraud, mistake or duress. 

Sec. 48. Where a person having sold, mortgaged, or pledged 
goods which are in a warehouse and for which a negotiablere- 
ceipt has been issued, or having sold, mortgaged, or pledged the 
negotiable receipt representing such goods, continues in posses¬ 
sion of the negotiable receipt, the subsequent negotiation thereof 



672 


by that person under any sale, or other disposition thereof to 
any person receiving the same in good faith, for value and with¬ 
out notice of the previous sale, mortgage or pledge, shall have 
the same effect as if the first purchaser of the goods or receipt 
had expressly authorized the subsequent negotiation. 

Sec. 49. Where a negotiable receipt has been issued for 
goods, no seller’s lien or right of stoppage in transitu shall de¬ 
feat the rights of any purchaser for value in good faith to whom 
such receipt has been negotiated, whether such negotiation be 
prior or subsequent to the notification to the warehouseman 
who issued such receipt of the seller’s claim to a lien or right of 
stoppage in transitu. Nor shall the warehouseman be obliged 
to deliver or justified in delivering the goods to an unpaid seller 
unless the receipt is first surrendered for cancellation. 

Sec. 50. A warehouseman, or any officer, agent, or servant 
of a warehouseman, who issues, or aids in issuing a receipt 
knowing that the goods for which such receipt is issued have not 
been actually received by such warehouseman, or are not under 
his actual control at the time of issuing such receipt, shall be 
guilty of a crime, and upon conviction shall be punished for 
each offense by imprisonment not exceeding five years, or by a 
fine not exceeding five thousand dollars, or by both. 

Sec. 51. A warehouseman, or any officer, agent or servant 
of a warehouseman, who fraudulently issues or aids in fraudu¬ 
lently issuing a receipt for goods knowing that it contains any 
false"statement, shall be guilty of a crime, and upon conviction 
shall be punished for each offense by imprisonment not exceed¬ 
ing one year, or by a fine not exceeding one thousand dollars, or 
by both. 

Sec. 52. A warehouseman, or any officer, agent or servant 
of a warehouseman, who issues or aids in issuing a duplicate or 
additional negotiable receipt for goods knowing that a former 
negotiable receipt for the same goods or any part of them is out¬ 
standing and uncancelled, without plainly placing upon the 
face thereof the word “Duplicate” except in the case of a lost or 
destroyed receipt after proceedings as provided for in section 
14, shall be guilty of a crime, and upon conviction shall be pun¬ 
ished for each offense by imprisonment not exceeding five years, 
or by a fine not exceeding five thousand dollars, or by both. 

Sec. 53. Where there are deposited with or held by a ware¬ 
houseman goods of which he is owner, either solely or jointly or 
in common with others, such warehouseman, or any of his offi¬ 
cers, agents, or servants who, knowing this ownership, issues or 
aids in issuing a negotiable receipt for such goods which does 



673 


not state such ownership, shall be guilty of a crime, and upon 
conviction shall be punished for each offense by imprisonment 
not exceeding one year, or by a fine not exceeding one thousand 
dollars, or by both. 

Sec. 54. A warehouseman, or any officer, agent, or servant 
of a warehouseman who delivers goods out of the possession of 
such warehouseman, knowing that a negotiable receipt the ne¬ 
gotiation of which would transfer the right to the possession of 
such goods is outstanding and uncancelled, without obtaining 
the possession of such receipt at or before the time of such deliv¬ 
ery, shall, except in the cases provided for in section 14 and 36, 
be guilty of a crime, and upon conviction shall be punished for 
each offense by imprisonment not exceeding one year, or by a 
fine not exceeding one thousand dollars, or by both. 

Sec. 55. Any person who deposits goods to which he has not 
title, or upon which there is a lien or mortgage, and who takes 
for such goods a negotiable receipt which he afterwards nego¬ 
tiates for value with intent to deceive and without disclosing 
his want of title or the existence of the lien or mortgage must 
on conviction be punished as if he had stolen the same. 

Sec. 56. In any case not provided for in this act, the rules of 
law and equity, including the law merchant, and in particular 
the rules relating to the law of principal and agent and to the 
effect of fraud, misrepresentation, duress or coercion, mistake, 
bankruptcy, or other invalidating cause, shall govern. 

Sec. 57. This act shall be so interpreted and construed as 
to effectuate, its general purpose to make uniform the law of 
those states which enact it. 

Sec. 58. (1) In this act, unless the context or subject-mat¬ 

ter otherwise requires—“Action” includes counter claim, set 
off, and suit in equity. “Delivery” means voluntary transfer of 
possession from one person to another. “Fungible goods” 
means goods of which any unit is, from its nature or by mercan¬ 
tile custom, treated as the equivalent of any other unit. “Goods” 
means chattels or merchandise in storage, or which has been or 
is about to be stored. “Holder” of a receipt means a person 
who has both actual possession of such receipt and a right of 
property therein. “Order” means an order by indorsement on 
the receipt. “Owner” does not include mortgagee or pledgee. 
“Person” includes a corporation or partnership or two or more 
persons having a joint or common interest. To “purchase” in¬ 
cludes to take as mortgagee or as pledgee. “Purchaser” in¬ 
cludes mortgagee and pledgee. “Receipt” means a warehouse 
receipt. “Value” is any consideration sufficient to support a 


it GA 



674 


simple contract. An antecedent or pre-existing obligation, 
whether for money or not, constitutes value where a receipt is 
taken either in satisfaction thereof or as security therefor., 
“Warehouseman” means a person lawfully engaged in the busi¬ 
ness of storing goods for profit. (2) A thing is done in “good 
faith” within the meaning of this act, when it is in fact done 
honestly, whether it be done negligently or not. 

Sec. 59. The provisions of this act do not apply to receipts 
made and delivered prior to the taking effect of this act. 

Sec. 60. All acts or parts of acts inconsistent with this act 
are hereby repealed. 

Sec. 61. This act may be cited as the Uniform Warehouse 
Receipts Act. 

Approved September 25, 1915. 


No. 627.) (S. 308—Judge. 

AN ACT 

To propose and submit to the qualified electors of the State of Alabama at 
an election to be held on the first Monday after the expiration of three 
months from and after the final adjournment of the present session of 
the Legislature at which this amendment is proposed, an amendment to 
the Constitution of Alabama whereby the city of Birmingham may levy 
and collect a rate of taxation on the property situated therein not ex¬ 
ceeding in the total in any one year one and one-half per centum of the 
value of such property assessed as provided by the Constitution and the 
statutes now or hereafter enacted pursuant to the Constitution, but 
provided that the total rate of taxation levied by said city shall not in 
any one year exceed one per centum per annum, unless the rate in ex¬ 
cess thereof shall have been submitted to and authorized by ballot by 
the qualified electors of said city at elections to be held from time to 
time for such purpose, and to provide for such elections. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the following amendment to the Constitu¬ 
tion of Alabama is hereby proposed to be submitted to the quali¬ 
fied electors of the State of Alabama for their consideration at 
an election to be held on the first Monday after the expiration 
of three months from and after the final adjournment of the 
present session of the Legislature at which this amendment is 
proposed, to-wit: “The city of Birmingham may levy and col¬ 
lect a rate of taxation on the property situated therein, not 
exceeding in the total in any one year, one and one-half per 
centum of the value of such property, assessed as provided by 
the Constitution, and the statutes "now or hereafter enacted 
pursuant to the Constitution. But provided that the total rate 



675 


of taxation levied by the city of Birmingham shall not, in any 
one year, exceed one per centum per annum unless the rate in 
excess of one per centum for such year, shall have been submit¬ 
ted by the governing body of said city to the qualified voters 
of said city, at an election held within such year or within three 
years prior to the beginning of such year, and shall have been 
authorized for such year by the majority vote by ballot of the 
qualified voters of said city voting upon such proposition. And 
an increase in the rate of taxation, in excess of one per centum 
per annum, may be authorized at one election for one year, or 
for two or three successive .rears, and if, for more than one year, 
at the same or different excess rates for the respective years. 
In the event an excess rate submitted for any year or years shall 
not be so authorized at any election, a new lower excess rate for 
such year or years may be submitted by the governing body of 
said city to the qualified voters of said city for like authorization 
at a subsequent election or elections held at any time or times 
thereafter. Each election held under the provisions hereof 
shall be ordered, held, canvassed, and contested in the same 
manner as is or may be provided by law, applicable to said city, 
for elections to authorize the issuance of municipal bonds. 
Ballots used at such elections shall contain the words “For 

. excess rate of taxation for the year (or years) 

.j and “Against.excess rate of taxa¬ 
tion for the year (or years) .” The rate of taxa¬ 

tion proposed in excess of the rate of one per centum to be 
shown in the blank space provided therefor, and the year or 
years in which the proposed rate is to apply to be shown in the 
blank space provided therefor; and, in the event different excess 
rates are proposed for different years, the words mentioned 
shall be repeated as often as may be necessary to show sepa¬ 
rately the different excess rates proposed to be applied to the 
respective years. And the voter shall record his choice, whether 
for or against the excess rate or rates shown, by placing a 
cross-mark before or after the words expressing his choice. 
Nothing herein contained shall in any wise change or affect the 
rights of any holder of bonds of said city heretofore issued.” 

Sec. 2. That it shall be the duty of the Governor to give 
notice by proclamation to be published in one newspaper in 
each county in the State at least eight successive weeks next 
preceding the said election on the amendment proposed by this 
act to be submitted to the qualified electors of the State for 
their consideration, together with the proposed amendment. 
Before making such proclamation the Governor shall ascertain 







676 


the cost of publishing the notice as herein required and shall 
certify the amount of such cost, so ascertained by him to the 
governing body of the city of Birmingham, and thereupon the 
governing body of the city of Birmingham shall pay or cause 
to be paid into the State treasury the sum of money so certified 
to them by the Governor for the purpose of paying the cost of 
the publication of the notice required by this act. 

Sec. 3.' That at the said election, on the amendment pro¬ 
posed by this act to be submitted to the qualified electors of 
the State for their consideration, to be held as herein provided, 
the qualified electors shall vote upon said amendment, and. on 
the official ballots printed for such election, there shall be print¬ 
ed the following, viz.: “Shall the following be adopted as an 
amendment to the Constitution of Alabama: ‘The city of Bir¬ 
mingham may levy and collect a rate of taxation, on the prop¬ 
erty situated therein, not exceeding in the total in any one 
year, one and one-half per centum of the value of such prop¬ 
erty assessed as provided by the Constitution, and the statutes 
now or hereafter enacted pursuant to the Constitution. But 
provided that the total rate of taxation levied by the city of 
Birmingham shall not, in any one year, exceed one per centum 
per annum, unless the rate in excess of one per centum for such 
year, shall have been submitted by the governing body of said 
city to the qualified voters of said city, at an election held within 
such year or within three years prior to the beginning of such 
year, and shall have been authorized for such year by the ma¬ 
jority vote by ballot of the qualified voters of said city voting 
upon such proposition. And an increase in the rate of taxation, 
in excess of one per centum per annum may be so authorized at 
one election for one year, or for two or three successive years, 
and if, for more than one year, at the same or different excess 
rates for the respective years. In the event an excess rate sub¬ 
mitted for any year or years shall not be so authorized at any 
election, a new lower excess rate for such year or years may be 
submitted by the governing body of said city to the qualified 
voters of said city for like authorization at a subsequent election 
or elections held at any time or times thereafter. Each election 
held under the provisions hereof shall be ordered, held, can¬ 
vassed, and contested in the same manner as is or may be pro¬ 
vided by law, applicable to said city, for elections to authorize 
the issuance of municipal bonds. Ballots used at such elections 
shall contain the words “For.excess rate of taxa¬ 
tion for the year (or years) .” and “Against 

.excess rate of taxation for the year (or years) 

.” The rate of taxation proposed in excess of the 







677 


rate of one per centum to be shown in the blank space provided 
therefor, and the year or years in which the proposed rate is to 
apply to be shown in the blank space provided therefor; and in 
the event different excess rates are proposed for different years, 
the words mentioned shall be repeated as often as may be neces¬ 
sary to show separately the different excess rates proposed to 
be applied to the respective years. And the voter shall record 
his choice, whether for or against the excess rate or rates shown, 
by placing a cross-mark before or after the words expressing 
his choice. Nothing herein contained shall in any wise change 
or affect the rights of any holder of bonds of said city hereto¬ 
fore issued.’ ” Following the proposed amendment on the bal¬ 
lot shall be printed the word “Yes” and immediately under that 
shall be printed the word “No.” The choice of the elector shall 
be indicated by a cross-mark made by him or under his direction 
opposite the word expressing his desire. 

Sec. 4. That the officers to hold such election shall be the 
same, and shall be appointed in the same manner and by the 
same officials as provided by the election law of the State for 
the appointment of officers to hold general elections in this 
State, and the elections shall be held in all things in accordance 
with the law governing general elections and with the constitu¬ 
tional provisions concerning amendments to that instrument. 

Sec. 5. That the votes cast at said election shall be counted, 
canvassed and tabulated and returns thereof made to the secre¬ 
tary of State in the manner as in elections for representatives 
to the Legislature; and if it shall thereupon appear that a 
majority of the qualified electors who voted at such election 
upon the proposed amendment voted in favor of the same, such 
amendment shall be valid to all intents and purposes as a part 
of the Constitution of Alabama, The result of such election 
shall be made known by proclamation of the Governor. 

Sec. 6. That the Legislature of Alabama favors such pro¬ 
posed amendment to the Constitution of Alabama. 

Sec. 7. That in the case the amendment to the Constitution 
of Alabama proposed in this act be adopted, no election shall 
be held in the city of Birmingham prior to October 1st, 1916, 
under the authority granted therein, for the purpose of author¬ 
izing the levy of a rate of taxes in excess of one per centum 
per annum. Provided, however, that if the levy of any such 
excess rate be authorized before November 1, 1916, the said 
excess rate may be, by the governing body of said city made 
applicable to and may be levied for the tax vear beginning 
October 1, 1916. 

Approved September 22,1915. 



678 


No. 628.) (S. 444—Hartwell. 

AN ACT 

To create a State harbor commission to be known as the “State Harbor 
Commission,” define its jurisdiction, powers and duties and prescribe 
the mode of procedure and penalties for violation of this act, and to 
repeal all laws in conflict therewith. 

Be it enacted by the Legislature of Alabama: 

1. A board of State harbor commissioners to consist of seven 
members is hereby constituted, with such powers and duties as 
are prescribed in this act, and as may hereafter be prescribed 
by law. 

2. On the passage of this act, the Governor shall appoint 
two of said commissioners to hold office for three years, two for 
four years, one for five years, one for six years and one for seven 
years, from January 1st, 1916, and until their successors are 
qualified. The said commissioners shall thereafter be appoint¬ 
ed for five years from the dates of their respective commissions, 
and until their successors are qualified. The commissioners 
shall serve without compensation, but all traveling expenses 
incurred by the board in the performance of their duties shall 
be paid for out of the funds in the treasury. 

3. If a vacancy occurs from any cause in the office of a com¬ 
missioner before the expiration of his term, his successor must 
be appointed by said board and hold office only for the unex¬ 
pired portion of such term. 

4. All the members of said board at the time of their ap¬ 
pointment and during their respective term of office, shall be 
citizens of the United States and residents of the State of Ala¬ 
bama, and at the time of their appointment five of said commis¬ 
sioners shall be residents of Mobile county, must be prominent¬ 
ly identified with the commerce or business interest of Mobile. 
The other two commissioners at the time of their appointment 
must be prominently identified with the commerce or business 
of the counties of Jefferson, Walker or Tuscaloosa, respectively, 
and one of said two commissioners shall be appointed from 
among the residents of said counties of Jefferson, Walker and 
Tuscaloosa. At the expiration of their term, their successors 
shall be appoinetd by the Governor for a term of five years each. 
Each commissioner shall be required to execute a bond in the 
sum of five thousand dollars for the faithful performance of his 
duty in some bonding company authorized to do business in the 
State of Alabama and the premium on said bonds shall be paid 
from the treasury of said board. 



679 


5. The commissioner first appointed for seven years, and 
thereafter his successor, shall be president and executive officer 
of the board. It shall be his duty to preside at its meetings, to 
supervise the official conduct of all its officers and employees, 
especially in the collection, custody and disbursement of the 
revenues of said board, and to require all books, papers and ac¬ 
counts to be accurately kept and in proper form, and ail the 
provisions of law and the regulations of the board be enforced 
and observed. He may administer official oaths to the officers 
and employees of the board, except the other commissioners, 
and to all other persons in relation to the business of the board. 
In the absence of the president, the remaining commissioners 
shall select from their number an acting president to hold office 
during the absence of the president. The acting president shall 
have all the power and authority possessed by the president. 

6. The commissioners shall meet at least once a month at 
such time and place as may be by them selected, and may meet 
oftener as business requires. 

7. The board of State harbor commissioners on entering on 
the duties of their office must appoint a secretary and treasurer, 
a chief wharfinger, and, as occasion requires, may appoint such 
number of deputy wharfingers, collectors, attorneys, clerks and 
other employees as may be necessary. Such officials shall hold 
office for such time and on such terms and conditions as the 
commissioners may determine, except that the secretary is re¬ 
quired to make bond and oath as is hereinafter provided. 

8. The jurisdiction of said board shall extend over the waters 
and shores of Mobile Bay, Mobile River, and over all tributary 
streams flowing into Mobile Bay and Mobile River, in which the 
tide ebbs and flows extending to the outer bar below Fort Mor¬ 
gan, Alabama. 

8V2. All property acquired, owned, held or controlled by the 
board, as herein constituted, hereunder or otherwise, shall be 
held in trust by it for the benefit of the holders of the bonds and 
obligations, issued and incurred by it hereunder and for the 
public in aid and promotion of commerce, trade and navigation 
on the navigable waters of the State and passing through the 
ports and landings abutting thereon, but not otherwise. And 
said board shall not have power either directly or indirectly to 
sell, mortgage, encumber, lease or convey the same, all or any 
part thereof, to others; except by authority, to that effect, ex¬ 
pressly granted by the Legislature of Alabama. But, however, 
the board shall have power and they are expressly authorized, 
to expend the revenues, cash and credits received by them or col- 



680 


lectible by them, under the laws now or hereafter existing, for 
personal services and salaries of employees and other purposes 
herein authorized and for operating expenses, and to pledge 
said revenues, cash and credits aforesaid to secure the payment 
of the principal and interest of the bonds and obligations is¬ 
sued or incurred by it hereunder. And the said board may sell 
and dispose of any and all personal property owned by it which 
may not then be necessary for its purposes or in the operation, 
conduct and maintenance of its business. Nothing herein con¬ 
tained shall be held or construed to prevent or limit the right of 
any vendor or grantor of any particular property sold to the 
board hereunder to reserve a vendors lien for unpaid purchase 
money thereon or of the board to give a mortgage thereon to 
secure the same, provided the same only covers the property 
upon which the vendor’s lien would attach. 

9. The said board shall have power to make all reasonable 
rules and regulations as to where vessels shall be moored, and 
where vessels shall be placed, and for the shifting and mooring 
of vessels. 

10. The said board shall have power to lease, install, ac¬ 
quire, create, own, hold, maintain, equip, use, control and oper¬ 
ate wharves, piers, docks, quays, warehouses and other water 
terminals and other structures needful for the convenient use 
of same in the aid of commerce, including the dredging of ap¬ 
proaches thereto. All such structures are to be subject to such 
lines and limitations as may be now, or hereafter at any time, 
laid or placed by any authority of the United States or of the 
State of Alabama for control of harbor and pier lines. The said 
board shall have power to locate, install, build, acquire, own, 
hold, maintain, control and operate a line or lines of terminal 
railroads, with necessary sidings, turnouts, spurs, branches, 
switches, yard tracks, bridges, trestles and causeways, and in 
connection therewith or appurtenant thereto, shall have the 
further right to lease, install, build, acquire, own, maintain, 
control, and use any and every kind or character of motive 
power and conveyance of appliance necessary or proper to carry 
goods, wares, and merchandise over, along or upon the tracks of 
such railroads, any plant or structure or machinery for accu¬ 
mulating, storing, handling, shaping, reducing in bulk or pre¬ 
paring for shipment, any goods, wares and merchandise carried, 
or to be carried over, along or upon such railroads. 

11. The said board shall have the right and authority with 
its terminal railroads, to connect with or cross any other rail¬ 
road, and to receive, deliver to and transport the freight, pas- 



681 


sengers and cars of common carrier railroads, as though it were 
an ordinary common carrier railroad. They shall have and en¬ 
joy all rights, powers and immunities incident to corporations. 

12. The said board with the consent of the city or county 
authorities may cause the tracks of such terminal railroads to 
be laid upon any streets or roads which are how open or dedi¬ 
cated, or that may hereafter be opened or dedicated, within 
their respective corporate limits, and any bridge, trestle, cause¬ 
way, or other structure necessary or proper to be constructed in 
order to enable any tracks constructed under authority of this 
act, to reach any piers, docks, wharves, warehouses, quays, or 
other public terminals, may be constructed and maintained per¬ 
petually over, or upon any lands owned by the State of Ala¬ 
bama, provided the strip of State land so used shall not be more 
than one hundred and twenty-five feet in width, but all such 
bridges, trestles, causeways, or other structures when across or 
over navigable waters, or the shores thereof, shall be erected un¬ 
der such limitations or restrictions as may be now, or at any 
time, made or placed by any authority of the United States or 
of the State of Alabama, having control of harbor and pier 
lines, and so as not to infringe upon the riparian rights of any 
person, unless said rights shall have been acquired by purchase, 
condemnation or otherwise by such cities. 

13. For the acquiring of rgihts of way and property neces¬ 
sary for the construction of the railroads and structures author¬ 
ized in accordance with this act, such board shall have the right 
and power of purchase and eminent domain, and should they 
elect to exercise the right of eminent domain, they may proceed 
in the manner provided by the general laws of the State of Ala¬ 
bama for procedure by any county, municipality or corporation 
organized under the laws of this State, or any person or asso¬ 
ciation of persons proposing to take lands or to acquire an in¬ 
terest or easement therein, for any uses for which private prop¬ 
erty may be taken. 

14. The said board shall have the right to make and collect 
suitable charges for the performance of any service rendered 
under the authority given in this act, all charges for transporta¬ 
tion being subjeet to control by the railroad commission of Ala¬ 
bama or other governmental authority in the same manner as 
ordinary common carrier railroads are regulated. 

15. For the acquiring of the property or riparian rights nec¬ 
essary for the construction or control of said wharves, piers, 
docks, quays, warehouses and other water terminals, and other 
structures for the convenient use of same in the aid of commerce 



682 


authorized to be constructed or controlled under the provisions 
of this act, the board shall have the right to purchase and of 
eminent domain, they may proceed in the manner provided by 
the general laws of the State of Alabama for procedure by any 
county, municipality or corporation organized under the laws 
of this State, or any person or association of persons proposing 
to take lands or to acquire an interest or easement therein, for 
any uses for which private property may be taken. From any 
order or regulation of the board of State harbor commissioners 
fixing, making or establishing any fee, rate, charge, compensa¬ 
tion, or regulation for any service in or about the business or 
control of the river, harbor or port of Mobile, an appeal may be 
taken by any party in interest to the State railroad commission, 
and the State railroad commission shall and is hereby given the 
power and authority to hear and determine the same and to 
make all necessary orders for the enforcement of its findings. 

16. The said board may issue bonds for the purpose of pay¬ 
ing the purchase money and cost of construction of property 
purchased or constructed under the authority contained herein. 
But the State of Alabama shall not be bound or liable in any 
manner whatsoever for the payment of said bonds or interest 
thereon. 

17. All bonds and interest coupons attached to the same, 
issued under the authority of this act shall be exempt from 
State, county and municipal taxation, and the same shall have 
all the property and protection of commercial paper. 

18. The denomination of the bonds, the time for which the 
same shall run, the place of payment, and the rate of interest to 
be paid on the same shall be fixed by the board, but no bonds 
issued under the provisions of this act shall bear a greater rate 
of interest than six per cent per annum, and the same shall not 
be sold for less than face value. 

19. All bonds issued under the authority of this act shall be 
signed by the chief executive officer and countersigned by the 
secretary and treasurer of the board issuing the same, and the 
official seal of the board shall be impressed upon or affixed to 
the same. 

20. All bonds so issued shall have attached to the same, in¬ 
terest coupons, which shall bear the signature of the chief ex¬ 
ecutive officer, and the secretary and treasurer of the board is¬ 
suing the same, but their said signatures may be printed or lith¬ 
ographed fac-similes. 

21. No irregularity in the proceedings to authorize the issue 
of bonds under this act nor the omission or neglect of any offi- 



683 


cer charged with executing any of the duties imposed by this 
act, shall affect the validity of any bonds issued under the au¬ 
thority of this act. 

22. The said board shall have power to fix wharf harbor 
lines. All w T harves shall be open to the use of all persons en¬ 
gaged in commerce on said river and bay, without the distinc¬ 
tion or discrimination, in order that the navigable waters of 
Mobile bay and Mobile river, within the jurisdiction of said 
board shall remain forever public highways, free to the citizens 
of the State and of the United States, and that the wharfage de¬ 
manded from the owner of merchandise or commodities for the 
use of wharves erected on said shores may be uniform, and that 
no discrimination in their use may be made by the owners of 
said wharves. The said board shall have power to prescribe 
reasonable rules and regulations to prevent any discrimination 
in the use of said wharves, and to prevent improper and unjust 
charges. The said board shall have the right and power to re¬ 
quire the owners of the upland who have constructed wharves 
upon the said shores to keep their property in proper repair, to 
issue an order forbidding the owner of such uplands and such 
wharves to make any charge for the use of said wharves until 
such wharves are repaired, in accordance with the orders and 
directions of the board, provided, however, that the owner of 
such wharves may permit people to use such wharves, and to 
use the same himself, herself or itself, but such owner shall not 
make any charge therefor. 

23. The secretary must keep the office of the board open 
every day (legal holidays excepted) from eight o’clock A. M. to 
five o’clock P. M. He shall safely keep and be responsible for 
all moneys paid into the office, and for all books and papers of 
the board, and attend such meetings, and keep a perfect record 
of their proceedings, and of the names of the commissioners 
present thereat. He must keep in proper books an account of 
all moneys received and paid. On or before the 5th day of each 
month, he must prepare five statements showing all moneys 
received and paid for the preceding month, and have the same 
show the sources from which such moneys were received, and 
the purposes for which they were paid, and one copy given to 
each of the commissioners. All moneys collected by him shall 
be deposited in a bank or banks designated by the board, and 
drawn out by check signed by the president and secretary of the 
board. He must enter daily in proper wharf books, the returns 
made by the wharfingers and collectors, and on the last day of 
each month, settle the accounts of each of them, and balance the 



684 


said books as soon as practicable thereafter. When money is 
received from any source, he must retain a stub corresponding 
in number, date and amount, with the receipt given therefor, 
and he must require the person paying it to sign said stub. He 
must record at length all contracts and agreements made by the 
board, and keep a record of all personal property purchased, 
and its costs; and in case any be sold, the name of the pur¬ 
chaser, date of sale and price received therefor. Before enter¬ 
ing on the duties of his office, he must give an official bond in 
the sum of five thousand dollars, premium on same to be paid 
out of the funds of the board, and take and subscribe an official 
oath. Said bond must be in some approved guaranty or bond¬ 
ing company acceptable to the board, and be filed with such 
oath in the office of the secretary of State. The secretary of the 
board must make a complete statement of all the transactions 
of the board also a statement showing the expenditures and dis¬ 
bursements, assets and liabilities of the board, together with in¬ 
formation, and date as to the amount and the character of ton¬ 
nage and shipping passing through the port of Mobile, and the 
gross and net tonnage of all vessels passing through the port, 
together with the draft of the same and the amount of pilotage 
and port fees and tolls collected from said vessels, which said 
report may not be itemized but may be shown by giving classifi¬ 
cation and the number of vessels of like kind, tonnage or draft 
and aggregate amount of fees, etc., exacted on each class of ves¬ 
sel, to the Governor for the year ending the 31st of December, 
1916, and on the 31st day of December of each following year, 
and shall make a like report to the Legislature of Alabama for 
the preceding and intervening years, which said report shall be 
filed not later than the 31st day of January of each year. 

24. The chief wharfinger must station, berth and regulate 
the positions of vessels in the docks and harbor, and cause them 
to be removed from time to time, and from place to place, as the 
general convenience, safety and good order may require. In 
case any vessel shall fail or refuse to move as directed by the 
chief wharfinger, he shall cause same to be moved at the expense 
of such vessel, which expense shall constitute a lien upon the 
vessel. He shall not interfere with the directions by the master, 
owner, agent or consignee of a vessel as to a wharf, bulkhead or 
shore berth for the discharge or receipt of cargo or ballast, 
where such wharf, bulkhead or shore berths so selected or erect¬ 
ed within the limits of the jurisdiction of said board and in the 
manner of construction provided by said board, nor station 
such vessel at other berths than the ones so selected by the mas- 



685 


ter, agent, owner or consignee, unless the person or authority 
controlling such wharf prohibits its use for such purposes by 
the vessel, or unless the use of such wharf bulkhead or shore 
berth has under the provisions of this act been revoked. He 
may from time to time remove any such vessels as is not em¬ 
ployed, or immediately about to be employed, in receiving or 
discharging cargo, or "ballast, if necessary, to make room for 
such other vessel as may require immediate accommodation for 
receiving or discharging cargo or ballast. He may require per¬ 
sons in charge of vessels made fast to a wharf or shore or lying 
in the stream, to adjust their spars, boats, etc., so that they will 
not interfere with other vessels. He shall have authority to de¬ 
termine how far and when persons in charge of vessels shall 
accommodate each other in their station. 

25. The chief wharfinger of said board must, on written ap¬ 
plication by the owner, master or consignee of a vessel, arriving 
within the jurisdiction of said board, inspect the hatches, be 
present at the opening thereof, and survey the stowage of the 
cargo of said vessel, and it shall be the duty of the said wharf¬ 
inger to give reasonable notice of the time of opening and in¬ 
spection of hatches and survey of stowage to all consignees in 
writing, or by advertisement, and said consignee or their agents 
shall be allowed to be present at such time of opening, survey 
and inspection. The record of the inspection and survey shall 
state whether the hatches were properly covered and secured 
shall designate by marks and numbers, every package of mer¬ 
chandise surveyed, and if any package had the appearance of 
being damaged, shall state how such package appeared to have 
received damage. 

26. The secretary of the board and the chief wharfinger, or 
one of the deputy wharfingers, where applied to for that pur¬ 
pose, must inspect damaged cotton or merchandise arriving 
within the jurisdiction of said board, and if the owner or con¬ 
signee thereof orders it sold under their direction, attend and 
direct the sale at public auction, if, in their opinion, the damage 
thereto is sufficient to justify its sale, but only upon forty-eight 
hours notice of the time and place of sale in some newspaper of 
Mobile. They must give a certificate of such survey and of the 
correctness of such sale under their hands. 

27. The secretary of said board and the chief wharfinger, or 
one of the deputy wharfingers, shall when called upon by the 
master, owner or consignee of any vessel, survey the same, and 
name and employ carpenters to open the ceiling, slip the sheath¬ 
ing, bore the timbers, and perform such other work as shall be 



686 


necessary to a correct survey; and in case of survey of mer¬ 
chandise, may employ laborers to open, move, cooper, or other¬ 
wise arrange cotton or merchandise to be surveyed, the expense 
thereof to be paid by the person requiring the service. 

28. The chief wharfinger must require all wharf owners, 
dock companies, shipmasters, consignees, pilots and masters of 
tow boats to conform to the regulations of the board. He must 
require the harbor, docks, slips, wharves, piers and other prem¬ 
ises under the jurisdiction of said board to be kept free of all 
obstructions, and when parties fail to obey his order, to remove 
the same, he must forthwith report the fact to the board, and 
execute their orders in relation thereto. 

29. The said board shall constitute a board of commission¬ 
ers of pilotage. 

30. At no time shall there exist more than thirty pilots hold¬ 
ing valid branches or licenses to serve as Mobile bay or bar 
pilots. At any time when there shall be less than thirty of said 
pilots, and the board, or a majority of them, shall be of the opin¬ 
ion that the necessity of commerce demands an increase of the 
actual number serving as such pilots, they shall have the power 
to branch or license a sufficient number of bay or bar pilots to 
meet such necessity; but the number so branched or licensed 
shall not increase the total number of such pilots to exceeding 
thirty. No person shall be so branched or licensed who has not 
made due application and been regularly examined and certified 
to be competent to fill such appointment as hereinafter re¬ 
quired. When a pilot first receives his branch he shall take his 
station on Mobile bar and the senior pilot serving there shall 
take his station at Mobile, Ala. No person shall apply for a 
license or branch as a bay or bar pilot who has not served at 
least one year as an apprentice, or boat keeper, on board a pilot 
boat, in commission as such on the Mobile bay and bar and 
who has not also assisted as pilot on at least one entire trip a 
week for twelve weeks within a continuous period of six months 
in company with some licensed Mobile bay or bar pilot, or on a 
seagoing vessel or tug; and the Mobile bay or bar pilots shall 
always keep upon the pilot boats not less than three appren¬ 
tices or boat keepers; and no Mobile bay or bar pilot, apprentice 
or boat keeper shall be discharged except for cause, and any 
such apprentice or boat keeper so discharged shall have the 
right to appeal from such discharge to the board, and should the 
board, upon investigation, find that such discharge was without 
sufficient cause, they shall have the power to annul such dis¬ 
charge and reinstate such apprentice or boat keeper. Every 



687 


application for a license or branch must be in writing, accom¬ 
panied by a certificate of the registered master of a pilot boat, 
that the applicant has served his apprenticeship as hereinabove 
required, and by an affidavit by the applicant, that he has made 
the trips herein provided. Before an applicant is branched or 
licensed, the board must prepare in writing suitable questions 
to test his knowledge and competency to become such pilot who 
without any aid from any other person, and without having 
been informed as to what questions would be propounded to 
him; when the applicant has reduced his answers to writing he 
shall sign the same and deliver them to one of the commission¬ 
ers, and the board must cause such answers to be copied legibly, 
but without the name of the applicant. The board shall then 
appoint three fair, impartial and competent nautical men as a 
committee to examine the answers of the applicants. The appli¬ 
cant or applicants may name one of these, the existing pilots 
name another, and the board, or a majority of them shall name 
the third. The committee shall examine the copies of the an¬ 
swers of applicants, and shall endorse upon the answer of such 
of the applicants as they find sufficient, the following certifi¬ 
cate : “We hereby certify that the foregoing answers are satis¬ 
factory, and that, in our opinion, the applicant making the same 
is well acquainted with the pilot grounds, and knows how to 
handle both steam and sailing vessels, and is competent to per¬ 
form the duties of a bay or bar pilot.” When such certificate is 
duly signed and delivered to the board, the applicant shall be 
deemed qualified to receive a license. 

31. Any pilot having knowledge of the violation of any of 
the provisions of this act, or of the rules and regulations estab¬ 
lished by the said board, must, as soon as practicable, give the 
secretary of said board information thereof, and failing to do 
so the board shall have the right to suspend the license of said 
pilot for such a length of time or forever disqualify him, as in 
their judgment they deem proper. 

32. For anv violation by any one of the pilots of any of the 
provisions of this act, or any of the rules and regulations estab¬ 
lished by the said board under the authority conferred upon 
the said board by the provisions of this act, or under any au¬ 
thority which may hereafter be conferred upon them, the said 
board may suspend or revoke the license or branch of such pilot 
so violating the law, or such rules and regulations of said board. 
The secretary of said board shall notify such pilot, in writing, 
of the specific charge preferred against him, specifying reasona¬ 
ble certainty the law or rule or regulation violated, the manner 



688 


in which the same was violated, and the time and place of such 
offense, and shall by direction of the hoard fix the time for hear¬ 
ing of said charges not less than five nor more than thirtv davs 
from the date of such notice. At the time and place set forth in 
said notice, such pilot may appear in person, or by counsel, and 
thereupon the said board shall hear and determine the said 
charges. The board shall have the power to. subpoena witnesses 
such subpoenas to be served under the seal of the said board’ 
and attested by the signature of the secretary, and to be served 
by the sheriff of Mobile county, or the sheriff of Baldwin coun¬ 
ty, according to the residence of such witnesses. The fees of 
the sheriff for serving such subpoenas shall be paid out of the 
funds of the said board. 

33. On the failure to answer such subpoenas, when so 
served, such witnesses shall forfeit the sum of fifty dollars, for 
which the said board may, in its own name, bring suit in a court 
of competent jurisdiction. 

34. Such witness shall be paid the sum of one dollar and a 
half a day during their attendance upon such board at such 
hearing, and five cents a mile for each mile traveled in going 
from their place of residence to the place of hearing, and five 
<?ents a mile for returning. Such witness fees shall be paid out 
of the funds of said board. 

35. Such pilot against whom such charges have been filed 
shall have the right, upon depositing with the secretarv of said 
board an amount sufficient to cover the cost and expenses of 
serving such subpoenas, together with the mileage of such wit¬ 
nesses, and an amount sufficient to cover at least three days 
attendance of such witnesses, to require the secretary of said 
board to issue subpoenas for witnesses in his behalf in the name 
of said board, such subpoenas to be issued and served as in the 
case of subpoenas issued by the direction of the board, and for 
failure of witnesses to attend upon being served with such sub¬ 
poenas, the same penalty shall be imposed and collected. 

36. Such hearing shall be conducted under such rules and 
regulations as the board may from time to time establish. The 
board shall hear the testimony of the witnesses, and shall have 
the power to administer oaths, to such witnesses, and false 
swearing, after the administration of such oath by such board, 
shall constitute perjury under the laws of the State of Ala¬ 
bama. 

37. Said pilot shall have the right to be represented by coun¬ 
sel at such hearing and the attorney for the said board shall 
represent the prosecution of such charges. 



689 


38. Upon completion of the hearing, or as soon thereafter as 
practicable the said board shall render its decision, and the 
decision shall be by a majority of said board. 

39. The said hearing may be adjourned from time to time as 
the board may direct, but no pilot shall be suspended until the 
final hearing by the board. 

40. Should the owner of any upland abutting upon the said 
shore, within the jurisdiction of said board, who has or may 
have erected wharves, docks, sheds or piers upon the shore, fail 
to comply with any of the rules and regulations of the said 
board, the said board shall notify such owner of such failure to 
comply with such rules and regulations. The said board shall 
have the power to prohibit such owner from making or collect¬ 
ing any charge for the use of the same by others. The secretary 
of said board shall notify the owner of such wharves in writing, 
under the seal of said board, as to the time and place and cir¬ 
cumstances of such violation. Thereupon, such owner may re¬ 
quest the said board, in writing, to set a date for the hearing by 
the board as to whether or not the rules and regulations have 
been so violated, and such hearing shall be conducted in the 
same manner as hearing of charges against pilots for the viola¬ 
tion of the rules and regulations of said board, and the same 
powers herein conferred upon the board to hear and determine 
such matters, and to issue subpoenas, and to compel the atten¬ 
dance of witnesses, and to administer oaths, in the case of viola¬ 
tions of regulations by pilots, are hereby conferred upon the 
board to determine the question of violations of regulations by 
the owners of wharves. 

41. It shall be the duty of said board to establish from time 
to time, as may appear to the said board necessary, for the pro¬ 
tection of the navigability of the waters within its jurisdiction 
and the integrity of Mobile harbor, and its improvements, lines 
for bulkheads, wharves, dry docks and booms, and lines for sim¬ 
ilar structures, and it shall be unlawful for any person to build 
or maintain a bulkhead, wharf, boom or dry dock, or similar 
structure, as the case may be, in any manner of form contrary 
to the regulations established by the said board, and said board 
is hereby authorized to have all and any portion of the waters 
embraced within the jurisdiction properly surveyed and sound¬ 
ed, and maps thereof made for filing in its office for its in forma 
tion, the expense of which shall be paid out of the funds of said 
board. 

42. All bulkheads, wharves, booms, stakes, piles, dry docks 
and similar structures, heretofore constructed, or placed within 



690 


the above defined limits, which do not conform to the present 
bulkhead or channel lines and regulations, and all wrecks or 
sunken or disabled boats or water craft lying without said lines 
shall be prima facie a nuisance, and all such structures, wrecks, 
or sunken or disabled water craft which are hereafter con¬ 
structed, placed or sunk or maintained in violation of the lines 
and regulations should be established by the said board in refer¬ 
ence thereto, are hereby declared to be a nuisance, and all such 
nuisances may be abated as hereinafter provided, or in any 
other manner now or hereafter authorized by law, as to all such 
future structures or obstructions, a violation of such regula¬ 
tions, shall be a public offense, which may be prosecuted by in¬ 
dictment or criminal information, and on conviction thereof the 
party offending shall be fined a sum not less than the costs of 
abating said nuisance, as may be shown by the evidence, unless 
he has already paid the cost of such abatement, and an addi¬ 
tional sum not exceeding two thousand dollars over and above 
the cost of such abatement, which fine shall be ascertained and 
fixed by the magistrate or jury trying the case, if tried by a jury. 
But if any respondent or defendant shall plead in abatement to 
any information filed or indictment found against him for any 
such offense and shall prove thereunder that such offense was 
committed more than twelve months before the exhibition of the 
information or the finding of the indictment, and the said board 
had not within twelve months, and more than thirty days before 
the said exhibition of such information or the finding of such 
indictment, serve written notice on the owner or agent in charge 
of said structure or obstruction or person erecting or placing 
the same, to abate such nuisance, such information or indict¬ 
ment shall be abated and no further prosecution for such of¬ 
fense shall be maintained if objected to by plea in abatement, 
until a written notice as above provided shall have been given 
within twelve months and more than thirty days from the be¬ 
ginning of such prosecution; and the construction or placing of 
such structures or obstructions in violation of law, and the 
maintenance thereof after notice to abate the same has been 
given, for each day that they are so allowed to remain may be 
held and treated as a continuing offense, and the owner, mana¬ 
ger, superintendent, agent, contractor or other employee order¬ 
ing or engaging in the erection or maintenance of said struct¬ 
ures or obstructions shall be held guilty under this section; and 
the police of the city of Mobile are authorized to enforce the reg¬ 
ulations of said board and to arrest all offenders who may be 
found violating, or who on proper warrant may be charged with 



691 


having violated such regulations and the recorder, or acting 
recorder of said city is hereby authorized and empowered to try 
and, upon conviction, punish all such offenders by a fine not 
exceeding fifty dollars a day for each day that such offender 
may be engaged in the construction or maintenance of such 
illegal structure or obstruction, providing, that the said re¬ 
corder, or acting recorder, shall not have jurisdiction to try any 
case with reference to any structure or obstruction which was 
erected or placed more than twelve months before the com¬ 
mencement of the prosecution. An appeal shall be allowed from 
the decisions of the recorder, or acting recorder, as in cases of 
appeal from the justices of the peace. All fines levied under 
this section shall be paid over to the county treasurer and shall 
be held subject to the order of said board. The said board shall 
also regulate the handling of the rafts and the character of rafts 
within the limits of its jurisdiction. And the said board may 
also regulate the anchorage, berthing and moorage of steam 
boats, or other water craft. And any violation of such regula¬ 
tion by the owners or persons in charge of any such rafts or 
boats shall be a misdemeanor, and the recorder of the city of 
Mobile shall have jurisdiction to try and punish all such of¬ 
fenders if the prosecution be commenced within twelve months, 
and all fines so imposed and cost of the prosecution shall be a 
lien on such rafts or boats, which may be seized on a writ issued 
by the recorder or acting recorder at the beginning of or during 
the prosecution, or after conviction, and so without further 
levy, to satisfy such fines and the costs of the prosecution, in¬ 
cluding the costs and seizure and sale; and all such sales shall 
be conducted in the same manner as sales of personal property 
on execution, the surplus arising from any such sale to be paid 
over to the proper claimant, or to be deposited with the board 
for account of such claimant when known. 

43. The said board may, on its own relation, file a bill in 
chancery court at Mobile, in the name of the State, for the 
abatement of such nuisance therein complained of, which bill 
shall be in the nature of an information. And it shall be the 
duty of the solicitor of Mobile county, on the written request of 
such board, to file such bill and to prosecute the case to a final 
decree and enforcement thereof. And if an appeal be taken to 
the Supreme Court, it shall be the like duty of the attorney gen¬ 
eral of the State, to prosecute or defend such case in that court. 
But the said board may employ counsel to prosecute such suit, 
whose fee in the premises shall be approved by the court and 
paid as part of the court costs of the case as hereinafter provid- 



692 


ed. And upon the filing of any such bill, it shall be the duty of 
said court to take jurisdiction of the subject matter thereof, 
and to make and enforce all proper decrees in the premises with¬ 
out requiring any fact to be established at law previous to the 
filing of such bill. In case of the non residence or contumacy 
of the defendant, the court additions to the powers possessed by 
it for enforcing its decrees in general, shall have the right to 
direct the sheriff to abate the nuisance by destroying or remov¬ 
ing the same, and any and all expenses attending the destruc¬ 
tion of such nuisance, as well as the court costs, including the 
fee of the complainant solicitor, shall be taxed against the de¬ 
fendant, and shall be a lien on all the property of the defendant 
in the chancery district from the date of filing of such bill. And 
on the return of the sheriff showing the amount of such expense, 
it shall he duty of the court, or of the chancellor, on application 
out of regular term of five days notice to the defendant, to direct 
an execution to issue against said defendant, and branch writs, 
if necessary, as in other cases, for the amount of such expenses 
and costs, and no property shall be exempt from the levy there¬ 
of. In case an appeal is taken by the defendant, he shall be re¬ 
quired, if he desire said appeal, to operate as a supersedeas, to 
give such reasonable bond as the chancellor may require, by 
order duly entered in the cause, conditioned to prosecute said 
appeal to effect or to pay the amount of the costs of the cause in 
both courts and of executing the decree, as well as all damages 
which may thereafter be sustained by any person because of 
the maintenance of such nuisance. 

44. That no security for costs shall be required in any case of 
said board or relators and said chancery court shall be consider¬ 
ed as open at all times for the purpose of the proceedings in this 
act authorized. In case any such court costs taxed against, com¬ 
plainants, excepting when taxed because of a return of a nulla 
bona against defendant, the same shall become a claim against 
county wherein such nuisance may be maintained, and a duly 
certified copy of the decree of the chancery court in the prem¬ 
ises shall be presented to the board’s court as an adjudged claim 
against such county, and may be collected as other judgments 
against such county are collected. Provided, no costs shall be 
taxed against the county unless the county is cast in the suit. 

45. That upon the filing of any application for the privilege 
of erecting, altering, or maintaining any wharf, bulkhead boom 
or dry dock, or other similar structure, as provided in previous 
sections of this act, it shall be the duty of the said board to care¬ 
fully examine the plan and specifications furnished them by the 



693 


applicant, and they may take the testimony as to any fact per¬ 
taining to said structure or its effect upon the navigation of 
such stream, and shall, if not otherwise accurately informed, 
have a survey made by an engineer designated by said board of 
the place or portion of the river which it is proposed said struct¬ 
ure shall occupy, and said engineer shall take sufficient sound¬ 
ings to show the depth of water along the line and within the 
enclosure of such bulkhead, wharf, or boom lines, or within the 
area to be covered by such dock; and a permanent record shall 
be made thereof with the date of such measurement; and in case 
any such application is granted, it shall be the duty of such 
board to have the said lines or area accurately defined by the 
city, or other competent engineer, by stakes or other signs, for 
the guidance of said applicant if desired by him and at his ex¬ 
pense ; and when such structure is finished survey thereof shall 
be had by the engineer employed by such board who shall re¬ 
port to said board and if such structure conforms to the re¬ 
quirements of said board a certificate of such fact shall be fur¬ 
nished to said applicant and a record then shall be made in the 
book of records of said board. It shall be the duty of such ap¬ 
plicant to furnish free transportation to and from the location 
of any structure, to said engineer and his necessary assistants, 
acting in the performance of any duty required by this section, 
or to the board of any authorized committee thereof, if they de¬ 
sire to personally inspect such location or work. The said en¬ 
gineer shall receive for his services such compensation as may 
be agreed upon between the said board and himself, not to ex¬ 
ceed ten dollars for each day; or fraction of a day, for his own 
services, and not exceed two dollars and fifty cents per day for 
each assistant necessarily employed by him, to be paid by the 
applicant. And said board may send the engineer to inspect 
any locality for the purpose of ascertaining whether any nui¬ 
sance has been or is being erected or maintained in any naviga¬ 
ble waters within its jurisdiction, and to make report thereto. 

46. For each survey of damaged cargo, cotton or merchan¬ 
dise, ten dollars ($10.00) ; for each survey of a vessel, ten dol¬ 
lars ($10.00) ; for attending, directing and certifying, the sale 
of damaged cotton or merchandise, on sums not exceeding 
$200.00, five per cent; on those not exceeding $500.00, five per 
cent; on the first $200.00 and two per cent on the remainder; on 
those exceeding $500.00, and not exceeding $1,000.00, five per 
cent on the first $200.00, two per cent on the next $300.00 and 
one per cent on the remainder; on those exceeding $1,000.00, 
the above fees up to the first $1,000.00, and one quarter of one 



694 


per cent on the remainder. The charges above provided for 
shall constitute a lien upon the vessel and upon the cargo of 
said vessel, and upon the merchandise so surveyed, which lien 
may be enforced by the board in a court of competent jurisdic¬ 
tion. 

47. Any person who shall violate any of the rules and regu¬ 
lations established by the said board, or who shall resist or op¬ 
pose or interfere with any of the members of the said board, or 
any of its employees, officials or agents in the discharge of their 
duties, shall be fined by the recorder of the city of Mobile not 
exceeding fifty dollars to be collected, enforced and applied as 
fines for violation of the municipal ordinance of said city. 

48. All persons are forbidden to deposit or cause to be de¬ 
posited, in the waters of the harbor of Mobile, described in the 
preceding sections, any substance that will sink and form an 
obstruction to navigation, without first obtaining permission in 
writing, of the board, which permission shall describe with an 
ordinary degree of certainty, the place where such deposit shall 
be made, and the secretary of the board shall record such per¬ 
mission. Any person violating the prohibition contained in 
this section is guilty of a misdemeanor, and upon conviction 
thereof before a court of competent jurisdiction shall be fined 
not less than one hundred, or more than five hundred dollars, or 
imprisonment for not less than thirty and not more than ninety 
days; provided, that nothing herein shall be construed to pre¬ 
vent or interfere with the construction of work now in progress 
in connection with the Mobile harbor. 

49. If a person in any manner, by his negligence, or wan¬ 
tonly, shall damage a ship, channel, natural or artificial within 
the jurisdiction of said board, or if any person shall damage any 
beacon stand, piling or other thing, or channel, used in connec¬ 
tion with the navigation thereof, he shall be required by the said 
board to repair such damage, and on failure to do so within ten 
days after such notice, the offender shall forfeit five hundred 
dollars, to be recovered with costs, including a reasonable at¬ 
torney’s fee, in any court of competent jurisdiction, at the suit 
of the board, the recovery to be applied under the direction of 
said board; first, to the repair of the damage done, and the sur¬ 
plus, if any, to be deposited as other funds of said board. 

50. The commissioners shall, on or before the first day of 
November, A. D. 1916, and yearly thereafter, give to the (Gov¬ 
ernor a full report of all moneys by them received and disburs¬ 
ed, stating specifically for what the same was received, and for 
what purposes expended, and shall give a concise account of the 



695 


operation of said board, and of the condition of the docks, 
wharves and shipping under their jurisdiction. 

51. The chief wharfinger shall keep an office at some con¬ 
venient place upon the city front; which shall be kept open 
every day (Sundays and holidays excepted) form seven A. M. 
to six P. M. The commissioners shall furnish a suitable build¬ 
ing for an office, for the exclusive use of said chief wharfinger 
and with suitable office furniture. It shall be the duty of the 
chief wharfinger to execute and enforce the rules and regula¬ 
tions which may be established by said board of State harbor 
commissioners, pursuant to the provisions of this article. And 
it shall be the duty of all pilots, masters of tug boats, masters, 
owners and consignees of vessels, to obey all lawful orders and 
discretions of the chief wharfinger.- The chief wharfinger is em¬ 
powered to determine cases of collision by consent of all parties 
interested, and where damages do not exceed three hundred dol¬ 
lars, the decision is final. 

52. In addition to the duties required to be performed by the 
chief wharfinger by any section in this article preceding this 
section, he shall take in charge all abandoned water craft and 
all boats picked up adrift, and secure the same, after which he 
shall advertise for one week, in one of the daily newspapers 
printed in the city and county of Mobile, giving full particulars 
pertaining to the same, and request all parties interested to ap¬ 
pear and establish their title or claim thereto within twenty 
days from the last publication. If claimed within said period, 
such profit shall be delivered to the owner on payment of all 
costs of removing, securing and advertising the same. If not 
claimed, within said period, or if the owner fails to pay charges, 
such property shall be sold by the chief wharfinger to the high¬ 
est bidder at public auction, and the proceeds, less the costs, 
shall be paid to the owner, if claimed by him, or if not claimed 
by the owner, shall be paid to the board of State harbor commis¬ 
sioners; but the owner shall be entitled to receive from said 
board the amount so paid, if he shall claim the same within one 
year from the date of said payment. 

53. For the purpose of this section, the harbor of Mobile 
shall be the tide waters of the city and county of Mobile, and 
the jurisdiction of the chief wharfinger shall, when performing 
the duties required by this section be co-extensive with such tide 
water. 

54. If any master, agent or owner of any water craft shall 
refuse or neglect to obey the lawful orders or directions of the 
chief wharfinger in any matter pertaining to the regulations of 



696 


said harbor, or the removal or stationing of any water craft, 
such master, agent, or owner so refusing or neglecting is guilty 
of a misdemeanor, and upon conviction thereof, before any 
court of competent jurisdiction, shall be punished by a fine not 
to exceed fifty dollars, or by imprisonment not to exceed one 
hundred days in the jail of the city or county of Mobile. 

55. All official bonds required to be given by authority of 
this act shall be to the people of the State of Alabama. 

56. It is hereby made the duty of the board of police com¬ 
missioners of the city of Mobile, or any person or persons here¬ 
after exercising the authority now vested in the board of police 
commissioners in the city of Mobile, to appoint as special police¬ 
men such number of wharfingers and toll collectors as such 
commissioners shall request, in writing, and also shall furnish 
such special policeman the usual badge of office, which shall be 
paid for by the commissioners. Such appointments must be re¬ 
newed once in each year. The jurisdiction of such special po¬ 
liceman shall be co-extensive with the premises described in this 
act, and their terms of office as such wharfingers and toll col¬ 
lectors. 

57. The monthly salary of the secretary and treasurer, chief 
wharfinger and other employees of the board shall be fixed by 
the commissioners. The sum of ten thousand dollars annually 
for a period of four years is hereby appropriated from any 
funds in the State treasury of the State of Alabama not other¬ 
wise appropriated to defray the salaries of the employees of 
said board and the warrants for the payment of the sum" herein 
appropriated shall be issued by the auditor as provided by law, 
and the amount now paid by the city and county of Mobile for 
harbor master and city wharfingers’ salary shall be annually 
paid into the treasury of said board. 

58. That the act entitled an act to establish a river commis¬ 
sion for Mobile river and branches and to define its powers, ap¬ 
proved February 28th, 1887, and the act entitled an act to 
amend sections 1, 3, 5 and 13 of an act entitled an act to estab¬ 
lish a river commission for Mobile river and branches, and to 
define its powers, approved February 28th, 1887, approved Feb¬ 
ruary 28th, 1889, be and the same are hereby repealed, and that 
sections 4901 to 4926, both inclusive of the act of Alabama, 
adopted by acts of the Legislature of Alabama, approved July 
27th, 1907, and the act entitled an act to provide for the election 
of a harbor master and three deputy harbor masters, approved 
July 31st, 1907, be and they are hereby separately repealed. 
And that section 4927 of the Code of Alabama adopted by act of 



697 


the Legislature, approved July 27th, 1907, providing for com¬ 
mission of pilots and examination of pilots, be and the same is 
hereby repealed. 

59. That all laws and parts of laws in conflict with the pro¬ 
visions of this act be and the same are hereby repealed. 

60. If any section or provision of this act is held unconstitu¬ 
tional it shall not invalidate any other section or provision un¬ 
der this act. 

Approved September 25 1915. 


No. 629.) (S. 171—Lee. 

AN ACT 

To amend article 31, chapter 41, of the Code of Alabama, 1907. 

Be it enacted by the Legislature of Alabama, That article 
thirty-one (31) of chapter forty-one (41) of the Code of Ala¬ 
bama of 1907 be and the same is hereby amended so as to read 
as follows: 

1. That the sum of $134,000 shall be appropriated annually 
for the purpose of aiding in the erection, repair and equipment 
of rural school houses in this State from any funds in the treas¬ 
ury not otherwise expended, provided however that $67,000 of 
the above appropriation shall act so as to decrease the amount 
that may be appropriated to the general educational fund to 
that extent, and provided further that not more than $2,000 of 
this annual appropriation shall be used or paid out in any one 
county of this State.in one fiscal year except the fund arising 
from unexpended balances as hereinafter provided. 

2. That three or more citizens of any rural community or 
any incorporated town in this State whose population does not 
exceed 400 according to the Federal census, where it is proposed 
to erect a school building according to the plans furnished by 
the State department of education or to repair or equip a school 
building according to plans approved by the State department 
of education, shall be eligible to make application to the county 
board of education for aid for an amount not less than two hun¬ 
dred dollars nor more than one thousand dollars for the erection 
and equipment of a public school building, for an amount not 
less than fifty dollars nor more than two hundred dollars for the 
repair or equipment of a public school building; provided, 
that the application shall show that bona fide donations 
of at least twice the amount for which aid is asked have already 



698 


been secured, and the application shall also contain a descrip¬ 
tion of the plot of land upon which the public school building 
v for which aid is sought is located or is to be erected; provided 
further, that the maximum amount for which application is 
made for the erection and equipment of a school building shall 
not exceed three hundred dollars for a school building with one 
class room, four hundred fifty dollars for a school building with 
two class rooms, six hundred dollars for a school building with 
three class rooms, eight hundred dollars for a school building 
with four class rooms, and one thousand dollars for a school 
building with five or more class rooms. 

3. That the county board of education shall consider all 
applications filed, shall approve such as seem most worthy un¬ 
der such regulations, as may be prescribed by the State superin¬ 
tendent of education, and shall keep a record of the proceedings 
showing the applications approved by the board, the amount of 
the bona fide donations and the amount which the board recom¬ 
mends to be given to any school. The county board of educa¬ 
tion shall certify to the State superintendent of education the 
amount of donations which have been paid over to the county 
treasurer of public school funds; and that a deed in fee simple 
to not less than two acres of land, if for the repair or equipment 
of any school building or for the erection of a school building 
with not more than two class rooms, and of not less than five 
acres of land for a school building containing three or more 
class rooms has been executed to the State of Alabama; and said 
certificate shall also show the amount of money recommended 
to be given to the school provided, that the deed or deeds con¬ 
veying the title to the property shall accompany the certifica¬ 
tion made to the State superintendent of education and shall re¬ 
main on file in his office. 

4. That before approving any application for aid which has 
been properly certified to him the State superintendent of edu¬ 
cation shall satisfy himself that the conditions of this act have 
been fully complied with. If he approves the application as cer¬ 
tified to him by the county board of education he shall request 
the State auditor to draw his warrant on the State treasurer for 
the amount for which the application is approved. The State 
auditor shall draw his warrant on the State treasurer for the 
amount of money to be given to the school as shown by the requi¬ 
sition of the State superintendent, making the warrant payable 
to the county treasurer of public school funds of the county 
wherein the school is located and shall indicate thereon for the 
benefit of what public school the same is issued. The warrant 



699 


shall be delivered to the State superintendent of education who 
shall forward the same to the county treasurer of public school 
funds of the county wherein the school receiving the aid is lo¬ 
cated and shall also notify the county board of education of that 
fact, provided, that all persons receiving any warrant or the pro¬ 
ceeds thereof issued under this act shall issue a receipt to the 
person from whom he receives the same. 

5. That the erection, repair, and equipment of any school 
building under the provisions of this act shall be under the di¬ 
rection and control of the county board of education. To this 
end the board shall authorize all contracts and shall order the 
county treasurer of public school funds to make payment of the 
amount due under any contract, provided, that not more than 
two-thirds of the total amount for the erection, repair, or equip¬ 
ment of any school building, including the donations and the 
amount received from the State, shall be paid out until the in¬ 
spection required under section 6 of this act has been made and 
approval certified to the county treasurer of public school funds 
and to the county board of education; and provided further, 
that the State warrant, issued under the provisions of this act, 
shall not be cashed until inspection has been made and approval 
certified by the State superintendent of education. 

6. That whenever the county board of education shall certi¬ 
fy to the State superintendent of education that the school 
building for which State aid is appropriated is completed and 
all equipment is in place or repairs made and that all indebted¬ 
ness on the school building, equipment or repairs has been paid 
except such an amount as will be satisfied by the funds remain¬ 
ing in the hands of the county treasurer of public school funds, 
the State superintendent of education shall inspect or delegate 
some one to inspect the work done and equipment installed, and 
if such meets all requirements of the provisions under which 
State aid was granted, he shall authorize the county treasurer 
of public school funds in writing to pay out the remainder of 
the funds upon the order of the county board of education. 

7. The State superintendent of education shall open an ac 
count with each county in the State in a book kept by him for 
that purpose and shall charge against the county the amount 
of each warrant issued under this act for the benefit of the 
public schools of such county; provided, that any warrant not 
cashed by the county treasurer of public school funds by reason 
of failure to comply with the requirements of this act shall, 
after the lapse of twelve months from the issuance of the same, 
be by him returned to the State superintendent of education, 



700 


who shall mark the same “cancelled” and shall also make in the 
book kept by him in accordance with the preceding section a 
credit entry in favor of the county for which the warrant was 
originally drawn for the amount of any warrant so cancelled. 

8. That the unexpended balances, as shown by the book kept 
by the State superintendent of education which have accrued 
to the several counties of the State from the rural school house 
fund provided in sections 1975 to 1993 inclusive of article 31 of 
the Code of Alabama of 1907, shall upon the first day of Octo¬ 
ber, 1915, be re-apportioned equally to the several counties of 
the State, and thereafter the unexpended balances, as shown by 
the books kept by the State superintendent of education in ac¬ 
cordance with section 7 of this act, at the end of each and every 
fiscal year shall be re-apportioned equally among all the coun¬ 
ties of the State in addition to the regular annual appropriation 
of $2,000; provided, that the State superintendent of education 
shall on the first day of October, or as early thereafter as practi¬ 
cable, make the apportionment herein required and certify the 
same to the State auditor. 

9. That any person or persons who shall knowingly use or 
apply, or authorize the use or application of the proceeds or any 
part thereof of any funds authorized under this act for any pur¬ 
pose or purposes other than as required by said act shall be 
guilty of a misdemeanor and on conviction shall be fined not less 
than $200 nor more than $1,000 and may also be sentenced to 
hard labor for the county for not more than twelve months. 

10. That this act shall become effective the first day of Octo¬ 
ber, 1915, and all laws or parts of laws in conflict with the pro¬ 
visions of the same be and are hereby repealed. 

Approved September 22,1915. 


No. 633.) (H. J. R. 253—Goode. 

HOUSE JOINT RESOLUTION. 

Whereas the Legislature of Alabama has by recent enact¬ 
ment designated a system of State trunk roads connecting the 
most important cities and towns and leading toward the prom¬ 
inent cities of the boi*der states to Alabama and provided for 
their construction, especial attention having been paid to the 
proposed route of the Jackson highway through this State: 



701 


We hereby request that the Jackson Highway Association 
at its meeting in Nashville, Tenn., on September 23 and 24th, or 
such other time as it may deem best, select a route through the 
State of Alabama including thereon the cities of Birmingham, 
Montgomery, Selma and Mobile. 

On its approval a copy of this resolution shall be presented 
to the Jackson Highway Association by the State highway en¬ 
gineer, Mr. W. S. Keller. 

Adopted by the House September 16, 1915. 

Adopted by the Senate September 16, 1915. 


No. 634.) (H. J. R. 250—Johnston of Madison. 

HOUSE JOINT RESOLUTION. 

Whereas the navigation improvement of the Tennessee river 
by the United States is now in the last stages of completion be¬ 
tween Muscle Shoals and the Ohio river, and 

Whereas the inadequate canal plan for the navigation im¬ 
provement of the Muscle Shoals stretch of the Tennessee river 
was begun by the Federal government more than 85 years ago, 
this improvement costing in construction more than $3,000,000 
and in cost of operation and maintenance more than $1,500,000, 
and the yearly cost of the operation and care of this canal being 
in excess of $50,000 per annum, and 

Whereas the United States engineers, after nearly eight 
years of study and investigation, have recommended to Con¬ 
gress a new plan at Muscle Shoals for the joint improvement of 
navigation and development of water power on a very large 
scale, as shown on Document No. 20, 63rd Congress, and 

Whereas this new project for navigation improvement and 
development of water power as recommended by the government 
engineers will not only practically complete the navigation im¬ 
provement of the Tennessee river from the Ohio river to the 
upper stretches of the Tennessee, but will also develop power 
on such a large scale as to make it possible to operate great fac¬ 
tories for the fixation of the nitrogen of the atmosphere as a fer¬ 
tilizer, and for the manufacture of explosives, and thus make 
the United States no longer wholly dependent, as at present, 
upon the country of Chile for sodium nitrate, or Chilian salt- 



702 


petre, necessary for the manufacture of explosives and for fer¬ 
tilizers, and 

Whereas the United States should not longer be dependent 
for its nitrogen supply upon any foreign country, but should 
produce its own nitrogen supply by the conservation and utili¬ 
zation of the water powers now going to waste in the navigable 
streams of the country. 

Therefore by this joint resolution be it resolved by the Legis¬ 
lature of the State of Alabama 

1. That the adoption by Congress of the Muscle Shoals 
project as recommended by the government engineers is a mat¬ 
ter of national concern and one directly affecting the question 
of preparedness and national defense. 

2. That the fixation of the nitrogen of the atmosphere as a 
fertilizer to meet the needs of the farmers of the country, and 
especially the Southern farmers, who are the greatest buyers’of 
fertilizers in the nation, and whose fertilizer bills are now an¬ 
nually nearly $100,000,000, is a matter of national interest and 
importance equal to the national interest and economic impor¬ 
tance of the great irrigation projects in the states of the arid 
west, which projects have received assistance from the Federal 
government in excess of $116,000,000. 

3. That recent successful scientific achievements have 
placed at the disposal of agriculture in this country chemical 
compounds which allow the production of a complete or univer¬ 
sal fertilizer. With cheap water power, these scientific discov¬ 
eries promise to revolutionize our present system of fertiliza¬ 
tion. 

4. With cheap water power, the importance of these scien¬ 
tific achievements, and their effects upon the cotton and food 
crops of the country, and upon the question of national defense 
and the preparedness of the United States in times of war, are 
so far-reaching and of such unusual national interest at the 
present time, that the adoption of the Muscle Shoals project by 
Congress, and its encouragement by the president and the secre¬ 
tary of war can be regarded as no less than a patriotic duty. 

5. That the president of the Senate and the speaker of the 
House of ^Representatives shall appoint a joint committee of five 
members from the Senate and five members from the House of 
Kepresentatives, as a joint legislative committee, and the presi¬ 
dent of the Senate and the speaker of the House shall be each a 
member of these respective committees, and the Governor of the 
State shall be the ex-officio chairman of these committees and. 



703 


also, that the Governor of the State is hereby requested to select 
and appoint twelve representative citizens from the State of 
Alabama, not members of this Legislature, to join the legislative 
committees hereby created, and without expense to the State, 
these legislative committees and citizens’ committee are request¬ 
ed by the Legislature of the State to visit Washington during 
the early days of the first session of Congress, assembling in 
December, and present a copy of these resolutions to the presi¬ 
dent of the United States, to the secretary of war, to the secre¬ 
tary of agriculture, to the chairman of the commerce committee 
of the Senate, to the chairman of the committee on rivers and 
harbors, and to each United States Senator and Representative 
in Congress from the State of Alabama, and pressingly urge 
upon them the national importance and, indeed, the nation’s 
necessity that the Muscle Shoals project be adopted by the 64th 
Congress, and during its first session. 

Adopted by the Senate September 16, 1915. 

Adopted by the House September 20, 1915. 


No. 635.) (H. J. R. 243—Johnston of Madison. 

HOUSE JOINT RESOLUTION. 

Whereas, the public good requires that all tax officials of the 
State be immediately informed of their duties under the recent¬ 
ly enacted revenue and license bills: 

Therefore, be it resolved by the House of Representatives . 
(the Senate concurring) 

That, three thousand copies of the new General Revenue Bill 
be printed. 

Resolved further, that three thousand copies of the new 
License Bill be printed and that same be bound together. 

Resolved further, that five copies each of each of these bills 
be delivered to each Senator and Representative and that the 
remaining number be delivered to the State board of equaliza¬ 
tion for distribution among the various probate judges, county 
tax assessors, county tax collectors, county boards of equaliza¬ 
tion and license inspectors of the State and assistants to the 
State board of equalization. 

Approved September 22, 1915. 



704 


No - 636 -) (S. 213—Denson. 

AN ACT 

To provide for the payment of equitable claims against counties. 

Section 1. Be it enacted by the Legislature of Alabama: 
That the court of county commissioners, board of revenue, or 
other governing body of any county, shall have power to appro¬ 
priate from the surplus funds of the county, after providing for 
all the lawful claims and charges against the county, such sums 
as such governing body shall determine from time to time, for 
the following purposes: 

1st. To reimburse persons who in good faith have performed 
services, or furnished money or property for the use and benefit 
of the county under contract with the governing body of the 
county, and which contract was invalid upon the sole ground 
that the statute under which such contract was made, was in¬ 
valid because of defect in the title form or manner of passage of 
such statute, and so declared by the Supreme Court after the 
making of such contract, and the performance of such service, 
or furnishing of such money or property in pursuance thereof. 

2nd. To refund to any person money, or compensate him 
for services or property, advanced by him and devoted to the use 
of the county under or pursuant to any contract made wdth the 
governing body of the county for lawful county purposes, but 
which contract was, after the making thereof, and after the ad¬ 
vancement of such money, property or service to the county, de¬ 
clared invalid by the Supreme Court of Alabama on the sole 
ground that the county could not incur debt by reason of the 
limitation provided in section 224 of the Constitution of Ala¬ 
bama. 

Sec. 2. Be it further enacted, That all persons claiming the 
benefit of any appropriations made or to be made pursuant to 
this act, must, within four months after the approval of this 
act, present the claims to the commissioners court or other gov¬ 
erning body duly itemized and verified by affidavit as required 
by law, or the same shall be barred. The court shall examine, 
audit and allow such claims; and shall cause a full list of all the 
claims so allowed to be registered on the minutes of the court 
separate from all other claims. 

Sec. 3. Be it further enacted: That if any appropriation 
made under this act is insufficient to meet all such allowed and 
registered claims, the funds shall be applied pro rata thereon, 
and warrants shall be drawn against such special appropriation 



705 


accordingly. Future appropriations shall be pro rated in the 
same way until such demands are paid in full. 

Sec. 4. Be it further enacted: That any special fund now in 
the county treasury, which was levied and collected for the pur¬ 
pose of paying any class of claims covered by this act, and not 
required to meet the claims of tax payers for a refund filed with¬ 
in twelve months after the same were paid, are hereby appropri¬ 
ated to the payment of the demands for which they were so levied 
and collected. Such claims shall be registered separate from 
other claims allowed under this act; and the special fund ap¬ 
propriated by this section, if insufficient to meet said claims in 
full, shall be pro rated among the holders thereof. The several 
holders shall in such case share in future appropriations under 
this act for the balances due them. Provided however that this 
act shall not apply to counties having a population of thirty- 
five thousand or more according to the last Federal census. 

Approved September 21,1915. 


No. 637.) (S. 492—Milner. 

AN ACT 

To provide for taking testimony orally in open court in equity cases. 

Be it enacted by the Legislature of Alabama: 

1. That in all cases in equity the judge or chancellor before 
w r hom the case is pending may at any time before final decree 
cause any or all of the witnesses to be examined orally before 
him in open court. 

2. In all cases where a witness is examined orally in open 
court under the provisions of this act the chancellor or judge 
trying the case must require the court reporter, or some other 
competent stenographer, to take down the testimony, as deliv¬ 
ered, and such judge or chancellor may require such testimony 
to be transcribed in typewriting and certified to by the stenog¬ 
rapher and file the same in the cause. 

Approved September 22,1915. 


No. 638.) (S. 509—Milner. 

AN ACT 

To regulate amendments to bills and answers in equity causes. 

Be it enacted by the Legislature of Alabama: 


28 GA 



706 


1. Amendments to bills in equity may be filed as a matter 
of right at any time before final decree, by striking out, or add¬ 
ing new parties, or to meet any state of evidence which will 
authorize relief; and amendments to answers may be filed as of 
right at any time before final decree, so as to set up any matter 
of defense; and if an amendment be filed at the hearing, to bill 
or answer, the opposite party shall be entitled to a continuance 
as a matter of right if the amendment requires the taking of 
additional testimony, and in this event both parties shall have 
the right to take additional testimony without a special applica¬ 
tion, but the court shall impose such terms upon the party 
amending at the hearing, not extending beyond the payment of 
all the costs as may be fair and equitable. 

2. A copy of all amendments filed hereunder must be served 
him in person or by registered mail with demand for a receipt 
on the opposite party, or the solicitor of record by delivery to 
from the person to whom it is sent, which receipt must be filed 
in the cause, or by service by the sheriff. 

3. It shall not be necessary to obtain an order allowing an 
amendment to a bill or answer, but all such amendments when 
filed, shall relate back and become a part of the bill, or answer 
amended, as fully as though the amendment had been incor¬ 
porated in the bill or answer when filed. 

4. In every case where an amendment to the bill is made, 
after answer filed, the defendant shall file a new or supple¬ 
mental answer within twenty days after that on which the no¬ 
tice of the amendment or amended bill is served on him and 
upon a default, the like proceedings may be had as upon an 
omission to answer as to the amendment. 

5. That all laws general, or special, or local in conflict 
herewith, are hereby expressly repealed. 

Approved September 22,1915. 


No. 639.) (S. 526—Lee. 

AN ACT 

To repeal sections 6718 of the Code on the subject of “Proceedings in the 
county courts.” 

Be it enacted by the Legislature of Alabama : 

1. That section 6718 of the Code be and the same is hereby 
repealed. 

2. That this act become effective on the first Tuesday after 
fhe second Monday in January, 1917. 

Approved September 25, 1915. 



707 


No. 640.) 


(S. 516—Lee. 


AN ACT 

To amend sections 3264 and 3265 and repeal section 6647 of the Code. 

Be it enacted by the Legislature of Alabama: 

1. That section 3264 of the Code be amended so as to read: 
3264. The sheriff of the county must summon one person to 
serve as bailiff for the grand jury; one to serve as bailiff in every 
circuit court, or division thereof in which causes are being tried 
without juries when directed by the judge; and not exceeding 
two to serve in every court, or division, in which cases are being 
tried by juries, when the judge thereof certifies that such bailiff 
or bailiffs are actually necessary. 

2. That section 3265 be amended so as to read: 3265. Bail¬ 
iffs actually serving in court shall receive two dollars a day for 
every day they serve, to be paid out of the county treasury on 
the certificate of the presiding judge showing the ijumber of 
days the bailiff actually attended the court, and that fiis service 
was necessary. Provided that in circuits composed of one 
county having two or more circuit judges that each bailiff shall 
receive a salary of $1,000 per annum payable in twelve equal 
monthly installments out of the treasury of the county consti¬ 
tuting such circuit upon the warrant of the president of the 
board of revenue. 

3. That section 6647 of the Code, and all laws, general, 
local, or special, in conflict herewith, are hereby expressly re¬ 
pealed. 

Approved September 22,1915. 


No. 641.) (S. 540—Lusk. 

AN ACT 

To further regulate proceedings in the circuit courts of the several counties 
of the State; fix the terms thereof; provide for calls of cases for trial; 
regulate the proceedings thereon; fix the time when judgments and de¬ 
crees become final; provide for issuing executions thereon and for mo¬ 
tions to set aside judgments and decrees and for new trials. 

Be it enacted by the Legislature of Alabama: 

1. That the circuit courts of the several counties of the 
State shall be open for the transaction of any and all business, 
or judicial proceedings of every kind, from the first Monday in 



708 


January to, and including, the last Saturday of June of every 
year ; and from the first Monday after the Fourth of July to, 
and including the last Saturday before Christmas day of every 
year. 

2. That the causes on the dockets for trial shall be called 
peremptorily at the times fixed by law and at such other times 
as may be fixed by order of circuit judge; the supernumerary 
judge, or the chief justice of the Supreme Court of Alabama, 
so that every case, civil or criminal, shall have at least two 
peremptory calls in every year, and the cases against prisoners 
shall be called as many more times as may be necessary to secure 
prompt trials. Appeals from municipal, county and inferior 
courts shall be preferred cases. 

3. That after the lapse of ten days from the rendition of 
a judgment or decree the plaintiff may have execution issued 
thereon, and after the lapse of thirty days from the date on 
which a judgment or decree was rendered the court shall lose 
all power over it, as completely as if the end of the term had 
been on that day, unless a motion to set aside the judgment or 
decree, or grant a new trial has been filed and called to the at¬ 
tention of the. court, and an order entered continuing it for 
hearing to a future day. 

4. This act shall not be construed to affect in any wise the 
right to apply for a new trial under article 14 of chapter 124 
of the Code; nor shall it affect the right to sue out an execution 
under sections 4082 and 4083 of the Code. 

5. This act shall go into operation and become effective 
January 1st, 1916. 

Approved September 22,1915. 


No. 642.) (S. 553—Lusk. 

AN ACT 

To amend section 6256 of the Code. 

Beit enacted by the Legislature of Alabama: 

1. That section 6256 of the Code be and the same is hereby 
amended so as to read as follows: 6256. (4325) What tran¬ 
script must not contain.—Such transcript must not contain 
mere orders of continuance, nor the organization of the grand 
jury which found the indictment, nor the venire for any grand 



709 


or petit jury, nor the organization of regular juries for the 
week or term at which the case was tried nor the order of the 
court for a special venire or fixing a day for the trial of the 
defendant unless some question thereon was raised before the 
trial court; but, in the absence of any such question, such pro¬ 
ceedings are, upon appeal, presumed to have been regular and 
legal. 

Approved September 22,1915. 


No. 643.) (S. 490—Milner. 

AN ACT 

To further regulate the practice in county courts. 

Be it enacted by the Legislature of Alabama: 

1. That whenever there is any demurrer, motion to quash, 
plea in abatement, or other objection to the validity or suffi¬ 
ciency of any affidavit, complaint or warrant pending in the 
county court, the solicitor or other person prosecuting for the 
State shall have the right to amend any or all the papers to 
which the objection, demurrer or motion is directed, or the 
solicitor may instead of amending the papers, make a brief 
statement of the cause of complaint signed by him, which may 
be in substantially the following form: The State of Alabama, 
.County, In the County Court: The State of Ala¬ 
bama by its solicitor complains of C. D. (the defendant), that 
within twelve months before the commencement of the prose¬ 
cution he did (here describe the offense as in cases of indict¬ 
ment). G. H., Solicitor. And such statement may be amended 
by the solicitor or other person prosecuting for the State, 
and other statements may be filed at any time before the begin¬ 
ning of the taking of evidence in the case, provided, if the demur¬ 
rer, motion to quash, plea in abatement, or other objection of 
the defendant is made after the beginning of the taking of the 
evidence the solicitor or other person prosecuting for the State 
may then amend the papers or may make the statement as 
herein above provided. Thereupon the court shall proceed to 
try the case either upon the original papers, or the original 
papers as amended, or upon the statement or statements filed 
by the solicitor or other person prosecuting for the State. 

Approved September 22,1915. 




No. 644.) 


AN ACT 


(S. 197—Kline. 


To regulate and fix the intra-state transportation of baggage and storage 

of baggage and charges on excess of baggage by common carriers. 

Be it enacted by the Legislature of Alabama : 

1. That every carrier in this State, which shall engage in 
the carrying of passengers, shall receive and transport without 
compensation or other transportation charges, with each pas¬ 
senger, the personal baggage of such person or passenger, not 
exceeding one hundred, fifty pounds, upon the presentation of a 
whole ticket or other contract or agreement of transportation 
and not exceeding seventy-five pounds upon the presentation of 
a half ticket or other contract or agreement of transportation. 

2. That every common carrier in this State shall charge 
passengers, on all baggage weighing over one hundred, fifty 
pounds, sixteen and two-thirds per centum of the regular fare 
to destination per one hundred pounds in excess of the said one 
hundred fifty pounds, but no charge for any fraction of the 
first one hundred pounds excess shall be less than ten cents, 
which shall be the minimum amount said carrier shall charge 
for excess baggage as herein provided. 

3. That the baggage, samples, goods, wares, appliances and 
catalogues of commercial travelers, or their employers, and 
used by them for the exclusive purpose of transacting their 
business and carried with them solely for that purpose and 
which in no instance shall be sold or offered for sale or for free 
distribution, when securely packed and fastened in trunks and 
sample cases; provided, that no common carrier shall be re¬ 
quired to transport any piece of baggage exceeding in greatest 
dimensions, seventy-two inches, or two hundred and fifty 
pounds maximum weight, excepting immigrant baggage checked 
at port of landing, whips in flexible cases, and public entertain¬ 
ment paraphernalia, are declared to be baggage within the 
meaning of this law or act, and such carriers are required to 
transport same with passengers from point to point within this 
State as herein provided. 

4. That all passengers of whatever character having bag- 
bage transported by carriers under the provisions of this act, 
shall have twenty-four hours, not including legal holidays or 
Sundays for the removal of such baggage from the baggage 
room of station house of such carrier before storage shall be 
charged; except such baggage that may be received on Friday 



711 


of each week, which baggage shall be held by the carrier forty- 
eight hours, not including Sundays, before storage shall be 
charged by the carrier. 

5. That all laws or parts of laws in conflict with the pro¬ 
visions of this act, be and the same are hereby repealed. 

Approved September 29, 1915. 


No. 645.) (S. 501 —Milner. 

AN ACT 

To further prescribe and regulate the right and manner of taking appeals in 

civil and criminal cases and their submission in the Supreme Court and 

Court of Appeals. 

Be it enacted by the Legislature of Alabama: 

1. That any appeal taken under the provisions of chapter 
fifty-three (53) of the Code of Alabama of 1907 must be taken 
within six months from the rendition of the judgment or decree, 
and shall be shown in the following manner: (A) When no 
bond or security is required the filing of a written statement set¬ 
ting out the parties and court, signed by the party appealing, 
or by his or her attorney of record that an appeal is taken from 
the judgment or decree in the case, (b) By giving security for 
the costs of the appeal to be approved by the clerk or register, 
or court, (c) By giving and having approved a supersedeas 
bond conditioned as required by law. 

2. That after taking an appeal in the manner herein pro¬ 
vided, and filing in the cause a bill of exceptions, or the expira¬ 
tion of the time for filing such bill of exceptions, or if the appel¬ 
lant sooner direct, the clerk, register or judge of probate, as 
the case may be, shall make out a transcript as required by law, 
and deliver the same to the appellant. He shall in making the 
transcript make a copy thereof for the appellee and deliver it to 
him or his attorney, and for the transcript he shall have ten 
(10) cents for each one hundred words and for the copy five 
(5) cents for each one hundred words, both of which shall be 
taxed costs against the unsuccessful party in the appeal. 

3. That after the taking of the appeal the clerk or regis¬ 
ter or judge of probate shall, on demand of the appellee, make 
out and deliver to him a certificate showing the names of the 
parties, the court, a copy of the judgment or decree, and the date 
of the taking of the appeal, and the date the bill of exceptions 
was signed, if it has been filed, and a copy of the statement of 
appeal and security for costs, or the supersedeas bond. 



712 


4. That the appellant shall file the transcript in the office 
of the clerk of the Supreme Court, or Court of Appeals, within 
thirty days after the signing or establishing of the hill of 
exceptions or the expiration of the time for establishing the 
same. 

5. That if the transcript is not filed in the office of the 
clerk of the court to which the appeal is taken within the time 
fixed by this act, the appellee may on any Thursday after the 
first call of the docket in the court to which the appeal is re¬ 
turnable, after the expiration of the time for filing of the tran¬ 
script, present the certificate of appeal and certified copy of the 
security for costs of appeal, or supersedeas bond, and move 
the court for the dismissal of the appeal or affirmance of the 
judgment or decree appealed from and a judgment against the 
sureties for the costs of appeal, or on the supersedeas bond. 
But the appellate court may for good cause extend the time for 
filing the transcript. 

6. That the clerk of the Supreme Court and clerk of the 
Court of Appeals shall enter all cases wherein appeal is taken, 
to the court of which he is clerk on a docket in the order in 
which the transcripts or certificates of appeal are presented. 

7. That appeals in criminal cases must be taken at the 
time of sentence or confession of judgment or within six months 
thereafter in manner following: (a) An entry of record that 
defendant appeals from the judgment with or without suspen¬ 
sion of judgment, as he may elect, to be taken at the time of 
judgment rendered, or: (b) The filing of a written statement 
signed by the defendant or his attorney that defendant appeals 
from the judgment; the statement to be filed within six months. 

Approved September 22,1915. 


No. 649.) (S. 330—Mr. Lusk. 

AN ACT 

To amend sections 6006, 1657, 1664 and 1669 of the Code so as to regulate 
the publishing of the reports of the Supreme Court, Court of Appeals, 
Acts, Journals and Public Printing. 

Be it enacted by the Legislature of Alabama: 

1. That section 6006 of the Code be, and the same is hereby 
amended so as to read: 6006. Twelve hundred copies of every 
volume of the reports of the decisions of the Supreme Court, 
and of the Court of Appeals shall be printed and bound under 
the direction and control of the reporter of the Supreme Court, 



713 


with the approval of the chief justice, in volumes of not less 
than seven hundred pages exclusive of^ title pages, table of 
cases reported and the index. There shall be printed immedi¬ 
ately under the title of the cases a brief statement of the charac¬ 
ter of the case, as “bill to quiet t-it-le,” “ejectment,” etc., and 
immediately under this line there shall be printed the date 
when the case was submitted, and when decided, and if a re¬ 
hearing was applied for, the date when the rehearing was 
granted or denied. In citing Alabama cases, the citation shall 
be to the volume and page of the official edition of the reports 
of the Supreme Court or Court of Appeals. The sections shall 
not have more than thirty-two pages and be hand-sewed to two 
strong tapes. Every book shall be printed in high grade ma-* 
chine-finished, book paper of not less than forty-five pounds 
weight of same quality as that in volume 187, Alabama Reports. 
The headnotes shall be printed in eight point type solid, and 
the rest of the report shall be printed in ten point type, on 
eleven point body, twenty-six pica ems wide, forty-five lines to 
the page. Three hundred copies of the report of the decisions 
of the Supreme Court and Court of Appeals shall be bound in 
law-sheep of the same shade and quality as volume 187, Ala¬ 
bama Reports, and shall have three labels on the back, of the 
same size letters and figures and arranged as volume 187, Ala¬ 
bama reports, and eight hundred and seventy-five copies shall be 
bound in best American buckram, equal in quality to that of 
volume 167, North Carolina reports, and of the same shade of 
color as nearly as possible, with the sheep binding on volume 
187, Alabama reports. The publisher shall retain twenty-five 
unbound copies to replace any defective copies, and shall file 
with the secretary of State an affidavit that he has delivered 
to the secretary of State all the bound copies and that he has 
not and will not sell any copy of any report. The chief justice 
of the Supreme Court of Alabama, shall have the power, and it 
is made his duty to supervise and direct the reporter and pub¬ 
lisher in the execution of this act, and it shall be his duty when¬ 
ever the publisher is not executing his contract promptly and 
in good faith, to certify the facts to the Governor who shall 
forthwith cancel the contract and proceed under the law to 
make a new one. The publisher must deliver to the secretary 
of State all the bound copies of a volume, within sixty days 
from the date of the certificate of the reporter, that he has 
delivered the copy for a volume to the publisher. The reporter 
shall furnish to the chief justice a copy of his certificate to 
the publisher, showing the date of the delivery of copy sufficient 



714 


for a volume. All copies for exchanges and for distribution to 
judges, solicitors and other officers shall be bound in buckram. 

^ sec ^°? 1657 of the Code be amended so as to read: 

1657. That printing and binding in class four must be done 
in the city of Montgomery and all other printing and binding 
enumerated in class one, two and three may be done wherever 
the best work at the lowest bid can be had. 

3. That section 1663 of the Code be amended so as to read: 

1663. The secretary of State must during and after each ses¬ 
sion of the Legislature, prepare for publication fair copies of the 
acts and joint resolutions of the Legislature, and the numbers of 
the bills passed by the two houses of the Legislature as the same 

* are placed thereon by the secretary of State and clerk thereof, 
and the name of the author of every bill shall be printed on the 
act, and published in the volumes of the session acts. 

f T £ at section 1664 of the Code be amended so as to read: 

1664. The acts and joint resolutions of the Legislature shall 
be printed and bound in one volume, unless they require more 
than twelve hundred pages on which to print them and the mes¬ 
sages of the Governor, tables of interest of the several states, 
the names and post office address of the heads of all the depart¬ 
ments, commissions and boards of the State government and of 
the officers and members of the Legislature, and when the mat- 
ter enumerated will take more than twelve hundred pages, they 
shall be printed and bound in two volumes of the same size, and 
the maximum price per page for printing shall be three dollars. 

5. That section 1669 of the Code be amended so as to read: 
1669. The general acts, joint resolutions and journals must be 
printed on paper of the same weight and quality as that re¬ 
quired for the Supreme Court reports, with ten point type, solid, 
twenty-six pica ems wide, and riot less than twenty-six lines on 
the page; the heads of titles of the index in capitals; and must 
be hand-sewed to two strong tapes and bound in best quality of 
American buckram of the quality and color like that on the 
North Carolina Acts, 1915. The titles of the acts must be print¬ 
ed in eight-point type solid. The affidavits required to be 
printed in the journals, all the messages, reports and inserted 
matter must be printed in six-point type solid. The votes shall 
be printed in solid lines twenty-six pica ems wide with words, 
Yeas” and “Nays” in italics. The journals, if not more than 
fifteen hundred pages shall be bound in one volume, and if more 
than fifteen hundred pages shall be bound in two volumes, in 
same quality of buckram as the acts, and shall be hand-sewed 
like the acts, and the maximum price per page shall be two 



715 


dollars, and the maximum price for binding the acts and jour¬ 
nals shall be forty cents a copy, and this act shall not be con¬ 
strued to change the size of the type, or page of the acts passed 
after the recess of the Legislature of 1915, but all acts of this 
session must be printed in the same size type and page and on 
the same quality paper as those passed before the recess. 

Approved September 22,1915. 


No. 650.) ( s - 529 Lee. 

AN ACT 

To amend section 2879 of the Code of Alabama. 

lie it enacted by the Legislature of Alabama: 

1. That section 2879 of the Code of Alabama be and the 
same is hereby amended so as to read as follows: 2879. When 
married women may appeal without giving bond or surety foi 
costs.—From any judgment, order or decree of any court of 
record subjecting to sale or condemnation any property of or 
for the payment of money or the doing or performing any act 
by any married woman she is entitled to an appeal to the 
Supreme Court or Court of Appeals to revise such judgment, 
order or decree without giving security for the costs of appeal, 
on making affidavit that she is unable to give such security; and 
such appeal shall operate as a suspension and stay of all pro¬ 
ceedings under such judgment order or decree until such appeal 
shall be determined by the Supreme Court or Court of Appeals. 

Approved September 22,1915. 


No. 651.) (S. J. R. 536—Lee. 

SENATE JOINT RESOLUTION. 

Proposing an amendment to section 48 of the Constitution of Alabama, so 
as to provide for biennial sessions of the Legislature. 

Be it resolved by the Legislature of Alabama, That the fol¬ 
lowing amendment to section 48 of the Constitution be pro¬ 
posed to the people of Alabama: Section 48. The Legislature 
shall meet biennially at the capitol, in the Senate chamber and 
in the hall of the House of Representatives, on the second Tues¬ 
day in January, 1919, next succeeding their election, and every 



716 


two years thereafter, or on such other day as may be prescribed 
by law; and shall not remain in session longer than fifty days. 
If at any time it should, from any cause, become impossible or 
dangerous for the Legislature to meet, or remain at the capitol, 
or for the Senate to meet or remain in the Senate chamber, or 
for the representatives to meet or remain in the hall of ’the 
House of Eepresentatives, the Governor may convene the Legis¬ 
lature, or remove it after it has convened, to some other place, 
or may designate some other place for the sitting of the respec¬ 
tive houses, or either of them, as necessity may require. 

Adopted by the Senate September 8, 1915. 

Adopted by the House September 20, 1915. 


No - 652 -) (S. 808—Judge. 

AN ACT 

To fix the compensation of circuit judges, circuit solicitors and assistant 
solicitors in all circuits of the State of Alabama which circuits are com- 
posed of only one county and having two or more judges, or which cir- 
cuits may hereafter have two or more judges and to provide that a por- 
non of such salaries be paid out of the county treasury of the counties 
constituting the respective circuits. 

Be it enacted by the Legislature of Alabama: 

Section 1. That in all circuits of the State of Alabama, 
which are composed of only one county and which have more 
than three judges, the circuit judges and circuit solicitor of 
such circuits shall each receive an annual salary of four thou- 
sand five hundred ($4,500.00) dollars, three thousand ($3,000.- 
00 ) dollars of the salary of each of such judges, and twenty-four 
hundred ($2,400.00) dollars of the salary of such solicitor shall 
be paid out of the State treasury in the manner now or here¬ 
after provided by law and one thousand five hundred ($1,500.00) 
dollars of the salary of each of such judges and two thousand 
one hundred ($2,100.00) of the salary of such solicitor shall be 
paid out of the county treasury of the county constituting such 
circuit in tw elve equal monthly installments upon the warrants 
of the judge or solicitor. 

Sec. 2. That in all circuits of the State of Alabama, com¬ 
posed of only one county or which circuits may hereafter he 
composed of only one county, having three judges and the cir¬ 
cuit judges and circuit solicitor of such circuits shall each 
receive an annual salary of four thousand five hundred ($4,500,- 
00 ) dollars, three thousand ($3,000.00) dollars of the salary of 



717 


each of such judges and two thousand four hundred ($2,400.00) 
dollars of the salary of such solicitor shall be paid out of the 
State treasury in the manner now or hereafter provided by 
law and one thousand five hundred ($1,500.00) dollars of the 
salary of each of such judges and two thousand one hundred 
($2,100.00) dollars of the salary of such solicitor shall be paid 
out of the county treasury of the county constituting such cir¬ 
cuits, in twelve equal monthly installments, upon the Avarrants 
of the judge or solicitor. 

Sec. 3. That in all circuits of the State of Alabama com* 
posed of only one county, or which circuits may hereafter 
be composed of only one county, having three judges, the as¬ 
sistant solicitor shall receive an annual salary of two thou¬ 
sand four hundred dollars, one thousand five hundred dollars of 
which salary shall be paid out of the State treasury as the sal¬ 
aries of circuit solicitors are paid and nine hundred dollars 
shall be paid out of the county treasury of the county constitut¬ 
ing such circuit in twelve equal monthly installments upon the 
warrant of such assistant solicitor. In circuits having more 
than three circuit judges, the circuit solicitor may appoint not 
exceeding three deputy or assistant solicitors who shall be paid 
the following salaries: For the first deputy or assistant solici¬ 
tor, thirty-six hundred ($3,600.00) dollars per annum, and for 
the other two, twenty-four hundred ($2,400.00) dollars per 
annum each; tAventy-four hundred ($2,400.00) dollars annual¬ 
ly of the salary of the first deputy or assistant solicitor, and 
eighteen hundred ($1,800.00) dollars annually of the salary 
of each of the other deputy or assistant solicitors to be paid out 
of the State treasury as the salaries of the circuit solici¬ 
tors are paid, and twelve hundred ($1,200.00) dollars annually 
of the salary of the first deputy or assistant solicitor, and six 
hundred ($600.00) dollars annually of the salary of each of the 
other deputy or assistant solicitors to be paid out of the treas¬ 
ury of the county composing such circuit, in monthly install¬ 
ments, on warrants drawn on the treasurer by the circuit solici¬ 
tor in favor of such deputies or assistants. 

Sec. 4. That in all counties of the State of Alabama, Avhich 
are now, or Avhich may hereafter be composed of only one coun¬ 
ty, and having tAvo judges, each of the said judges shall receive 
a salary of four thousand ($4,000.00) dollars per annum, three 
thousand ($3,000.00) dollars of the salary of each of such judges 
shall be paid out of the State treasury in the manner now, or 
hereafter provided by laAV, and one thousand ($1,000.00) dol¬ 
lars of the salary of each of such judges shall be paid out of the 



718 


county treasury of the county constituting such circuit in 
twelve equal monthly installments, upon the warrant of the 
president of the board of revenue of such county. That in such 
circuits the circuit solicitor shall receive a salary of three 
thousand six hundred ($3,600.00) dollars per annum, two 
thousand four hundred ($2,400.00) dollars of which salary 
shall be paid out of the State treasury in the manner now, or 
hereafter provided by law, and one thousand two hundred ($1,- 
200.00) dollars of which salary shall be paid out of the county 
treasury of the county constituing such circuit, in twelve equal 
monthly installments upon the warrant of the president of the 
board of revenue of such county. 

Sec. 5. That the assistant solicitor in counties which now, 
or may hereafter alone constitute a circuit having two judges 
shall receive an annual salary of one thousand eight hundred 
dollars; one thousand five hundred dollars of which shall be 
paid out of the State treasury in the manner now or hereafter 
provided by law for the payment of circuit solicitors and three 
hundred dollars of which salary shall be paid out of the county 
treasury of the county constituting such circuit in twelve equal 
monthly installments upon the warrant of the president of the 
board of revenue of such county. 

Sec. 6. That if any section, clause or provision of this act 
shall be declared unconstitutional it shall not be held to affect 
any other section, clause or provision of this act, but the same 
shall remain in full force and effect. 

Sec. 7. That this act shall become effective on the second 
Tuesday in January, 1917. 

Sec. 8. That the officers named in this act shall receive no 
compensation whatsoever for their services except the com¬ 
pensation hereinabove provided and that all laws, local and 
•general, in conflict with the provisions of this act are lierebv 
repealed. 

Sec. 9. That the compensation of the judges and solicitors 
as provided in this act shall be the only compensation they shall 
receive. 

Approved September 22,1915. 


No. 653.) (S. 651—Burns. 

AN ACT 

To further regulate the issuance of patents to owners or purchasers of six¬ 
teenth section land and prescribe the conditions on which the said pat¬ 
ents may be issued and by whom. 



719 


Be it enacted by the Legislature of Alabama: 

Section 1. That when a person is in possession of any six¬ 
teenth section land, under color of title, and has been in such 
possession for more than 20 years prior to the first day of May, 
1908, and the State, nor any department thereof holds no note, 
bond, obligation or other contract of any one for the purchase 
money of such land, and the State superintendent of education, 
and the State auditor shall so certify, and the attorney general 
shall certify that proof of adverse possession, by the person hoav 
in possession, or coupled with his predecessor in possession, for 
20 years prior to May the first, 1908, under color of title, has 
been made, which proof is satisfactory to the attorney general, 
the secretary of State must issue a patent, in the name of the 
State to such land, to the person entitled to under this act. 

Approved September 25, 1915. 


No. 655.) (S. 874—Denson. 

AN ACT 

To further prescribe the authority and duties of the attorney general and of 
solicitors acting under his authority; and to provide for the employment 
of special assistants to the attorney general; to provide for the conduct 
of the office of attorney general, to make an appropriation therefor, and 
to prescribe the method of its expenditure. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the attorney general shall have the author¬ 
ity either in person or by assistant to appear before any grand 
jury in this State, and to present any matter or charge to them 
for investigation and to prepare and present to the grand jury 
indictments for any violation of the laws of this State and issue 
subpoenas for witnesses to appear in the same manner and to 
the same extent as solicitors are now, or may hereafter be au¬ 
thorized by law to do. 

Sec. 2. That the attorney general, either in person or by one 
of his assistants, shall have the authority at any time he sees 
proper, either before or after indictment to superintend and 
direct the prosecution of any criminal cause in any of the courts 
of this State; and it shall be the duty of the solicitor prosecut¬ 
ing in such court, to assist and act in connection with the at¬ 
torney general, or his assistant in such cause. 

Sec. 3. That the attorney general shall have the authority 
and it shall be his duty to give the solicitors of the several cir- 



720 


cuits any opinion, instruction, or advice necessary or proper to 
aid them in the proper discharge of their duties either by circu¬ 
lar or personal letter, and may direct any solicitor to aid and 
assist in the investigation, or prosecution of any cause in which 
the State is interested, in any other circuit or county than that 
of the solicitor so directed. Such solicitors shall have and exer¬ 
cise in such other county, or circuit all the powers and author¬ 
ity imposed by law upon the solicitor of such other county, or 
circuit. Provided, that the authority contained in this section 
shall not be held to conflict with or abridge any authority which 
may have been or which may be vested in the chief justice of the 
Supreme Court. Provided further, that nothing herein con¬ 
tained shall be construed to authorize the attorney general, any 
assistant of the attorney general, or other person at the instance 
or request of the attorney general to appear or in any way act in 
the name of the State in any civil suit or proceeding bv or 
against any county or county officer in which the State of Ala¬ 
bama has no direct financial interest. 

# Sec. 4. That whenever in his opinion the public interest re¬ 
quires it, by reason of the volume of the work in his office and 
the importance of the business and the interest of the State in 
the matter, whether civil or criminal, the attorney general, with 
the approval of the Governor, or the Governor himself, may re¬ 
tain and employ, in the name of the State of Alabama, such at¬ 
torneys and counselors at law as he thinks necessary to the 
proper conduct of the public business, and shall stipulate in 
writing with such attorneys and counselors the amount of their 
compensation to be approved by the Governor before employing 
them, and shall have supervision of their conduct and proceed¬ 
ings. Every attorney or counselor who is specially retained un¬ 
der the authority of the attorney general or the Governor, to 
assist in the trial of any case, or in any other matter in which 
the State is interested, shall receive a commission from the sec¬ 
retary of State as a special assistant to the attorney general; and 
shall take the oath required by law to be taken by the attorney 
general, and shall be subject to all the liabilities imposed upon 
them by law. The special assistants to the attorney general 
herein authorized shall be paid upon the warrant of the auditor 
drawn upon the certificate of the attorney general, approved by 
the Governor, that their services were actually rendered, that 
they were necessary for the efficient conduct of the public busi¬ 
ness, and could not be performed by the officers regularly pro¬ 
vided by law. 



721 


Sec. 5. He shall employ such clerical assistance in his office 
as may be necessary for the conduct thereof, and such employees 
shall be paid a compensation to be fixed by the attorney general, 
and approved by the Governor. The salaries of such clerical 
help shall be paid out of the treasury as the salaries of other 
State employees are paid. 

Sec. 6. The attorney general is authorized to incur such ex¬ 
penses as may be necessary in the investigation of violations of 
the criminal law, in the prosecution of crime, and in the con¬ 
duct, investigation and prosecution of any civil cause in which 
the State is interested or the State’s revenues involved. Au¬ 
thority is herein contained for the attorney general and his 
assisants to incur such traveling expenses in the performance of 
their duties as may be necessary; and the like expenses of solic¬ 
itors traveling in obedience to the direction of the attorney 
general as herein prescribed shall be paid; and such other inci¬ 
dental expenses of the office as may be necessary. All such ex¬ 
penses shall be paid by warrant drawn by the State auditor 
upon the certificate of the attorney general of accounts properly 
itemized and sworn to, such certificate to be approved by the 
Governor. 

Sec. 7. During the absence of the attorney general from the 
seat of government, or when so directed by him, the assistant 
attorneys general shall have the authority to render official 
opinions to such officers as the attorney general is required to 
advise, and to perform such other duties as may be directed by 
the attorney general; provided, that during such absence such 
authority shall be vested in the senior assistant to be designated 
by the attorney general, and in the absence of the latter also, in 
the next ranking assistant. The performance of such duties by 
such assistants shall have the same force and effect as if per¬ 
formed by the attorney general. 

Sec. 8. There is hereby appropriated out of the State treas¬ 
ury a sum of money sufficient to meet the expenses incurred un¬ 
der the provisions of this act. 

Sec. 9. That, if for any reason any section, provision, clause, 
or part of this act shall be held to be unconstitutional or in¬ 
valid, then that fact shall not affect or destroy the validity or 
constitutionality of any other section, provision, clause, or part 
of this act, which is not in and of itself unconstitutional or in¬ 
valid, and the remaining portion of this act shall be held valid 
without regard to the section, provision, clause, or part so held 
to be invalid. 

Approved September 22, 1915. 



722 


No. 656.) (S. 511—Lee. 

AN ACT 

To amend an act to amend section 2846 of the Code of Alabama, approved 

April 5, 1911. 

Be it enacted by the Legislature of Alabama: 

1. That an act to amend section 2846 of the Code of Ala¬ 
bama, approved April 5, 1911, be amended so as to read: 2846. 
Whenever a motion for a new trial shall be granted or refused 
by the circuit or city court or county court of law and equity, 
or probate court, in any civil or criminal case at law, either 
party in a civil case, or the defendant in a criminal case may 
except to the decision of the court and shall reduce to writing 
the substance of the evidence in the case, and also the decision 
of the court on the motion and the evidence taken in support 
of the motion and the decision of the court shall be included 
in the bill of exceptions which shall be a part of the record in 
the cause, and the appellant may assign for error that the court 
below improperly granted or refused to grant a new trial, and 
the appellate court shall have power to grant new trials, or to 
correct any error of the circuit court, city court and court of 
like jurisdiction, county court of law and equity, or probate 
court in granting, or refusing the same. And no presumption 
in favor of the correctness of the judgment of the court appealed 
from, shall be indulged by the appellate court. 

Approved September 22,1915. 


No. 657.) (S. 616—Holmes. 

AN ACT 

To further regulate primary elections in this State. 

Be it enacted by the Legislature of Alabama: 

1. That from and after the passage of this act all expenses, 
including fees for managers, clerks, returning officers, the serv¬ 
ing of notices, and all other charges and expenses, for holding 
primary elections in this State, for the nomination of candi¬ 
dates for office by the several political parties, shall be the same 
as are now provided by law for general elections in this State, 
and shall be paid in like manner as fees and charges for holding 
such general elections. 



723 


2. That no person shall be assessed a fee by the committee 
or other governing body of any political party in this State, 
as a condition for standing for nomination to any office in pri¬ 
mary elections. 

3. That any person found guilty of a violation of this act 
shall be guilty of a misdemeanor, and shall be fined not less than 
twenty-five nor more than one hundred dollars. 

4. That all laws and parts of law’s in conflict with the pro¬ 
visions of this act be and the same are hereby repealed. 

Approved September 22,1915. 


No. 659.) (S. 748—Hall. 

AN ACT 

To make appropriation for the payment of the expenses to be incurred in 
the proclamations of the Governor on constitutional amendments to be 
submitted to the qualified voters of the State under the authority of 
joint resolution adopted at the 1915 session of the Legislature of Ala¬ 
bama. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the sum of twenty-five thousand ($25,000) 
dollars, or so much thereof as may be necessary is hereby appro¬ 
priated out of any money in the State treasury not otherwise 
appropriated for the purpose of paying for the publication of 
the proclamations of the Governor on the proposed amend¬ 
ments to the Constitution to be submitted to the qualified voters 
of the State under the authority of joint resolution adopted at 
the 1915 session of the Legislature of Alabama. 

Sec. 2. The auditor shall draw his warrant on the State 
treasurer for the payment of accounts due newspapers that 
publish said proclamation upon the verification of said account 
by the secretary of State and approved by the Governor. 

Sec. 3. That all laws and parts of laws in conflict with this 
act be and the same are hereby repealed. 

Approved September 22, 1915. 


No. 660.) (S. 158—Key. 

AN ACT 

To require the bodies of all dead animals to be burned or buried, and to pro¬ 
vide a penalty for the failure to do so. 



724 


Be it enacted by the Legislature of Alabama: 

1. That it shall be the duty of all owners or custodians of 
animals which die or are killed in their possession or custody, 
other than such as are slaughtered for food, within twenty-four 
hours to cause the bodies of such animals to he burned, or buried 
at least two feet below the surface of the ground, provided that 
hogs dying with cholera shall be burned. No such burning shall 
be sufficiently near a residence or residences as to create a 
nuisance. 

2. Any person violating this act, either by failure to burn 
or bury an animal, dying or being killed in his possession or 
by causing the same to be burned in such proximity to a dwell¬ 
ing, or in such other way as to become a nuisance, shall on 
conviction be fined not less than ten dollars (f 10.00) nor more 
than fifty dollars ($50.00). ' 

Approved September 22, 1915. 


No. 662.) (S. 764 -Pride. 

AN ACT 

To amend sections 1222 and 1226 of the Code of 1907, relating to recorders 

and recorders courts, and to fines and sentences imposed by them. 

Be it enacted by the Legislature of Alabama, as follows: 

Section 1. That section 1222 of the Code of Alabama of 
1907 be and it is hereby amended so as to read as follows: 

“Section 1222. Fines and punishments same as in State 
courts. When the recorder, under the preceding section,, con¬ 
victs a party of a misdemeanor against the State, the limits of 
the punishment shall be those imposed by the State law' for the 
offense; and whenever the State has prescribed for such offense 
punishments in the alternative or conjunctively, such as fine 
and imprisonment or hard labor for the county, or compulsory 
imprisonment or hard labor for the second or a subsequent 
offense, the punishment to be inflicted by the municipal officer 
enforcing the State law T shall be as prescribed by the State law 7 , 
and within the limits prescribed for the particular offense; and 
in no case less than the minimum fixed by the State Iuav. 

Sec. 2. That section 1226 of the Code of Alabama of 1907, 
be and it is hereby amended so as to read as follows: “Section 
1226. Mayor may remit fines and commute sentences. The 
mayor or city commissioner or other officer or official body hav- 



726 


ing the authority of mayor shall have power to remit fines and 
commute sentences imposed by the recorder for violations of 
municipal ordinances, but neither he nor any municipal officer 
shall have any power to remit, commute, or alter the fines and 
sentences, or either, imposed by the recorder in the enforcement 
of State laws, under the jurisdiction conferred by section 1221 
of this Code” and he shall report his action to the council or 
other governing body at the next regular session with his rea¬ 
sons therefor in writing. 

Approved September 22, 1915. 


No. 663.) (S. 791—Hill. 

AN ACT 

To amend subdivision 7 of section 5987 of the Code of Alabama. 

Section 1. Be it enacted by the Legislature of Alabama, That 
subdivision 7 of section 5987 of the Code of Alabama be amend¬ 
ed so as to read as follows: (7) At the end of each term, to 
have the transcripts of the records of all cases, and the manu¬ 
script opinions of the court, decided at such term, bound in 
strong binding and lettered so as to show the term at which 
the decisions were made. This act shall also apply to the clerk 
of the Court of Appeals, and take effect immediately on its pas¬ 
sage. 

Approved September 22, 1915. 


No. 664.) (S. 345—Kline. 

AN ACT 

To amend section 5422 of the Code of Alabama, 1907 (relates to indexes to 
all instruments filed for record by the probate judge, and provides for 
separate indexes to instruments conveying real and personal property). 

Be it enacted by the Legislature of Alabama: 

1. That section 5422 of the Code of Alabama, 1907, be and 
the same is hereby amended so as to read as follows : 5422. In¬ 
dex of instruments recorded to be kept by probate judge. The 
judge of probate of each county in this State shall keep in his 
office four well bound books, of suitable size and grade of paper, 
in which to make a general direct and a general reverse index 
of each instrument filed for record in his office, and two of said 
books shall be used for conveyances of real property, and two 



726 


0 

for conveyances of personal property and all other instruments 
entitled to record in his office. In the general direct indexes 
he shall enter, in regular alphabetical order, under appropriate 
title, the name of each maker of the instrument, the name of 
each person to whom made, the date and character of such in¬ 
strument, and the date filed for record, and in the general re¬ 
verse indexes, in like alphabetical order, under its appropriate 
title he shall enter the name of each person to whom the instru¬ 
ment is made, the name of each person by whom the instrument 
is made, the date and character of such instrument, and the 
date filed for record. In instruments containing conveyances 
of both real and personal property, they shall be entered upon 
each set of indexes. Immediately on receipt of any instrument 
to be recorded, the judge of probate shall make those entries; 
and after recording the instrument, the book and page in which 
the record is made shall be noted opposite each name thus 
placed in such general direct and in such general reverse in¬ 
dexes. The failure to comply strictly with the provisions of 
this section shall subject the judge of probate to a penalty of 
one hundred dollars for each failure, to he recovered by any 
person who will sue for the same, besides damages to any per¬ 
son injured by such failure. 

Approved September 22, 1915. 


No. 666.) (S. 476—Den son. 

AN ACT 

To regulate the charging of fees and furnishing of information within the 
several departments of the State, and to provide for the covering into 
the State treasury of such fees. 

Be it enacted by the Legislature of Alabama: 

Section 1. That from and after the passage of this act it 
shall be unlawful for any State officer except as otherwise ex¬ 
pressly provided by law, to appropriate to his own use any 
fees, perquisites, or emoluments, incident to his office, for any 
information, documents, papers, writings or certificates; but 
fees shall be charged as hereinafter provided. 

Sec. 2. Whenever any person desires documents, copies of 
papers, writings or certificates or any abstract of the same, pecu¬ 
liar to any department of this State, a charge of 10 cents a 
hundred words shall be paid therefor, whereupon such copies of 



727 


documents, papers, writings, abstracts or certificates, shall be 
furnished and any and all sums or amounts collected shall be 
covered into the State treasury immediately and any informa¬ 
tion furnished for which a charge is made and collected the 
said sum so charged and collected shall be covered into the 
treasury immediately. 

Sec. 3. A book or register of all fees, charged as provided 
in the preceding section, shall be kept in the several depart¬ 
ments which shall be open for inspection at any time. 

Sec. 4. The head of any department, or person under his 
employ, who shall be guilty of violating any of the provisions 
of this act shall be guilty of a misdemeanor and, upon convic¬ 
tion thereof, shall be fined not exceeding five hundred dollars 
and not less than one hundred dollars. 

Approved September 29, 1915. 


No. 667.) (S. 734—Lee 

AN ACT 

To prohibit white female nurses from nursing, or being employed in nurs¬ 
ing in wards or rooms in hospitals, either public or private, in which 
negro men are placed for treatment, or to be nursed, and to provide the 
punishment for a violation thereof. 

Be it enacted by the Legislature of Alabama: 

Section 1. It shall be unlawful for any person or corpora¬ 
tion to require any white, female nurse to nurse in wards or 
rooms in hospitals, either public or private, in which negro men 
are placed for treatment, or to be nursed. 

Sec. 2. It shall be unlawful for any white female nurse to 
nurse in wards or rooms in hospitals, either public or private 
in which negro men are placed for treatment, or to be nursed. 

Sec. 3. Upon conviction for a violation of either of the fore- 
going sections the court shall assess a fine of not less than ten, 
nor more than two hundred dollars, and it may also, as addi¬ 
tional punishment, sentence such person, upon conviction, to 
confinement in the county jail, or to hard labor for the county 
for a term not exceeding six months. 

Sec. 4. That all laws and parts of laws in conflict with this 
act, be and the same are hereby expressly repealed. 

Approved September 29, 1915. 



728 


No. 668.) (S. 300—Ellis. 

AN ACT 

To appropriate the sum of one thousand dollars, annually, for the expense 
of holding the annual reunion of the Alabama division of the United 
Confederate Veterans and to authorize the Governor to appoint a com¬ 
missioner to receive and disburse the said fund. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the sum of one thousand dollars annually is hereby appro¬ 
priated for the expenses of holding a general State reunion of 
Alabama Confederate veterans at the place selected by the prop¬ 
er authorities of the Alabama Division of Confederate Veterans. 

Sec. 2. Be it f urther enacted, That the Governor of this 
State shall appoint a commissioner who shall be authorized an¬ 
nually to receive and disburse said fund; said commissioner to 
act without compensation in performing his duties in connec¬ 
tion with said fund. 

Sec. 3. Be it further enacted, This appropriation shall be 
paid annually to said commissioner upon the warrant of the 
auditor of the State drawn upon the State treasurer, out of any 
funds in the treasury not otherwise appropriated. 

Sec. 4. Be it further enacted , That said commissioner shall 
be authorized to expend said fund annually through the local 
committee of the place, town or city, where said reunion may be 
held for that year for the expenses of holding the same, on the 
approval of a committee appointed annually by the State reun¬ 
ion of Confederate veterans. Provided that the expenditures 
hereunder shall be subject to examination by the public exam¬ 
iner under the direction of the Governor. That the commis¬ 
sioner provided for by this act shall be a Confederate soldier. 
Approved September 28, 1915. 


No. 669.) (H. 1512—Carmichael. 

AN ACT 

To provide for the preservation of the aboriginal and other antiquities, 
mounds, earthworks, ancient forts and graves in the State of Alabama. 

Be it enacted by the Legislature of Alabama: 

1. That the State of Alabama reserves to itself the exclusive 
right and privilege of exploring, excavating or surveying, 
through its authorized officers, agents or employees, all aborig¬ 
inal and other antiquities, mounds, earthworks, ancient or his- 



729 


torie forts, and burial sites within the State of Alabama, sub¬ 
ject to the rights of the owner of the land upon which such an¬ 
tiquities are situated, for agricultural, domestic or industrial 
purposes; and that the ownership of the State is hereby express¬ 
ly declared in any and all objects whatever which may be found 
or located therein. 

2. That it is hereby made unlawful for any person not a 
resident of the State of Alabama, either by himself personally, 
or through any agent or employee, or for any one else acting 
for such person, to explore or excavate any of the remains de¬ 
scribed in section one hereof, or to carry or to send away from 
the State any objects which may be discovered therein, or which 
may be taken therefrom, or found in the vicinity thereof. 

3. That no explorations or excavations shall be made in any 
of such remains without the consent of the owner of the land 
first had and obtained, and Avithout such work is done in such 
way as not to injure any crops, houses or improvements on the 
land adjacent to or forming a part of such remains. 

4. That no explorations or excavations shall be made, which 
will destroy, deface, or permanently injure such remains; and 
that after any such explorations or excavations, they shall be 
restored to the same like condition as before such explorations 
or excavations were made. 

5. That no objects taken from such remains shall be sold or 
disposed of out of the State, but when removed therefrom, the 
objects so gathered shall be retained in State custody, and 
either placed in the collection of the department of archives and 
history, or in the museums or in the libraries of the educational 
or other institutions of the State, or they may be exchanged 
for similar or other objects from other states, museums, libra¬ 
ries, or individuals. 

6. That any person who shall violate any of the provisions 
of this act shall be guilty of a misdemeanor, and, on conviction, 
shall be fined not exceeding one hundred dollars for each of¬ 
fense. 

Approved September 29, 1915. 


No. 672.) 


(H. 1397—Fite of Marion. 


AN ACT 

To make an annual appropriation for any county that may be levying and 
collecting a special county school tax during any scholastic year, and to 
provide for the expenditure of the fund set apart for any county by the 
county board of education. 



730 


Be it enacted by the Legislature of Alabama: 

1. That for the school year beginning Oct. 1, 1915, and for 
each and every year thereafter there is hereby appropriated out 
of any funds in the State treasury not otherwise expended, the 
sum of one thousand ($1,000) dollars to each and every county 
in the State that may be levying and collecting for such school 
year a one-mill special county school tax. 

2. That for the school year beginning Oct. 1, 1917, and for 
each and every year thereafter, there is hereby appropriated out 
of any funds in the State treasury not otherwise expended the 
sum of two thousand ($2,000) dollars to each and every county 
in the State that may be levying and collecting for such school 
year a two-mill special county school tax. Provided that any 
county receiving the benefit of section two of this act shall not 
be entitled to share under section one of this act. 

3. That for the school year beginning Oct. 1, 1917, and for , 
each and every year thereafter, there is hereby appropriated out 
of any funds in the State treasury not otherwise expended, the 
sum of three thousand ($3,000) dollars to each and every coun¬ 
ty in the State that may be levying and collecting for such 
school year a three-mill special county school tax. Provided 
that any county receiving the benefit of section three of this act 
shall not be entitled to share under sections one and two of this 
act. 

4. That at the beginning of the school year Oct. 1, 1915, and 
each and every school year thereafter, the State superintendent 
of education shall certify to the State auditor the name and 
amount to be placed to the credit of each and every county un-. 
der the provisions of this act, and the auditor shall upon re¬ 
quest of the State superintendent of education, draw his war¬ 
rant upon the State treasurer in favor of the county treasurer 
of school funds of the county for the amount so certified by the 
State superintendent of education in accordance with this act. 

5. That the funds so set apart for any county shall be ex¬ 
pended by the county board of education of any county entitled 
to receive the benefits of this act, as in the opinion of said coun¬ 
ty board will best promote the cause of education in said 
county. 

6. That all laws and parts of laws in conflict with the pro¬ 
visions of this act be and the same are hereby repealed. 

Approved Sept. 23, 1915. 



731 


No. 673.) (H. 1554—John. 

AN ACT 

To provide for the holding of teachers’ institutes in this State, to authorize 

the employment of institute conductors, and to make necessary appro- 

priations for the same. 

Be it enacted by the Legislature of Alabama: 

1. That the sum of $6,500 be appropriated annually out 
of the general educational fund for the purpose of defraying the 
expenses of holding and conducting institutes for the teachers 
of this state. 

2. That a teachers’ institute shall be held each year in the 
several counties of the State or such groups of counties as the 
State superintendent of education may designate. The time 
for holding the institutes shall be fixed by the State superin¬ 
tendent of education after consultations with the county boards 
of education concerned. 

3. That for the purpose of conducting these institutes, 
the State superintendent of education is authorized to employ 
persons of recognized ability to conduct the same under his 
direction, and to pay the persons so employed such salaries and 
expenses as may be required and as the funds will permit. 

4. That it is hereby made the duty of teachers to attend 
an institute for four full days in each scholastic year, and no 
teacher shall be employed in any elementary or high school sup¬ 
ported in whole or in part from public funds, unless such 
teacher shall .file with the board of education of the county or 
the incorporated city or town, as the case may be, a certificate 
showing that such teacher has attended a county institute for 
four full days within twelve months next preceding the date 
such teacher is to begin work under his contract, or that such 
teacher has attended an institution of higher learning and pur¬ 
sued a course of professional study for at least three weeks 
during the scholastic year in which the institute is held; pro¬ 
vided that the State superintendent of education shall have 
power to excuse teachers from institute attendance for extra¬ 
ordinary reasons, and to this end he shall make rules and regu¬ 
lations governing the same; provided further, that the signed 
statement of the State superintendent of education that any 
teacher is excused by him shall be accepted in lieu of the certifi¬ 
cate of institute attendance required in this section. 

5. That the county board of education and the boards of 
education of all incorporated cities and towns shall cause all 



732 


the schools under their control for any race for which a teach¬ 
ers’ institute is being held in a county or in a group of counties, 
to be suspended during the time of the holding of such institute, 
and the contract of any teacher who fails to attend an institute 
so held shall thereby be voided, unless the person conducting 
said institute shall file with the county superintendent of educa¬ 
tion a written statement that he has excused, for good and suf¬ 
ficient reasons, the teacher failing to attend said institute. The 
conductor of any institue shall issue a certificate of attendance 
to each teacher attending the sessions of the institute, and shall 
make in duplicate a list of all teachers present at the institute 
for the required time and of those excused by him, and he shall 
file a copy of said list with the county superintendent of educa¬ 
tion and shall send the original to the State superintendent of 
education. 

6. That each teacher attending an institute shall pay to 
the county superintendent of education a fee of not less than 
fifty cents and not more than one dollar, which shall be used to 
supplement the state fund appropriated by this act for the 
maintenance of teachers’ institutes. 

7. That the funds appropriated under this act shall be used 
for the payment of the salaries and expenses of the institute 
conductors and for such other expenses as may be necessary to 
make this act of the greatest benefit to the teachers of the state; 
and the State auditor shall, upon the approval of the State 
superintendent of education, issue warrants on the State treas¬ 
ury for said salaries and expenses; provided that the institute 
conductor shall be paid as other State officers are paid; pro¬ 
vided further that all unexpended balances remaining to the 
credit of the institute fund for the year ending September 30, 
1915, shall be conveyed into the State treasury, to be drawn out 
upon the requisition of the State superintendent of education 
in the same manner that the appropriation under this act is 
drawn, and all unexpended balances after the above date at the 
end of any fiscal year shall remain to the credit of said insti¬ 
tute fund, to be expended in any following year. 

8. That all laws and parts of laws in conflict with this act 
be and the same are hereby repealed. 

Approved September 23, 1915. 



733 


No. 675.) (H. 1057—Jones of Lauderdale. 

AN ACT 

To give to the State board of health supervision and control over the source 
or sources of supply of all water works plants or systems operated by 
any person, firm, corporation or municipality operating water works, or 
supplying water for domestic purposes; to provide for the examination 
and analysis of the water so supplied to the public; to regulate the con¬ 
ditions upon which water works plants may be built, or the source of 
supply changed or enlarged; to prevent the furnishing of impure or pol¬ 
luted water to the public, and to provide for maintaining the purity of 
all public water supplies. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the State board of health shall exercise su¬ 
pervision over, and shall from time to time by its employees or 
agents, examine the source of supply of the various water works 
systems in this State, and also the method of filtering and treat¬ 
ing such water and delivering the same to consumers. The 
State board of health shall from time to time make such recom¬ 
mendations to any person, company, corporation or municipali¬ 
ty supplying water for domestic purposes to consumers, as will 
tend to improve the water supply or to preserve its purity. 

Sec. 2. It shall be the duty of the State board of health to 
procure as often as once every three months, and oftener if in 
the opinion of the president of the State board of health, it 
should be necessary, a sample of water furnished to consumers 
by each person, company, corporation, institution or municipal¬ 
ity in this State which supplies water for domestic purposes to 
the public from or by means of any water works or water works 
system. It shall be the duty of the State board of health to 
cause a bacteriological examination to be made of the samples 
of water so procured, and to record such analyses in a book kept 
for that purpose in the office of the State board of health and to 
furnish to the municipal authorities in which the water works 
system is located a copy of such analyses, and if such water 
works system is owned by an individual or private corporation, 
to furnish a copy of such analyses to such individual or private 
corporation also. 

Sec. 3. The State board of health is charged with the duty 
Of inspecting from time to time the quality of water furnished 
to consumers by any person, firm, corporation, association or 
municipality, and when it has been ascertained by the State 
board of health that any water furnished to consumers is im¬ 
pure, or is unfit for human consumption, or is likely to cause 



734 


disease in man, the State board of health shall notify the person, 
company, corporation, institution or municipality furnishing to 
consumers the water which is found to be impure, and shall 
direct such steps shall be taken to purify such water supply and 
to prescribe the time within which such steps shall be taken to 
make such water supply conform to the requirements of the 
State board of health, and if any such person, firm, corporation, 
institution or municipality shall fail within the time required 
by such order to take the steps required by the State board of 
health, and remove the cause of complaint, the State board of 
health shall publish in a newspaper published in the county a 
statement to consumers of water so found to be impure, calling 
their attention to the impurity of the water supply and direct- 
ing them as to the course to be taken for the preservation of the 
health of such consumers. 

Sec. 4. After the passage of this act, no water works plant 
or system shall be constructed until application has been made 
to the State board of health for a permit stating the place where 
such water works system is to be constructed, and describing 
the source of the water supply; and no new source of water sup¬ 
ply shall be established or developed until a like application for 
a permit is filed with the State board of health describing such 
new or additional water supply which it is proposed to develop. 
When such application is made, it shall be the duty of the State 
board of health within thirty days thereafter to examine the 
source of water supply, and the drainage of the land adjacent 
thereto, and to analyze the water and determine whether it is or 
not, or can be made, pure and wholesome and suitable as a do¬ 
mestic water supply. The State board of health shall pay par¬ 
ticular attention to the water shed which it is proposed to util¬ 
ize and the liability of the same to pollution, and it shall not ap¬ 
prove the application of any person, firm, corporation or munic¬ 
ipality to develop or utilize a source of supply where the water 
is unfit for use or likely to become so. The State board of health 
in making such examination shall consider all the facts and cir¬ 
cumstances bearing upon the source of supply, and the possibili¬ 
ty of its contamination, and if it ascertains that the water is 
unfit for domestic purposes, is contaminated, or likely to be¬ 
come so, or that the drainage of the water shed is likely to cause 
pollution of said water supply in such a way that the same can 
not be remedied, the State board of health shall refuse to grant 
to any person, company, corporation, institution or municipali¬ 
ty, a permit to utilize said water supply, provided however, that 
the State board of health may issue said permits if the water so 



735 


proposed to be used can be purified, and the person, firm, cor¬ 
poration or municipality desiring to develop or utilize the same, 
will comply with the requirements of the State board of health, 
and treat and purify such water in the manner prescribed by it. 

Sec. 5. No person, firm, corporation, institution or munici¬ 
pality shall hereafter construct any water works or water works 
system for supplying water for domestic purposes to the public, 
without having first obtained a permit from the State board of 
health as provided in the preceding section, and no municipal 
corporation shall be authorized to incur any debt, or to issue 
any bonds in aid of such water supply unless a permit shall first 
have been obtained from the State board of health approving 
the source of supply as set out in the preceding section. 

Sec. 6. All laws and parts of laws in conflict with the pro¬ 
visions of this act be and the same are hereby repealed. 

Sec. 7. That no provision of or contained in any section of 
this act shall be construed to be in conflict with or to supplant 
any pow r er now or hereafter to be vested in municipal corpora¬ 
tions to regulate, supervise or control the source or sources of 
supply of water works plants or systems supplying water to cit¬ 
ies and towns and the inhabitants thereof, to provide for exam¬ 
inations or analyses of w y ater, to prescribe the conditions upon 
which water works plants may he built or the sources of supply 
changed or enlarged, or to prevent the furnishing of impure or 
polluted water or provide for the purity of water supplies or 
the maintenance of the purity thereof. 

Approved Sept. 23, 1915. 


No. 676.) (H. 1223—Tubb 

AN ACT 

To amend an act approved April 22nd, 1911, entitled an act to amend section 

1258 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of the State of Alabama: 

That an act entitled an act to amend section 1258 of the Code 
of Alabama approved April 22nd, 1911, be and the same is 
hereby amended so as to read as follows: All ordinances shall, 
as soon as may be after their passage be recorded in a book kept 
for that purpose, and be authenticated by the signature of the 
clerk, and all ordinances or regulations of a general or perma¬ 
nent nature shall be published in some newspaper of general cir- 



736 


dilation in the city or town, but if no such newspaper is pub¬ 
lished within the limits of the corporation, such ordinances or 
resolutions may be published by posting copies thereof in three 
public places within the limits of the city or town, two of which 
places shall be at the post office and the mayor’s office in such 
city or town. When the ordinance is published in the newspa¬ 
per, it shall take effect from and after the time it shall first ap¬ 
pear in said publication and when published by posting it shall 
take effect five days thereafter, except as herein otherwise pro¬ 
vided. Immediately following the record of any ordinance the 
clerk shall append a certificate stating therein the time and 
manner of publication thereof, which certificate shall be pre¬ 
sumptive of the facts stated therein. All ordinances granting 
a franchise shall be published at the expense of the party or par¬ 
ties to whom the franchise is to be granted. Provided that, in 
cities or towns having a population of less than three thousand 
inhabitants as shown by the last or any subsequent Federal cen¬ 
sus, publication may be either by posting as herein provided in 
case of no newspaper being published in the town or by publica¬ 
tion in a newspaper, at the option of the governing body of such 
city or town. 

Approved Sept. 23, 1915. 


No. 677.) (H. 182—Weakley. 

AN ACT 

To amend section 3025 of the Code of Alabama. 

Section 1. Be it enacted by the Legislature of Alabama, 
That section 3025 of the Code of Alabama be amended so as to 
read as follows: 3025. Whenever a bridge, ferry or causeway is 
necessary on the line between two counties, and the work is too 
great to be done by the overseers, the same must be built at the 
joint expense of such counties in proportion to the amount of 
taxable property in each; and when the cost of building any 
county line bridge is so great that it cannot be paid by the coun¬ 
ties which such stream divides, which fact may be determined 
by the court of county commissioners of either county, such 
counties, or either of them, may make such contracts and incur 
such debt as may be necessary within constitutional limits, to 
procure for the use of such counties, or either of them, or the 



737 


inhabitants thereof, the free use of a thoroughfare for vehicles 
and foot passengers over or across any bridge that may be built 
by any person, firm or corporation over any stream forming the 
dividing line between such counties, and to pay any debt that 
may be thereby incurred any county may issue its bonds when 
such issue is authorized by vote as required by law. And a 
county line, bridge or ferry in the meaning of this section, shall 
be construed to be a bridge or ferry across a stream or slough 
between two counties whether the actual dividing line between 
said counties runs on either bank, or in the center of said stream 
or slough. 

Approved Sept. 23, 1915. 


No. 678.) (IT. 1591—Hogan. 

AN ACT 

To authorize county commissioners, or boards of revenue in counties in this 
State of one hundred and fifty thousand inhabitants, or more, according 
to last Federal census or any subsequent Federal census to elect physi¬ 
cians to attend the inmates of county poor houses and jails, and to fix 
their terms of office and compensation. 

Section 1. Be it enacted by the Legislature of Alabama } 
That the courts of county commissioners or boards of revenue 
in the various counties in this State of one hundred and fifty 
thousand inhabitants or more according to the last Federal cen¬ 
sus, or any subsequent Federal census be and they are hereby 
authorized and empowered from and after the approval of this 
act, to elect a physician or as many physicians, as in their dis¬ 
cretion, may be necessary to attend the inmates of the county 
poor houses and jails in such counties. 

Sec. 2. That such courts shall fix and determine the term or 
terms of such physician or physicians, which term or terms of 
office shall not be for a longer period than the expiration of the 
terms of office of the members of such courts, and such courts 
shall fix and determine the amount of compensation which shall 
be paid to such physician or physicians and shall determine 
what duties such physician shall perform. 

Sec. 3. That all laws, local, general or special in conflict 
herewith, are hereby expressly repealed. 

Approved Sept. 23, 1915. 


24 GA 



738 


No. 679.) (H. 1550—Carmichael. 

AN ACT 

To supply the department of archives and history with sets of official publi¬ 
cations for exchange purposes. 

Be it enacted by the Legislature of Alabama: 

1. That, in addition to the number of copies of any report or 
other official publication of any executive office, department, 
colnmission, bureau, board and State institution, now or which 
may hereafter be authorized by law, except the reports of the 
Supreme Court, the Court of Appeals and the Acts and Jour¬ 
nals of the Legislature, the State printer orother person print¬ 
ing such report or document, shall print two hundred and fifty 
additional copies for the use of the department of archives and 
history, to be held for free distribution and exchange with State 
libraries, public libraries, institutions and individuals in Ala¬ 
bama and elsewhere. 

Approved Sept. 23, 1915. 


No. 680.) (H. 1451—Tubb. 

AN ACT 

To amend section 3 of an act entitled “An act regulating administrations of 
estates in the chancery courts, and courts of like jurisdiction in this 
State,” approved on the 21st day of April, 1911. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 3, of an act entitled “An act regu¬ 
lating administrations of estates in the chancery courts and 
courts of like jurisdiction in this State,” approved on the 21st 
day of April, 1911, be amended so that section 3 shall read as 
follows: 

Sec. 3. That the administration of any estate may be re¬ 
moved from the probate court to the chancery court, or court of 
like jurisdiction, at any time before a final settlement thereof, 
by any heir, devisee, legatee, distributee, executor, administra¬ 
tor, or administrator with the will annexed, of any such estate, 
without assigning any special equity; and an order of removal 
must be made by the court, chancellor or judge, either in term 
time or vacation, upon the filing of a sworn petition by any such 
heir, devisee, legatee, distributee, executor, administrator, or 
administrator with the will annexed, of any such estate, reciting 



739 


that the petitioner is such heir, devisee, legatee, distributee, ex¬ 
ecutor, administrator, or administrator with the will annexed 
and that in the opinion of the petitioner such estate can be bet¬ 
ter administered in the chancery court, or court of like jurisdic¬ 
tion, than in the probate court. 

Approved Sept. 23, 1915. 


No. 681.) 


(H. 1546—Chamberlain. 


AN ACT 

To appropriate the sum of four thousand dollars to pay the unpaid salaries 

of the officers and employees of the Alabama oyster commission. 

Whei'eas, the Alabama oyster commission, at the time it was 
abolished by the Legislature of this State, was indebted to its 
officers and employees for services rendered by them to the said 
commission; and 

Whereas, there are no funds available with which to pay said 
salaries; and 

Whereas, the Legislature of this State, by an act approved 
April 18th, 1911, appropriated the sum of fifteen thousand 
($15,000) dollars for the use of the said Alabama oyster com¬ 
mission ; and 

Whereas, only a small portion of said appropriation of fif¬ 
teen thousand ($15,000) dollars was given to the said Alabama 
oyster commission; therefore, 

Be it enacted by the Legislature of Alabama: 

Section 1. That there is hereby appropriated out of the 
funds of the State of Alabama, not otherwise appropriated* the 
sum of four thousand ($4,000) dollars, or so much thereof as 
may be necessary, to be used in the payment of the unpaid sal¬ 
aries due the officers and employees of the Alabama oyster 
commission at the time the said commission was abolished. 

Sec. 2. That all officers and employees of the said Alabama 
oyster commission, whose salaries have not been paid, shall pre¬ 
pare an itemized statement of the amount due such officers and 
employees by the said Alabama oyster commission, which shall 
be verified by the affidavit of said officers and employees; that 
said verified account shall be filed with the secretary of State, 
who shall inquire into the correctness thereof. If, in the opinion 
of the secretary of State, said account is correct and unpaid, 
he shall so certify said fact to the State auditor, who shall 



740 


thereupon draw his warrant upon the treasury of Alabama in 
favor of the said officers or employees for the amount so certi¬ 
fied to by the secretary of State, which said warrant shall be 
paid by the State treasurer, provided no payment shall be made 
until the claim has been approved and ordered paid by Gov¬ 
ernor. 

Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due or should be paid and shall make an award in writing to 
the Governor as to the amount so due, and the said Governor 
shall in writing, order the State auditor to draw his warrant 
upon the State treasurer for the amount ascertained is due or 
should be paid, and it shall be the duty of the State treasurer 
to pay said warrant out of any money in the treasury not other¬ 
wise appropriated. 

Approved September 29, 1915. 


No. 683.) 


(H. 939—Mr. Lee. 


AN ACT 

To appropriate the sum of three hundred and twelve and a half dollars 
($312.50) out of the fund of the department of agriculture provided by 
section 52 of the Code, to pay Annie Catherine Fike for her services as 
stenographer in the department of agriculture from March 13th to July 
31st, 1915. 

Be it enacted by the Legislature of Alabama: 

1. That there is hereby appropriated out of the fund in the 
State treasury, for the expenses of the department of agricul¬ 
ture. provided by section 52 of the Code, the sum of three hun¬ 
dred and twelve and a half dollars ($312.50) to pay the salary 
of Annie Catherine Fike for her services as stenographer in the 
department of agriculture, from March 15th to July 31st, 1915. 

Sec. 2. Upon the approval of this act, the auditor is hereby 
authorized and directed to draw his warrant on the State treas¬ 
ury and against the fund aforesaid for the said sum of three 
hundred twelve dollars and fifty cents, and deliver the same to 
Annie Catherine Fike, in full satisfaction for her services as 
stenographer in said bureau during the time mentioned. 
Approved Sept. 23, 1915. 



741 


No. 684.) (H. 242— Blackwell. 

AN ACT 

To appropriate the sum of $6,849.17 to Marshall and Bruce Company, Nash¬ 
ville, Tenn., contractors for furnishing stationery and stationery sup¬ 
plies to the State of Alabama. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the sum of six thousand eight hundred 
forty-nine and 17/100 ($6,849.17) dollars is appropriated out 
of any moneys in the State treasury not otherwise appropriated, 
to Marshall and Bruce Company, Nashville, Tenn., contractors 
for furnishing stationery and stationery supplies to the State of 
Alabama. The said sum being the balance due the said Mar¬ 
shall and Bruce Company for stationery and stationery upplies 
furnished the State of Alabama. 

Sec. 2. That upon the approval of this act by the Governor, 
the State auditor is directed to draw his warrant on the State 
treasury for the said sum of six thousand eight hundred forty- 
nine and 17/100 ($6,849.17) dollars in favor of said Marshall 
and Bruce Company. Section—Provided, however, that the 
Governor, the attorney general, the State auditor, the State 
treasurer and the director of the department of archives and 
history shall be and constitute a commission whose duty it shall 
be to ascertain how much is due, and shall make an award in 
writing to the Governor as to the amount so due, and the said 
Governor shall in writing, order the State auditor to draw his 
warrant upon the State treasurer for the amount ascertained to 
be due, and it shall be the duty of the State treasurer to pay 
said warrant out of any money in the treasury not otherwise ap¬ 
propriated. 

Approved Sept. 23, 1915. 


No 686.) (H. 1307—Mr. Welch. 

AN ACT 

To provide for the election of a deputy circuit clerk in counties having more 
than three circuit judges to perform the duties of circuit clerk at places 
of holding circuit court other than the county site, and to provide for 
his compensation. 

Be it enacted by the Legislature of Alabama: 

Section 1. That there shall be elected at the general election 
in 1916 a deputy clerk of the circuit court, in all counties that 



742 


alone constitute a circuit in which there are more than three 
judges and the circuit court therein is held at the county site 
and at some other place in the county, by the qualified electors 
in the territory of such county within which the cases arise that 
are tried at the place of holding the circuit court other than the 
county site, which said deputy clerk shall at the time of his elec¬ 
tion and during his term of office reside within the territory in 
which the cases arising therein are tried at the place of holding 
such circuit court other than at the county site, and which said 
deputy clerk shall receive the same compensation, perform the 
same duties and exercise the same authority, under the super¬ 
vision of the circuit court, in said circuit court when being held 
at said place, as if he were the circuit court clerk, and such dep¬ 
uty clerk shall hold office until the next general election at 
which clerks of the circuit courts in this State are elected and 
until his successor is elected and qualified, and at the next gen¬ 
eral election at which said circuit court clerks are elected, there 
shall be elected a deputy clerk from the same territory and with 
the same powers and duties, authorities and compensation, and 
said deputy clerk shall be elected at the general election at 
which the clerks of the circuit cotirts of the State are elected 
each six years thereafter. 

Sec. 2. That before entering upon the duties of his office the 
said deputy clerk herein provided for shall take and subscribe 
to the same oath of office and enter into the same bond as cir¬ 
cuit court clerks of the State and shall be subject to the same 
liabilities. 

Sec. 3. All laws and parts of laws in conflict with the pro¬ 
visions of this act are hereby repealed. 

Approved Sept. 23, 1915. 


No. 688.) (H. 1629—Walden. 

AN ACT 

For the relief of the treasurer of the Confederate soldiers home of Alabama. 

Be it enacted by the Legislature of the State of Alabama: 

That the sum of six hundred six and 75/100 dollars, pur¬ 
chase money for land bought for the benefit of the Confederate 
soldiers home by order of the board of control of said home, and 
seven hundred and nineteen and 03/100 dollars expended by 
order of the executive committee of said home, for fire insurance 



743 


and repairs on the property of the home, be paid out of any sur¬ 
plus fund now in the hands of the treasurer of said home. 

Section 1. Provided, however, that the Governor, the attor¬ 
ney general, the State auditor, the State treasurer and the direc¬ 
tor of the department of archives and history shall be and con¬ 
stitute a commission whose duty it shall be to ascertain how 
much is due and shall make an award in writing to the Gov¬ 
ernor as to the amount so due and the said Governor shall in 
writing, order the State auditor to draw his warrant upon the 
State treasurer for the amount ascertained to be due and it shall 
be the duty of the State treasurer to pay said warrant out of 
any money in the treasury no otherwise appropriated. 

Approved Sept. 23,1915. 


No. 689.) (H. 957—Davie. 

AN ACT 

For the relief of J. E. Shackleford of Green Pond, Bibb county, Alabama, a 

Confederate veteran. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the sum of one hundred and sixty dollars is 
appropriated out of the moneys in the State treasury, not other¬ 
wise appropriated, to J. E. Shackleford, a Confederate soldier 
who resides at Green Pond in Bibb county, Alabama, whose 
name was erroneously stricken from the pension roll of the Con¬ 
federate veterans during the years of 1911 and 1912. 

Sec. 2. That upon approval of . this act by the Governor of 
the State of Alabama, the State auditor of Alabama is directed 
to draw his warrant on the State treasury for the said sum of 
one hundred and sixty dollars in favor of said J. E. Shackleford. 

Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due and shall make an award in writing to the Governor as to 
the amount so due and the said Governor shall in writing, order 
the State auditor to draw his warrant upon the State treasurer 
for the amount ascertained to be due and it shall be the duty of 
the State treasurer to pay said warrant out of any money in the 
treasury not otherwise appropriated. 

Approved Sept. 23, 1915. 



744 


No - 691 -) (H. 1259—Copeland. 

AN ACT 

Providing that no manufacturing or other industrial plant or establishment, 
or any of its appurtenances, or the operation thereof, shall be or be¬ 
come a nuisance, private or public, by changed conditions in and about 
the locality thereof, after the same has been in operation for more than 
one year when such plant or establishment or appurtenances or the 
operation thereof, was not a nuisance at the time the operation thereof 
begun, and prohibiting and annulling any municipal ordinance to a con¬ 
trary effect. 

Be it enacted by the Legislature of Alabama: 

Section 1. That no manufacturing’ or other industrial plant 
or establishment, or any of its appurtenances, or the operation 
thereof, shall be or become a nuisance, private or public, by any 
changed conditions in and about the locality thereof after the 
same has been in operation for more than one year, when such 
plant or establishment or its appurtenances, or the operation 
thereof, was not a nuisance at the time the operation thereof be¬ 
gun; provided, that the provisions hereof shall not apply when¬ 
ever a nuisance results from the negligent or improper opera¬ 
tion of any such plant, establishment or any of its appurte¬ 
nances; and provided further that the provisions of this act 
shall not affect or defeat the right of any person, firm or cor¬ 
poration to recover damages for any injuries or damage sus¬ 
tained by them on account of any pollution of, or change in the 
condition of, the waters of any stream, or on account of any 
overflow of the lands of any person, firm or corporation. 

2. That any and all ordinances now adopted, are or here¬ 
after adopted, by any municipal corporation in which such 
plant is located, operating to make the operation of any such 
plant or establishment, or its appurtenances, a nuisance, or pro¬ 
viding for an abatement thereof as a nuisance, in the circum- 
sances set forth in the preceding section are and shall be null 
and void; provided, that the provisions hereof shall not apply 
whenever a nuisance results from the negligent or improper op¬ 
eration of any such plant, establishment, or any of its appurte¬ 
nances. Provided further that section two of this act shall not 
be construed to invalidate any contracts heretofore made, but in 
so far as contracts are concerned this act only applies to con¬ 
tracts and agreements to be made in the future. 

3. That if any section or provision of this act shall be held 
to be unconstitutional, or invalid, such construction shall not 
have the effect to invalidate the other sections or provisions 
thereof. 

Approved Sept. 23, 1915. 



745 


No. G93.) (H. 1509—Carmichael. 

AN ACT 

To require all libraries, other than private libraries, in this State, to make 
annual and other reports to the department of archives and history. 

Be it enacted by the Legislature of Alabama: 

1. That all libraries, other than private libraries, in this 
State, including all free public or subscription libraries, or 
libraries maintained by institutions, societies, colleges, insti¬ 
tutes or schools, are required to make both regular and special 
reports to the department of archives and history as may be 
called for, and in accordance with such regulations as may be 
prescribed by the department. 

Approved September 22, 1915. 


No. 095.) (H. 544—Hubbard. 

AN ACT 

To regulate and provide for the volunteer military forces of the State of 
Alabama, and to promote its efficiency; to prescribe rules, regulations 
and means for its organization, armament, equipment, discipline, con¬ 
trol and supervision; to provide for its maintenance, support and up¬ 
keep; to provide means for the enforcement of this act, and to fix pen¬ 
alties and punishments for violations of this act. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the active volunteer organized military . 
forces of the State of Alabama shall constitute and be known 
as the Alabama National Guard and may consist of not more 
than one division; and the Governor of the State shall be the 
commander-in-chief thereof except when they shall be called 
into the service of the United States; but he shall not command 
personally in the field unless advised to do so by a resolution of 
the Legislature. The organization, armament and discipline of 
the Alabama National Guard shall be the same as that which 
is now or may be hereafter prescribed for the regular and vol¬ 
unteer military forces of the United States. The Governor shall 
exercise the authority of issuing the lawful orders to organize, 
equip and discipline the Alabama National Guard so that it 
may conform as near as practicable to the regulations for the 
government of the armies of the United States, and such orders 
when duly made and published shall have force and effect of law. 
The Governor in his discretion is authorized to organize a naval 



746 


militia in accordance with the regulations prescribed therefor 
by the United States Government and to commission the offi¬ 
cers thereof and shall have the same authority there over as 
over the National Guard. 

Sec. 2. The staff of the commander-in-chief shall consist of 
the following officers to be appointed by him and commissioned 
as officers in the Alabama National Guard, holding office at 
his pleasure except as may be otherwise provided: One adjutant 
general of the State with the rank of brigadier general who 
shall be the chief of staff and who shall be appointed by the 
Governor with the advice and consent of the Senate, and who, 
prior to his appointment, shall have served as much as two 
years in the Alabama National Guard, or shall have served in 
the Spanish American War, or in the United States army; and 
not more than twelve officers with the rank of lieutenant col¬ 
onel as aids-de-camp, who shall he commissioned with brevet 
rank only but not as officers in the Alabama National Guard. 
Provided that nothing in this section shall be construed as 
creating any vacancy among the officers on the staff of the Gov¬ 
ernor as now commissioned, and shall not become effective until 
the second Monday in January, 1919, insofar as the officers on 
the Governor’s staff now commissioned are concerned. 

Sfec. 3. The adjutant general of the State shall be chief of 
staff and ex-officio chief of all staff departments. He shall 
supervise the receipt, preservation, repair, distribution, issue 
and collection of all arms and military stores of the State. He 
shall supervise all troops, departments, arms and branches of 
the Alabama National Guard, such supervisory powder covering 
* primarily all duties pertaining to the organization, armament, 
discipline, training, recruiting, inspecting, instructing, pay, sub¬ 
sistence and supplies: keep a roster of all the officers and men 
of the Alabama National Guard and keep on file in his office 
copies of all orders, reports and communications received and 
issued by him. He shall from time to time cause the laws and 
orders relating to the Alabama National Guard to be indexed, 
printed and bound at the expense of the State. He shall dis¬ 
tribute to each officer all law’s and orders relating to the Ala¬ 
bama National Guard and cause to be prepared and published 
blank books, forms and stationery and furnish them to the Ala¬ 
bama National Guard at the expense of the State. He shall 
from time to time prepare and publish by order of the Governor 
such orders, rules and regulations, consistent with law r as are 
necessary to bring the organization, armament, equipment and 
discipline of the Alabama National Guard to a state of efficiency 



747 


as nearly as possible approaching that of the United States 
army, and such other orders as may be necessary. He shall 
also prepare such reports and returns as the secretary of war 
may prescribe and require, and the auditor shall draw warrant 
on the treasurer for all expenses incurred under this section on 
bills regularly presented to and approved by the Governor. He 
shall also perform such other duties as may be required of him 
by the commander-in-chief. He shall receive a salary of two 
thousand dollars ($2,000.00) per annum. He shall have as his 
assistant one major of the adjutant general’s department who 
shall be chief clerk and assistant to the adjutant general, and 
who, in the absence of the adjutant general, shall perform all 
the duties of his office and such other duties as the adjutant 
general may require. He shall see that all arms and military 
stores of the State are received, collected, preserved, repaired, 
issued and distributed to the Alabama National Guard at the 
expense of the State, and the auditor shall draw warrant on 
the treasurer for all expenses incurred under this section on all 
bills regularly presented to and approved by the Governor. He 
shall receive a salary of eighteen hundred dollars ($1,800.00) 
per annum. He may also have as assistants to aid him in the 
discharge of his duties one assistant at a salary not exceeding 
one thousand and eighty dollars ($1,080.00) per annum, and 
one at, a salary not exceeding nine hundred dollars ($900.00) 
per annum, who shall be members of the Alabama National 
Guard, and shall perform the duties of property clerk and mili¬ 
tary store keeper, and such other duties as the adjutant general 
may require. All of whom shall be appointed by the adjutant 
general subject to the approval of the Governor. The adjutant 
general may employ one stenographer for his department who 
shall perform such duties as the adjutant general may require, 
who shall receive a salary of not exceeding nine hundred dollars 
($900.00) per annum. All salaries herein provided for shall be 
paid monthly in the same manner as the salaries of the other 
Slate officers are paid. 

Sec. 4. The adjutant general and the assistant adjutant 
general on duty in the adjutant general's office shall give bond 
as is now prescribed by law, and his assistants shall each give 
bond in a surety company in the amount of two thousand dollars 
($2,000.00), the bonds to be approved by the Governor and the 
premiums thereon to be paid by the State, the conditions of 
such bonds to be the same and as provided in section 8 of this 
act. 



748 


Sec. 5. Tlie adjutant general must, ten days before each 
session of the Legislature, report to the Governor the number 
and the condition of the Alabama National Guard and the 
number and condition of the public arms and accouterments 
of the State. He shall also make such recommendation as to 
needed legislation and for proper discipline and government of 
the Guard as he may deem proper. 

Sec. 6. The Governor of the State shall assign to the adju¬ 
tant general a suitable room or rooms in the capitol building 
for conducting therein the business of the adjutant general’s 
department of the State and this department shall be furnished 
with the necessary furniture, stationery, postage, lights, tele¬ 
graph and telephone service and other proper and necessary 
expenses, conveniences and clerical assistance in the same man¬ 
ner and way as is furnished to the other State departments. 

Sec. 7. The Governor shall appoint an officer of the Ala¬ 
bama National Guard as disbursing officer of Federal funds, 
who shall perform such duties and give such bonds as may be 
required and the premium on said bonds shall be paid by the 
State. He may also appoint a disbursing officer of State mili¬ 
tary funds, who shall receive and distribute such funds as are 
authorized by law, and perform such other duties as the adju¬ 
tant general may require. The State disbursing officer shall 
give bond in the amount of five thousand dollars ($5,000.00), 
the bond to be approved by the Governor and the premium 
thereon to be paid by the State. The conditions of such bond 
to be the same and as provided under section 8 of this act. He 
shall receive an annual salary of not exceeding seven hundred 
and eighty dollars ($780.00) to be paid in monthly installments 
from the special military appropriation upon approval of the 
Governor. 

Sec. 8. Any officers to whom any public military property 
is issued at any time or to whom any public money is paid or 
who disburses any such funds must be required to give bond in 
a surety company conditioned faithfully to perform the duties 
of his office, to use all necessary care in the safekeeping of 
military stores and property committed to his custody; to ac¬ 
count for the same and deliver to his successor or to any other 
person authorized to receive the same, all such military prop¬ 
erty, and to properly account for all public money received by 
him and for all money distributed; the bonds to be approved by 
the adjutant general and the premiums thereon to be paid bv 
the State. 



749 


Sec. 9. The books, accounts and vouchers of the adjutant 
general and all officers of the Alabama National Guard handling 
State and government monies and property shall be audited 
upon the direction of the Governor, in the same manner as the 
accounts of other State officers are audited. 

Sec. 10. The troops ordered into service as prescribed in 
this act for the enforcement of the law for the preservation of 
the peace or for the security of the rights or the lives of citizens 
or the preservation or protection of property shall be deemed 
to be in active service. Officers employed under orders of the 
Governor in making tours of instruction, inspection of troops, 
armories, storehouses, camp sites, rifle ranges and military 
property, sitting on general or regimental courts-martial, boards 
of examination, courts of inquiry or boards of officers, shall 
be deemed to be in active service when it is so specified in said 
orders; orders in every case shall specify if pay and travel are 
allowed and the expenses allowed. 

Sec. 11. Officers and enlisted men, when employed in the 
active service of the State, as defined and as provided in this 
act, beginning with the day they assemble at their armories 
or other designated places until the day they have returned 
thereto and been properly relieved inclusive, fractional parts 
of a day counting a full day; a day beginning immediately after 
midnight and ending the following midnight; shall receive pay 
and allowance at the following daily rates: Officers, major 
general, $12.00; brigadier general, $10.00; colonel, $8.00 ; lieu¬ 
tenant colonel, $7.00; major, $6.00; captain, $5.00; first lieu¬ 
tenant, $4.50; second lieutenant, $4.00; and in addition the cost 
of hire or rental of quarters and the cost of hire of one horse 
and one forage ration when required to be mounted when not 
furnished by the State; enlisted men, chief musician, $3.00; 
regimental sergeant-major, regimental quartermaster-sergeant, 
regimental commissary sergeant, first sergeant, principal musi¬ 
cian, $2.50; battalion sergeant-major, color-sergeant and drum- 
major, $2.25; company quartermaster, sergeants and cooks, 
$2.00; corporal and artificer, $1.75; musicians and privates, 
$1.50. Each enlisted man shall be entitled to one ration per 
day or commutation of same at actual cost of subsistence not 
exceeding 75 cents per day. The pay and allowances authorized 
by this section shall be paid out of the treasury on warrant of 
the auditor on organization pay rolls or vouchers for individuals 
as may be required, accompanied by copies of the orders author¬ 
izing service. Before payment pay rolls and vouchers shall be 
certified by the adjutant general and approved by the Governor. 



750 


Sec. 12. Officers and enlisted men employed in the adju¬ 
tant general’s office or in the military service and who re¬ 
ceive a salary from the State for such service shall not be en¬ 
titled to additional pay from the State for active service or 
active duty, but shall be entitled to actual cost of subsistence, 
quarters and proper expenses when serving under orders of the 
Governor beyond the limits of the city of Montgomery. 

Sec. 13. The provisions of the preceding section shall not 
prohibit an officer or enlisted man from receiving pay from the 
United States for participation in maneuvers, camps, field ser¬ 
vice or other service or duty. 

Sec. 14. Troops engaged in drill at their home stations or 
participating in any camps of instruction, camps or rifle prac¬ 
tice, practice marches, parades, reviews, or other public exer¬ 
cises or engaged in escort duty or in other duties not hereinbe¬ 
fore specified, shall be deemed to be on active duty and no 
expenses that may arise through such active duty shall be made 
a charge against the general fund of the State. 

Sec. 15. The Governor may authorize all or any part of the 
Alabama National Guard to participate in any parade, review, 
or other public exercise, or to serve for escort duty, and such 
expenses incidental thereto as he may authorize may be paid 
from the special military appropriation, and shall not be made 
a charge against the general fund of the State. 

Sec. 16. The several staff officers shall perform the same 
duties as nearly as the circumstances of the case will permit as 
are performed by like staff officers of the United States army, 
and any and all such duties as may be required of them by the 
commander-in-chief. It shall be the duty of the adjutant gen¬ 
eral to visit and inspect each company, troop, battery or other 
organization at least once each year and to report to the com¬ 
mander-in-chief on the condition of the arms and equipment and 
personnel of said organizations, and make such recommenda¬ 
tions as he thinks proper in regard thereto. Each commanding 
officer, unless excused by the Governor, must make or cause to 
be made an inspection of each unit of his command at least once 
a year and make reports through military channels of their 
conditions and needs to the Governor. 

Sec. 17. The field officers of each organization shall be 
elected by the field and line officers of such organizations by 
ballot or in such manner as may be determined upon by the 
Governor in his discretion, whose terms of office shall be con¬ 
tinuous and such officers shall not be removed except for cause 
due to mental or physical disabilities, or for conduct unbecom- 



751 


ing an officer, or gentleman, or for drunkenness, inefficiency, 
or neglect of duty. It shall be the duty of the adjutant general 
to report to the commander-in-chief from time to time as he 
may deem proper the condition, standing, demeanor and fitness 
of the officers hereinabove designated in this section and in the 
following section, and when from such report it becomes ap¬ 
parent to the commander-in-chief that any officer with the grade 
and rank designated in this or the following section, is for any 
cause unfit for service, it shall become his duty to appoint a 
board composed of three officers, one of such number to be a 
member of the medical corps to pass upon the mental and 
physical condition of such officer or officers, and it shall be 
the duty of such board to pass upon the conduct, standing and 
fitness of such officer or officers and to report their finding to 
the commander-in-chief with recommendations. Where said 
board recommends the removal of any officer, the commander- 
in-chief shall forthwith issue an order removing such officer 
from further service and revoke his commission unless it shall 
appear to the Governor that his retention would be for the good 
of the service. Whenever any vacancy shall occur from any 
cause in any field office, orders for an election to fill such 
vacancy shall be issued within thirty days after such vacancy 
occurs, and such election shall be held within sixty days after 
the issuing of said order. Each commanding officer shall with 
the approval of the Governor, appoint his staff officers, to be 
selected from members of his command, except that appoint¬ 
ments made by the Governor shall not be limited to members of 
any organization. All commissioned staff officers shall be com¬ 
missioned as in the case of other commissioned officers upon 
certificate of appointment by the commanding officer making 
said appointment, and shall hold office during the term of office 
of the officer making the appointment or at the pleasure of such 
officer. Provided, however, that any officer of the Alabama 
National Guard who has been retired according to law shall 
be eligible to appointment as a staff officer of a grade not higher 
than the grade in which such officer was retired. Provided 
further that any former or volunteer officer of the United States 
army shall be eligible to staff appointment. 

Sec. 18. The line officers of each company, troop or bat¬ 
tery shall be elected by the enlisted men thereof and whose 
term of office shall be the same and under like conditions as 
that of the field officers as provided for in section 17 of this 
act and who may be removed in a like manner for like cause. 
The noncommissioned officers of each company, troop, battery, 



752 


hospital corps detachment, field hospital, ambulance company 
or band shall be appointed by the regimental or separate bat¬ 
talion commander by the recommendation of the company, 
troop, battery, hospital corps detachment, field hospital, ambu¬ 
lance company or band commander, and shall hold office at the 
pleasure of such commander. 

Sec. 19. That upon the application of sixty-one or mere 
men liable for military duty, addressed to the adjutant general, 
setting forth the residence of the petitioners and that they de¬ 
sire to form a company, troop or battery, the Governor may, 
in his discretion, order an officer of the Alabama National 
Guard to organize a company, troop or battery, and said officer 
must superintend an election by ballot at a time selected by 
such officer. The officer selected to command such company, 
troop or battery must forthwith appoint from his enlisted men 
non-commissioned officers as provided for like organizations. 
All non-commissioned officers shall receive a certificate or war¬ 
rant of their grade signed by the commanding officer and coun¬ 
tersigned by the commanding officer of the regiment or sepa¬ 
rate battalion. 

Sec. 20. After a company, troop or battery is duly organ¬ 
ized, it must be assigned to duty as an organization of the 
Alabama National Guard and the officers commissioned, and 
the adjutant general shall, from the undistributed arms and 
equipment of the State, issue to the commanding officer of the 
organization, at the expense of the State, upon his giving satis¬ 
factory bond in a surety company for the safe custody, care 
and return thereof, suitable arms and equipment, and mav 
prescribe by general or special orders rules for the use and 
preservation thereof. 

Sec. 21. In commutation of the expense which each organi¬ 
zation of the Alabama National Guard bears in providing drill 
rooin and a safe place for the keeping of arms and ammunition 
and in defraying the expenses necessary and incident to the 
upkeep of the organization, there shall be allowed to the com¬ 
manding officer of each company, troop*, battery, hospital corps 
detachment, and field hospital per annum the following amount: 
To each company, troop, battery, hospital corps detachment, 
and field hospital $240.00 and to the commanding officer of 
each band the sum of $300.00 per annum, each to be paid quar¬ 
terly, provided that each company, troop or battery to be en¬ 
titled to draw said above named allowance shall have in attend¬ 
ance at least twenty-five uniformed privates and non-commis¬ 
sioned officers present at each muster (or such other number 



753 


as the Governor may designate); and shall also, bands, hospital 
corps detachments and field hospitals inclusive, keep in such 
state of efficiency as the Governor may deem necessary, to con¬ 
stitute an active military organization. There shall also be al¬ 
lowed for the expense of the headquarters of the brigadier gen¬ 
eral commanding $50.00 per annum; to each regimental com¬ 
mander $150.00 per annum; to each squadron or separate bat¬ 
talion commander, $50.00 per annum, payable quarterly. To 
secure such allowance for any quarter, the commanding officer 
must make affidavit before any person authorized to administer 
oath, that his organization, during time for which the allowance 
is claimed, was an active and efficient military organization. 
Such claims, so verified, shall be forwarded to the adjutant gen¬ 
eral. If after due consideration of the claim he shall be satis¬ 
fied that it is just, the Governor shall approve the claim and 
direct the auditor to draw his warrant for such amount in favor 
of the commanding officer aforesaid. A report must be made 
once each quarter to the Governor with the quarterly applica¬ 
tion as to how such money was expended, verified by vouchers 
showing evidence of payment of said money. Should the Gov¬ 
ernor disapprove of any expenditure made therein, it shall be 
deducted from the next quarterly payment. 

Sec. 22. The county commissioners, board of revenue or 
other governing body in each county are hereby authorized and 
empowered, in their discretion, to appropriate a sufficient sum 
not otherwise appropriated, to pay the necessary expenses of 
each company, troop, battery, hospital corps detachment, field 
hospital and band of the Alabama National Guard located in 
their respective counties, to be accounted for to the Governor 
in the same manner as previous funds. 

Sec. 23. The commanding officer of all organizations must 
order at least two drills or practice marches per month, to be 
known as musters, and the officers and members failing with¬ 
out good excuse to attend such musters shall be subject to a 
fine in the discretion of a court martial not exceeding ten dol¬ 
lars. 

Sec. 24. The commanding officer of a regiment, squadron 
or separate battalion, or the senior officer of the line present, 
when two or more companies, troops or batteries are stationed 
at the same place, may, not more than once each month, order 
a squadron or battalion drill, parade, practice march, field 
exercise or inspection, and any officer or man of the Alabama 
National Guard failing without good excuse to obey such order 
shall be fined in the discretion of a court martial not to exceed 



754 


twenty dollars, and in addition thereto may be dishonorably 
discharged and dismissed from the service of the State. 

Sec. 25. No military organization shall go out of the county 
in which it is stationed except by permission of the Governor; 
nor shall any military organization go out of the State except by 
permission of the Governor. 

Sec. 26. The commanding officer of a regiment, squadron 
or separate battalion may organize a band of musicians to be 
under his direction and command, who shall be subject to all 
rules and regulations and laws for the government of the Ala¬ 
bama National Guard, and they shall be mustered in as pre¬ 
scribed by this act for enlisted men, and shall be counted in the 
aggregate force. Each commanding officer may, in his discre¬ 
tion, disband such band and revoke the warrant of the band 
leader, on approval of the Governor. Each band, when duly 
organized, shall be entitled to receive in the same manner as 
companies three hundred dollars annually and payable quar¬ 
terly, provided that no band will be entitled to such allowance 
unless it shall consist of not less than twenty-one equipped and 
enlisted musicians and shall make and certify to two monthly 
musters with an attendance of not less than fifty per cent of its 
minimum strength. 

Sec. 27. That no officer or enlisted man shall be entitled to 
vote at any election for commissioned officers of the Alabama 
National Guard who has been absent from the four consecutive 
musters, next preceding said election, of the organization of 
which he may be a member, or to which he may have been de¬ 
tailed or assigned for duty by the Governor; provided that 
nothing in this section shall apply to field officers voting. 

Sec. 28. Upon the resignation, death or removal of any 
field officer or any vacancy occuring by reason of death, removal 
or resignation, or other cause, the Governor shall order an 
election to fill such vacancy, and the election shall be held 
under such rules and regulations as may be prescribed by the 
Governor not inconsistent with the provisions of this act, of 
which election at least fifteen days’ notice must be given to the 
commanding officers of such organizations in which election is 
to be held. A majority of the votes cast shall be necessary to 
elect in any election held under this section, and in the event 
there is a tie vote for any two officers, the adjutant general 
shall cast the deciding vote for such officer. All such elections 
must be held and returns thereof made within sixty days after 
the date of the Governor’s order for their holding. 



755 


Sec. 29. Whenever there shall occur a vacancy in the offi¬ 
cers of the line by reason of death, resignation or removal or 
any other cause, the Governor shall order such organization to 
elect such officer under such rules and regulations as may be 
prescribed by the Governor not inconsistent with the provisions 
of this act, and must give at least ten days’ notice of such elec¬ 
tion by orders published at the armory of said company, troop 
or battery where said election is to take place. The prevent 
fraud or confusion a time must be fixed when ballots will be 
received or counted after that hour. All such elections must be 
held and returns thereof made within thirty days after the date 
of the Governor’s order for their holding. A majority of the 
votes cast shall be necessary to elect in any election held under 
this section. 

Sec. 30. A certificate must be forwarded to the adjutant 
general of the State in the form, time and manner prescribed by 
orders, stating that such elections as are required by this Act 
were held in accordance with the order received, and the result 
thereof, and such certificate must be sworn to by the officer 
holding such election. 

Sec. 31. Upon being commissioned, officers shall provide 
themselves with proper uniform, arms and equipment as pre¬ 
scribed by regulations, and shall maintain same in a state of 
serviceable efficiency during their term of office. 

Sec. 32. The uniform or insignia of rank prescribed for the 
officers of the Alabama National Guard shall be worn only by 
persons entitled thereto by commission under the laws of the 
State or of the United States or of any other state of the United 
States. Any person violating any provision of this section shall 
be guilty of a misdemeanor and upon conviction shall be fined 
not more than one hundred dollars. 

Sec. 33. Any enlisted man may be transferred at his own 
request upon the approval of his commanding officer to any 
other company, troop, battery, hospital corps detachment, field 
hospital or band upon the approval of the commanding officer 
of such organization and upon the approval of the adjutant 
general. 

Sec. 34. Before becoming a member of the Alabama Na¬ 
tional Guard, every applicant must stand a physical examina¬ 
tion as set out in blanks furnished by the adjutant general for 
that purpose, said examination shall be made by a commissioned 
officer of the medical corps or by a regular practicing physician. 
A fee of twenty-five cents may be allowed for the examination 
of each applicant, payable from the general fund of the State 



756 


and the auditor shall draw his warrant on the treasurer for 
such fees on bills regularly presented to and approved by the 
Governor. 

Sec. 35. The term for enlistment in the Alabama National 
Guard shall be for a term of three years, and after standing the 
prescribed physical examination as set out in blanks furnished 
by the adjutant general for the purpose and if accepted the 
following oath must be administered by an officer of any com¬ 
pany, troop, battery, hospital corps detachment, field hospital, 
band or other organization: “I do solemnly swear that I will 
support the Constitution of the United States and of the State 
of Alabama and obey all lawful orders of my superior officers 
while I remain a member of the Alabama National Guard.’’ 
The said oath must he filed in the office of the adjutant general. 

Sec. 36. Any company, troop, battery, hospital corps de¬ 
tachment, field hospital or band of the Alabama National Guard 
may be disbanded in the discretion of the commander-in-chief 
upon a petition signed by a majority of the members of such 
organization, approved by the regimental squadron or separate 
battalion commander, or where the adjutant general or the 
commanding officer of any regiment, squadron or separate 
battalion reports that such company, troop, battery, hospital 
corps detachment, field hospital or band is inefficient and ought 
to be disbanded for the good of the service, or whenever a board 
of officers who shall be appointed by the Governor and consist 
of not less than three from such regiment, squadron or separate 
battalion shall report that it would be for the good of the ser¬ 
vice to disband such organization. The disbanding of any or¬ 
ganization shall vacate and revoke the commissions of all"offi¬ 
cers thereof. 

Sec. 37. The uniform of officers and enlisted men shall con¬ 
form in style and material to that of the United States army, 
excepting as follows: The collar ornaments of the uniform 
shall be the letters ALA. instead of U. S. 

Sec. 38. The Governor shall, whenever necessary designate 
a depository or depositories for the undistributed military prop¬ 
erty of the State, which depository or depositories shall be main¬ 
tained at the expense of the State. 

Sec. 39. All officers shall be commissioned by the com- 
mander-in : chief, and no person shall be commissioned in the 
Alabama National Guard who is not a citizen of this State. 
The Governor may, in his discretion, before a commission is 
issued, order an applicant for a commission up for examina¬ 
tion before an examining board who shall be appointed by the 



757 


Governor to consist of not less than three members, one of 
whom shall be a surgeon, who shall have the same power to 
compel the attendance of witnesses, administer oaths and take 
testimony as is possessed by general courts martial touching 
the applicant’s mental, moral and physical fitness, capacity, 
ability, general qualifications and knowledge of military laws 
and affairs, proportionate to the requirements of the office for 
which he has been selected. If such examining board shall 
report adversely to such applicant, he shall not be commissioned 
an officer. All persons who are graduates of educational insti¬ 
tutions in this State where military instruction is required and 
given and who are recommended to the Governor by the presi¬ 
dent of such institution as showing special aptitude for military 
service may be eligible for commission without mental examina¬ 
tion as second lieutenant in the Alabama National Guard. 

Sec. 40. The commander-in-chief may convene examining 
boards to determine the fitness of officers for promotion and 
also whenever to him it appears advisable, or upon request of 
any superior commanding officer, may order any officer before 
a board of examination as to his fitness for military service. 
If the report of such board is adverse to such officer, the Gov¬ 
ernor may declare his commission vacated and revoked. If any 
officer so ordered before a board shall neglect or refuse to 
appear, the commander-in-chief may, upon report to him, of 
such refusal or neglect, vacate and revoke the commission of 
the officer. The report of such examining board must be report¬ 
ed through military channels to the commander-in-chief. 

Sec. 41. Any non-commissioned officer may be reduced to 
the ranks by his regimental squadron or separate battalion com¬ 
mander upon the recommendation of his immediate command¬ 
ing officer. The report of such reduction and the reason there¬ 
for must be forwarded through military channels to the adju¬ 
tant general. 

Sec. 42. Any officer or enlisted man who cannot, after due 
diligence, be found, or who shall remove his residence from the 
State, or to such distance from the armory of his organization 
as to render it impracticable for him to perform military duty, 
or who shall be convicted of a felony, may be discharged by the 
commander-in-chief in his discretion, upon the request of his 
commanding officer. Discharges otherwise must and can only 
be made by the Governor upon the application of the member 
desiring to be discharged approved by the commanding officer 
of his organization, forwarded through military channels to the 
Governor for final approval, or as otherwise provided in this 
act. 



758 


Sec. 43. A military offense within the meaning of this act, 
includes any delinquency or violation of the laws, rules or reg¬ 
ulations, governing the militia or National Guard of this State 
as well as the laws or regulations governing the army, navy or 
marine corps of the United States, as far as applicable to the 
militia or national guard of this State. The offenses herein¬ 
after enumerated shall be defined as similar offenses are in the 
articles of war, laws and regulations governing the United 
States army. 

Sec. 44. Commissioned officers may be tried by court mar¬ 
tial for the following offenses, and on conviction thereof may 
be sentenced to be dismissed and shall thereby be incapacitated 
from holding any military commission : fined to an amount not 
exceeding one hundred dollars and cost of prosecution or repri¬ 
mand or to all or either of said fines and penalties. First: 
Conduct unbecoming an officer and a gentleman. Second: 
Drunkenness on duty. Third: Neglect of duty or leaving his 
post or command. Fourth: Disobedience of orders. Fifth : 
Oppression or persecution of any under his command. Sixth : 
Conspiracy or attempt to evade lawful orders or advising any 
person to do so. Seventh: Insult or disrespect to a superior 
officer in the line of military duty. Eighth: Making a false 
certificate, account, muster or return. Ninth : Conduct to the 
prejudice of good order and military discipline. Tenth : Em¬ 
bezzlement or misappropriation of military organization, Staff 1 
or government property or funds or the willful conversion of 
military organization, State or government property. Eleventh : 
Willfully disclosing or making improper use of a watch word 
or parol. Twelfth: Cowardice or desertion. Thirteenth: Wast¬ 
ing or destroying either intentionally or through negligence mil¬ 
itary organization, State or government property. Fourteenth : 
Any other violation of the laws, rules or regulations or orders 
governing the Alabama National Guard as well as the articles 
of war governing the United States army as far as is consistent 
with this act. 

Sec. 45. Officers may be tried by a court martial and fined 
not exceeding the sum of ten dollars and cost of prosecution for 
non-attendance or tardiness at any drill, parade, each day of 
encampment, inspection or any other military duty ordered 
by the proper authorities. Failure to pay such fine shall forfeit 
their commission in the discretion of the Governor. 

Sec. 46. Enlisted men may be tried by court martial for 
the following offenses: First: Wilful disobedience of orders. 
Second: Disrespect to superiors. Third: Mutiny. Fourth: 



759 


Desertion. Fifth : Drunkenness on duty. Sixth : Making false 
report or certificate. Seventh : Fraudulent enlistment. Eighth : 
Conduct prejudicial to good order and military discipline. 
Ninth: Violation of any provision of the military Code or rule 
or regulation of the Alabama National Guard. On conviction 
such enlisted man may be sentenced to be dishonorably dis¬ 
charged with loss of time served, reduction to rank in case of 
non-commissioned officers, or fined to an amount not exceeding 
fifty dollars and the cost of prosecution, or to any or all of 
said fines and penalties. Failure to pay such fine shall subject 
the accused to dishonorable discharge in the discretion of the 
Governor. 

Sec. 47. Enlisted men may be tried by court martial or 
summary court for the following offenses: First: Absence with¬ 
out leave or tardiness of any drill, parade, encampment, meet*- 
ing for instruction or other military duty ordered by competent 
authority. Second: Disobedience of orders. Third: Neglect of 
duty. Fourth : Absence from instruction. Fifth : Injuring or 
destroying uniforms, arms, equipment, or other company, state 
or government property. Sixth: Wearing the same when not 
on duty without permission of the commanding officer. Seventh : 
Conduct unbecoming a soldier or prejudicial to good order or 
military discipline. Eighth: Disrespect to superiors. On con¬ 
viction any enlisted man may be sentenced to be dishonorably 
discharged, reprimanded, reduced to ranks or fined not exceed¬ 
ing twenty dollars and cost of prosecution, or to any or all of 
said fines or penalties. Failure to pay such fine shall forfeit 
membership and subject him to be dishonorably discharged in 
the discretion of the Governor. When any enlisted man has 
been tried by a court martial and found guilty of any offense 
enumerated in this act, the court may, in its discretion, in addi¬ 
tion to any other punishment prescribed by this act also order 
that he be confined in the county jail for a period not exceeding 
thirty days. If an article of public property be lost or damaged 
by the neglect of any officer or enlisted man, he shall pay the 
value thereof or the cost of repairs at such rates as may be 
determined by a survey of the property. The proper officer 
shall be authorized to enter on the pay roll the stoppage against 
the pay of any enlisted man who loses or damages any public 
property. The amount of said stoppage not exceeding the value 
of said lost property or the cost of repairs at such rates as may 
be determined by a survey of the said property, and he shall 
be informed at the time of signing the pay roll that his signature 
will be regarded as an acknowledgment of the justice of the 
charge. 



760 


Sec. 48. Tlie military courts of this State shall be: First: 
Court of inquiry. Second : General court martial. Third : Reg¬ 
imental court martial. Fourth: Summary court. Courts of 
inquiry to consist of from one to three officers, may be insti¬ 
tuted by the commander-in-chief for the purpose of investigating 
the conduct of any officer or any facts made the subject of mili¬ 
tary complaint. Such courts of inquiry shall, without delay, 
report a statement of facts and when required the evidence 
adduced and opinion thereon to the commander-in-chief, who 
may, in his discretion, thereupon order a court martial for the 
trial of the officer or officers whose conduct has been inquired 
into. General courts martial shall he ordered by the commander- 
in-chief, and shall consist of not less than five nor more than 
fifteen officers and a judge advocate, but at all times the court 
‘should be of a grade at least equal to that of the accused, if 
practicable. Such courts shall have jurisdiction in all cases 
arising under the military laws, rules, regulations or orders in 
force in this State, and may inflict any punishment authorized 
by the provisions of this act. Regimental courts martial to 
consist of three officers, any two of whom shall constitute a 
quorum, and a judge advocate, shall be appointed by the com¬ 
manding officer of the regiment, squadron or separate battalion, 
upon the approval of the Governor, for the trial of officers or 
enlisted men of his command. The jurisdiction of a regimental 
court martial shall extend to all military offenses, but it shall 
not inflict a punishment exceeding a fine of fifty dollars besides 
the cost of prosecution and dishonorable discharge or loss of 
time served or thirty days in jail; all or either of which or any 
part thereof, the court may impose in its discretion. Summary 
courts to consist of one officer for the trial of enlisted men are 
hereby established. Their jurisdiction shall extend to all of¬ 
fenses cognizable before regimental courts martial, and they 
shall have power to inflict punishment not exceeding a fine of 
ten dollars and cost of prosecution or dishonorable discharge 
or loss of time served or five days in jail, or any or all of the 
above penalties or punishments at the discretion of the conrt. 
Each officer second in rank and present for duty in any military 
organization shall constitute a summary cburt All laws, rules 
and regulations of the United States army relating to courts 
martial and the trial and punishment of military offenses shall 
apply to and in all things govern the militia and National 
Guard of this State when in active service in time of war, insur¬ 
rection, riot or public danger, and otherwise they shall be en¬ 
forced as far as is consistent with this act. The proceeds of all 



761 


fines shall be paid to the commanding officer of the military 
organization of which the accused is a member, and if the ac¬ 
cused is a regimental officer or non-commissioned officer, to the 
commanding officer of such regiment for the benefit of the mili¬ 
tary fund of such organization. 

Sec. 49. No findings of any court martial or summary 
court shall be executed until approved by the commander-in- 
chief, and whenever the findings of the court martial or sum¬ 
mary court are so approved the commander-in-chief shall cause 
the proper orders to be issued to the sheriff of the proper county 
to carry the findings of the court into effect, and such courts 
martial and summary court shall have authority to issue writs 
of arrest directed to the sheriff of any county to arrest and 
bring before such court any member of the National Guard 
against whom charges are pending in said court. 

Sec. 50. All expenses incurred in court martial proceedings 
including the payment of one stenographer, sheriff’s fees for 
service of complaints, warrants, summonses and subpoenas, and 
witnesses shall be allowed the same fees as in criminal cases 
and the same shall be paid together with officers and judge advo¬ 
cate of the court by warrant on the auditor upon approval of the 
Governor. The proceedings of all courts martial shall be in ac¬ 
cordance with the United States army regulations or customs 
of the service prevailing in the United States armies. Courts 
martial may subpoena any witness residing within one hundred 
miles of the place where the court is sitting to appear and testi¬ 
fy before it, and the sheriff on receiving any subpoena issued 
by direction of a court martial and signed by the judge advocate 
thereof or by the officer holding a summary court shall make 
service and return of service as provided by law in criminal 
cases. 

Sec. 51. The employment of a stenographic reporter may 
be authorized by the convening authorities for all general or 
regimental courts martial. When a reporter is employed, he 
shall be paid on the certificate of the judge advocate upon ap¬ 
proval of the Governor from the general funds, such sum, not 
exceeding one dollar per hour for the time occupied in court by 
himself or a competent assistant and ten cents per hundred 
words for transcribing the notes and five cents per hundred 
words for copying exhibits and two cents per hundred words 
for the carbon copy as may be approved by the Governor. 

Sec. 52. Any officer or enlisted man of the Alabama Na¬ 
tional Guard, or of the United States army detailed for duty 
with the Alabama National Guard, traveling in obedience to the 



762 


orders of the Governor on military business shall be paid all 
actual necessary expenses incurred in the performance of such 
duty, and the Governor shall prescribe rules and regulations 
for the presentation, verification and payment of all expenses 
authorized by this act, and upon his direction in writing to the 
State auditor, he shall draw his warrant in favor of such person 
for the amount due him as approved by the Governor. 

Sec. 53. The surgeon of the brigade and of each regiment, 
squadron or battalion, may purchase with the approval of the 
commander-in-chief, at the expense of the State, which must be 
approved prior to said purchase, all necessary medicines, band¬ 
ages, surgical instruments, etc., that may be necessary for the 
proper taking care of the troops while in actual service and 
for the expenses so incurred each surgeon shall file his claim 
with the adjutant general within three weeks of the accrual of 
such expenses, and the State auditor shall at once draw a war¬ 
rant on the treasurer for the payment of same. 

Sec. 54. Every officer or enlisted man of the Alabama Na¬ 
tional Guard is exempt from poll tax, road duty, street tax and 
jury duty during his active membership, any local or special 
laws to the contrary notwithstanding. The commanding officer 
of each company, troop, battery, hospital corps detachment, 
field hospital or band shall furnish each member of his command 
with a certificate of membership as may be prescribed by the 
adjutant general, signed by such commanding officer, which 
shall be accepted as proof of exemption as provided by this sec¬ 
tion by any court. Such certificate shall be revoked whenever 
the holder is absent from four consecutive drills or parades 
without satisfactory excuse, and which shall be good only for 
the calendar month of which it bears date. The commanding 
officer of a regiment, squadron or‘separate battalion shall fur¬ 
nish a similar certificate to each member of his staff and non¬ 
commissioned staff. 

Sec. 55. The commanding officer of troops in camp or in 
other active service may establish a guard house. In such guard 
house he may incarcerate any member of his command and any 
civilian guilty of drunkenness, breach of peace or disorderly 
conduct in camp or within one-eighth of a mile of the camp or 
station of such troops. The commanding officer may cause the 
removal from the camp or station and the grounds within one- 
eighth of a mile thereof of any drunk, disorderly or disreputable 
person. If such person returns within the above limits without 
the permission of the commanding officer, or if he resists re- 



763 


moral he may be confined in the guard house until he may be 
turned over to a civil officer. 

Sec. 56. The commanding officer shall prevent the sale or 
giving away of any spirituous, vinous or malt liquors within the 
camp or station or within one-eighth of a mile thereof. He 
may use any part of his command for the proper police of his 
camp for the enforcement of order and discipline. 

Sec. 57. When any part of the Alabama National Guard is 
in active service by order of the Governor or other civil magis¬ 
trate to aid in the enforcement of the laws, the commanding 
officer of such troops may order the closing of any place where 
intoxicating liquors, arms, ammunition, dynamite or other ex¬ 
plosives are sold, and forbid the selling, bartering, lending or 
giving away of any of said articles so long as any of the troops 
remain on duty in the city, town or village or vicinity where 
such place may be located, whether any civil officer has forbid¬ 
den the same or not, and the commanding officer of such troops 
may continue the prohibition in force until the departure of 
the troops, although the sheriff, mayor or intendent of the 
county, city, town, or village may have prescribed an earlier or 
different date at which such selling, bartering, lending or giving 
away shall be carried on. 

Sec. 58. The Governor may annually order into service the 
whole or any portion of the Alabama National Guard as he 
may deem proper for the purpose of perfecting them in military 
discipline and drill, the period of such service to be fixed by the 
Governor. When so ordered into the service the State shall 
furnish rations for the officers and men the same as the rations 
furnished the regular army and pay such expenses of said 
encampment as the Governor may deem proper, including the 
traveling expenses of officers and men incurred in obeying such 
orders. All saving in such rations shall go into the regimental, 
squadron or separate battalion fund. 

Sec. 59. Whenever any part of the Alabama National 
Guard is called into active service of the State for any purpose 
whatever, the commanding officer may force the attendance of 
officers and men, and any officer failing to report when ordered 
or any enlisted man failing to report without satisfactory excuse 
to be judged by a court martial shall be deemed and treated as 
a deserter and arrested and delivered to the commanding officer 
at the expense of the State. 

Sec. 60. Whenever any portion of the Alabama National 
Guard is ordered into the active service of the State for any 
purpose whatever, officers and men so ordered shall, during 



764 


such time, be governed by the articles of war, the rules and 
regulations of the United States army then in force, so far as 
it is consistent with the Constitution of this State. 

Sec. 61. Any company ordered into camp for the purpose 
of perfecting it in military drill or discipline and failing to 
attend such camp or attending with less than forty members, 
shall, unless excused by the commanding officer of the regiment, 
squadron or separate battalion, with the approval of the Gov¬ 
ernor, forfeit all rights to any quarterly allowance for the rest 
of the year including such as may then be due and unpaid, and 
any company, troop, battery, hospital corps detachment, field 
hospital or band, failing without satisfactory excuse to be 
judged by the Governor to attend two consecutive encampments, 
shall be disbanded. 

Sec. 62. When the organized military forces of the State 
shall consist of as much as a division, they shall be so organized, 
and the major general commanding the same, together with such 
other general officers thereof as may be in accordance with the 
regulations of the United States army, shall be appointed by the 
Governor from the officers of the Alabama National Guard with 
the advice and consent of the Senate, and such general officers 
shall have and exercise the rights, powers, duties and authori¬ 
ties of similar officers of the United States armies, so far as 
is consistent with the laws of this State. When the organized 
military forces of the State shall consist of as much as a brigade, 
they shall be so organized, and a brigadier general shall be 
appointed by the Governor from the officers of the Alabama 
National Guard, with the advice and consent of the Senate, 
to command same, and such general officer shall have and exer¬ 
cise the rights, powers, duties and authority of officers of like 
grade and rank in the United States army, so far as is con¬ 
sistent with the laws of this State. The term of office of said 
general officers shall he four years. Vacancies in said offices 
caused by death, resignation or removal while the Senate is not 
in session, shall be filled by appointments by the Governor. 
Such general officers shall, with the approval of the Governor, 
appoint their staff which shall be as provided for like organiza¬ 
tions in the United States army and which shall be appointed 
or detailed in like manner. 

Sec. 63. The necessary expense for books, blanks, station¬ 
ery, clerical assistance and the traveling expenses of the briga¬ 
dier general and members of his staff, when authorized and ap¬ 
proved by the Governor, shall be paid upon warrants of the 
State auditor and upon itemized accounts certified to by the 
brigadier general and his staff. 



765 


Sec. 64. Every person other than an officer or enlisted man 
of this State or of any other State or of the United States army, 
navy, marine corps, or revenue service, who wears the uniform 
of the United States army, navy, marine corps or revenue service 
or National Guard or any part of such uniform or a uniform or 
part of a uniform similar thereto or in imitation thereof within 
the bounds of the State of Alabama, is guilty of a misdemeanor, 
and if found guilty of such offense shall be punished by a fine 
of not less than five dollars and not more than two hundred 
and fifty dollars, or by imprisonment in the county jail not ex¬ 
ceeding sixty days, or by both such fine and imprisonment; pro¬ 
vided, that nothing in this act shall be construed as prohibiting 
persons of the theatrical profession from wearing such uniform 
in any playhouse or theatre while actually engaged in such 
profession, and provided that nothing in this act shall prohibit 
the uniform rank of civic societies parading or traveling in a 
body or assembling in a lodge room; provided further, that 
whenever the National Guard or a part thereof is in actual 
service, no civic organization or member thereof shall parade or 
appear in uniform in the locality where said National Guard is 
in service; and provided further, that this section shall not ap¬ 
ply to cadets or any military school or to the Boy Scouts. 

Sec. 65. The clothes, arms, military outfit and accouter¬ 
ments furnished by or through the State to any member of the 
militia shall not be sold, bartered, loaned, exchanged, pledged 
or given away, and no person not a member of the military 
forces of this State or the United States, or duly authorized 
agent of this State or the United States who has possession of 
such clothes, arms, military outfits or accouterments so fur¬ 
nished and which have been the subject of any such unlawful 
disposition, shall have any right, title or interest therein, but 
the same shall be seized and taken wherever found by anv civil 
or military officer of the State and shall thereupon be*deliv- 
ered to any commanding officer or other officer authorized to 
receive the same, who shall make an immediate report to the 
adjutant general. The possession of any such clothes, arms, 
military outfits or accouterments by any person not a member 
of the military forces of this State or any other State or of the 
United States shall be presumptive evidence of such sale, barter, 
loan, exchange, pledge or gift. 

Sec. 66. Any person who shall sell, or offer for sale, barter 
or exchange, pledge, loan or give away, secrete or retain after 
demand made by civil or military officers of the State, any 
clothes, arms, military outfits or accouterments furnished bv or 



766 


through the State to any member of the Alabama National 
Guard, or who shall receive by purchase, barter, exchange, 
pledge, loan or gift, any such clothes, arms, military outfits or 
accouterments, shall be guilty of a misdemeanor, and upon con¬ 
viction shall be punishable by a fine of not exceeding one hun¬ 
dred dollars or by imprisonment not exceeding six months, one 
or both at the discretion of the court. 

Sec. 67. That any proprietor, manager or employee of any 
theater or any other public place of entertainment or amuse¬ 
ment within this State who shall discriminate against any per¬ 
son lawfully wearing the uniform of the United States or the 
Alabama National Guard because of that uniform, shall be 
guilty of a misdemeanor, and upon conviction thereof shall be 
punished by a fine not to exceed fifty dollars. 

Sec. 68. Whenever any officer or enlisted man has served 
ten years in the aggregate in the Alabama National Guard, he 
may, upon application to the Governor, be retired from active 
service and placed on the retired list without pay or allowance. 
When any officer has reached the age of sixtv-two, he may, at 
the discretion of the Governor, be so retired and placed on the 
retired list. When any officer reaches the age of sixty-four he 
shall be retired and placed on the retired list. Officers and 
enlisted men of the retired list may wear, on appropriate occa¬ 
sions, the uniform prescribed for the highest grade attained by 
them during their active service, the uniform to be without 
corps, department, regimental or company designation. Any 
officer or enlisted man who has heretofore been honorably dis¬ 
charged after ten years’ service may be placed upon the retired 
list upon his own application. 

Section 69. If any part or provision of any section of this 
act shall be declared unconstitutional, said unconstitutionally 
shall not affect or destroy any other part, or provision or any 
other section of this act. 

Sec. 70. That all laws and parts of laws in conflict with the 
provisions of this act be, and the same are hereby repealed. 

Approved September 23, 1915. 


No. 696.) (H. 770—Hudson. 

AN ACT 

To appropriate the sum of seven thousand four hundred and fifty-six and 
seven one-hundredths ($7,456.07) dollars to pay for the transportation 
of troops of the Alabama National Guard heretofore transported by 
railroad common carriers on the request or order of the Governor or 
adjutant general. 



767 


Section 1 . Be it enacted by the Legislature of Alabama. 
That there is appropriated the sum of seven thousand four hun¬ 
dred and fifty-six and seven one-hundredtlis ($7,456.07) dollars 
for the purpose of paying the accounts of railroad common car- 
riors for transportation of troops of the Alabama National 
Guard heretofore transported by such carriers on the order or 
request of the Governor or Adjutant General. 

Sec. 2. That upon presentation to the State auditor by the 
agent of a railroad common carrier of its bill or account ap¬ 
proved, in writing, by the adjutant general for the transporta¬ 
tion of troops of the Alabama National Guard heretofore trans¬ 
ported upon the order or request of the Governor or Adjutant 
General, the auditor shall draw his warrant on the treasurer in 
favor of such carrier for the amount of such bill or account, 
and such warrant shall be paid by the treasurer out of the 
money hereby appropriated. 

Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti- 
tue a commission whose duty it shall be to ascertain how much 
is due and shall make an award in writing to the Governor as 
to the amount so due and the said Governor shall in writing 
order the State auditor to draw his warrant upon the State 
treasurer for the amount as ascertained to be due and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 29, 1915. 


No. 697.) (H. 866—Smith of Crenshaw. 

AN ACT 

To amend sections three, ten and eleven of an act approved March 9. 1911, 
to provide for and regulate the manufacture and sale of “Commercial 
Feeding Stuffs” in Alabama; to further provide for the registration, 
tagging, sampling and analyzing commercial feeding stuffs; and to fix 
penalties for violations of this act. 

Be it enacted by the Legislature of Alabama : 

That sections three, ten and eleven of an act approved March 
9, 1911, “to provide for and regulate the manufacture and sale 
of “commercial feeding stuffs” in Alabama; to further provide 
for the registration, tagging, sampling and analyzing “com- 



768 


mercial feeding stuffs;” and to fix penalties for violations of 
this act,” be amended so as to read as follows: 

Sec. 3. Before any manufacturer, importer, jobber, firm, 
association, corporation or person shall sell, offer or expose for 
sale or distribution in this State any commercial feeding stuff, 
he or they shall file with the commissioner of agriculture and 
industries a certified copy of the statement specified in section 
two of this act for each brand of commercial feeding stuff, said 
certified copy to be accompanied by a fee of two dollars for each 
brand offered for registration, and it is further provided that 
said brand shall be registered each fiscal year, and that the 
guaranteed analysis of no brand be lowered during the fiscal 
year for which same is registered or any subsequent registration 
unless the brand name is changed. 

Sec. 10. Any manufacturer, importer, jobber, firm, asso¬ 
ciation, corporation or person who shall sell, offer or expose for 
sale, or distribute in this State, any commercial feeding stuffs 
without having attached thereto or furnish therewith such tax 
stamps, labels, or tags as required by the provisions of this act, 
or who shall use the required stamps, labels or tags a second 
time, or use a counterfeit of such tax stamps, labels or tags, or 
who shall impede, obstruct, hinder, or otherwise prevent or at¬ 
tempt to prevent said commissioner of agriculture and indus¬ 
tries, or who shall sell, offer or expose for sale or distribute in 
this State any commercial feeding stuffs as defined in section 
one of this act without complying with the requirements of the 
provisions of this act, or who shall sell, offer or expose for sale 
or distribute in this State any commercial feeding stuffs as 
defined in section one of this act which contains a smaller per 
centum of crude protein or crude fat, or a larger per centum 
of crude fibre than is certified to be contained therein, or who 
shall fail to properly state the specific name of each and every 
ingredient used in its manufacture, shall be guilty of a misde¬ 
meanor, and upon conviction thereof shall be fined not more 
than five hundred dollars ($500) for the first violation and not 
less than five hundred ($500) for each subsequent violation, and 
may also be imprisoned in the county jail for a period not ex¬ 
ceeding six months. Any manufacturer, importer, jobber, firm, 
association, corporation or person who shall adulterate any 
commercial feeding stuffs with cob meal, rice hulls, peanut 
hulls, or any substance or substances injurious to the health of 
live stock or poultry shall be guilty of a misdemeanor and in 
addition to the penalty provided in this section, the lot of feed 
stuffs shall be subject to seizure, condemnation and sale as the 



769 


court may direct; the proceeds from such sale to be covered 
into the State treasury. The court may in its discretion release 
the feeding stuffs so seized when the requirements of the provi¬ 
sions of this act have been complied with, and upon payment of 
all the costs and expenses incurred by the State in any proceed¬ 
ings connected with seizure. 

Sec. 11. The commissioner of agriculture and industries is 
hereby empowered to enforce the provisions of this act and to 
prescribe the forms of tags, stamps or labels to be used to show 
that the tag or stamp tax or fee has been paid; but no stamp, 
tag or label shall be used or authorized by him until and after 
the same has been copyrighted according to the laws of the 
United States Patent Office. And he shall prescribe and en¬ 
force such rules and regulations relating to the sale of commer¬ 
cial feed stuffs as he may deem necessary to carry out the pro¬ 
visions of this act and, in order to carry into effect the full in¬ 
tent and meaning of this act, the commissioner of agriculture 
and industries is hereby authorized to appoint a special food, 
drug and feed clerk, at a salary of eighteen hundred dollars per 
annum, two pure food and drug inspectors who shall receive a 
salary of one hundred dollars each, per month and who shall be 
allowed actual traveling and necessary expenses not to exceed 
one hundred dollars per month, and whose duties shall be, in 
addition to inspecting pure foods and drugs and collecting 
samples and looking after such other matters as he may be re¬ 
quired to under the provisions of this act, shall also when re¬ 
quested or directed by the commissioner of agriculture and 
industries inspect and collect samples of fertilizer or fertilizer 
materials or ingredients and all other such duties as may be 
required of them by the commissioner of agriculture and indus¬ 
tries in the department of agriculture and industries or any 
part or branch thereof. The salary of the special pure food, 
drug and feed clerk and each of said two inspectors and all ex¬ 
penses incurred in enforcing the provisions of this act shall be 
paid out of the funds arising from the registration, from the 
sale of tags or stamps and tines under this act. All monies 
arising under the provisions of this act shall be payable to the 
commisioner of agriculture and industries and shall be by him 
paid daily into the State treasury, and the salaries and expenses 
incurred shall be paid as other salaries and expenses are paid in 
the department of agriculture and industries. 

Approved September 29, 1915. 


25 GA 



770 


No. 698.) (H. 1025—Fite of Tuscaloosa. 

AN ACT 

To amend section 3485 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama: 

That section 3485 of the Code of Alabama of 1907 be and 
the same is hereby amended so as to read as follows: 3485.— 
Mining, manufacturing, and quarrying corporations may ac¬ 
quire or condemn rights of way, tunnels, subways, etc.—Min¬ 
ing, manufacturing, power and quarrying companies may ac¬ 
quire by condemnation lands for ways and rights of way for 
railways, tramways, canals, aqueducts, tunnels, underground 
passages, and roads whereby to connect any part of their lands, 
or works, with their principal place of business, or with any 
public road, railroad, or navigable waters, or with their mines 
on other lands, not exceeding one hundred feet in width through¬ 
out the length of such railways, tramways, canals, aqueducts, 
tunnels, underground passages, or roads: “and may acquire by 
condemnation lands on the bank of or adjoining any navigable 
waters, not exceeding in area ten acres for the erection of public 
wharves, piers, or landings, and warehouses, depots, storage, 
loading or unloading places.” And only a reasonable toll or 
charge, to be fixed by the railroad commission of Alabama, shall 
be made for the use of such public wharves, piers or landings, 
and warehouses, depots, storage, loading or unloading places. 
“Provided, no proceedings for the condemnation of lands under 
this section shall be entered under this section until the ap¬ 
proval of the railroad commission is first obtained.” “And 
provided, further, that no action can be instituted under the 
provisions of this section for the condemnation of any lands 
within the curtilage of any private residence.” 

Approved September 25, 1915. 


No. 699.) 


AN ACT 


(H. 943—Laverty. 


To provide a mode whereby cities in the State of Alabama, which shall have 
heretofore adopted or may hereafter adopt a commission form of gov¬ 
ernment as authorized by law, may after an election upon such question, 
abandon such commission form of government and return to the alder- 
manic form of government as the same existed therein at the time of 
adoption of such commission form of government. 



771 


Section 1. Be it enacted b\j the Legislature of Alabama , 
That all cities in the State of Alabama which may have hereto¬ 
fore adopted a commission form of government, upon the pres¬ 
entation of a petition signed by a number of the qualified elec¬ 
tors of said city as will equal three voters of every hundred 
inhabitants or fractions thereof according to the Federal cen¬ 
sus of 1910 or any Federal or municipal census hereafter taken, 
residing in such cities, to the judge of probate of the county in 
which such city is located, asking that the proposition of aban¬ 
doning the commission form of government be submitted to the 
qualified voters of said city, the judge of probate shall examine 
such petition and determine whether or not the same is signed 
by the requisite number of the qualified electors of such city to 
authorize an election in such city for the purpose of abandon¬ 
ing said commission form of government; and if such probate 
judge shall find that said petition contains the requisite number 
of electors to authorize such election, he shall, within ten days 
from the receipt of said petition, certify such fact to the presi¬ 
dent of the board of commissioners of said city in which such 
election is so petitioned, and the certificate of the judge of pro¬ 
bate as to the sufficiency of said petition shall be final. The 
president of the board of commissioners of said city shall imme¬ 
diately upon the receipt of such petition from the probate judge, 
by proclamation submit the question of abandoning the com¬ 
mission form of government, at a special election to be held 
at a time specified therein, within 40 days after the receipt of 
said certificate from said probate judge. If said plan of aban¬ 
doning the commission form of government is not adopted after 
said special election called, the question of abandoning said 
plan cannot be resubmitted to the voters of said city within two 
years thereafter, and then the question to abandon the said plan 
may be resubmitted in the manner above provided. At such 
election the proposition to be submitted shall be: “Shall the 
proposition to abandon the commission form of government in 

the city of.and return to the aldermanic 

form of government as it existed in said city at the time said 
commission form of government was adopted, be adopted?” 
The following shall be the form of ballot, which words shall 
be printed in plain type on separate slips namely: “Shall the 
proposition to abandon the commission form of government in 

the city of.and return to the aldermanic 

form of government as it existed in said city at the time said 
commission form of government was adopted, be adopted?” 
Yes.. No. The voter shall mark his 







772 


ballot with a cross mark before or after the word which ex¬ 
presses his choice. No other proposition shall be submitted to 
the voters of said city upon this ballot. The election thereupon 
shall be conducted, the vote canvassed and the result declared 
in the manner provided by law, for other city elections, and if 
the majority of the votes cast shall be in favor of such proposi¬ 
tion, then the provisions of the general municipal law as the 
same existed prior to and at the time of the adoption of the 
commission form of government in said city shall be adopted 
and the president of the board of commissioners of said city 
shall transmit to the Governor of Alabama, to the secretary of 
State and to the judge of probate of the county each a certificate 
stating that such proposition was adopted by said city. 

Sec. 2. The Governor shall, within thirty days after receiv¬ 
ing notice of the results of said election, appoint a mayor and 
the requisite number of aldermen who shall reside within the 
territorial limits of such city, and who shall possess the qualifi¬ 
cations prescribed by law for such city, and who shall hold 
office thereafter until their successors are elected and qualified 
in the manner now or hereafter prescribed by law, and such 
officers so appointed shall hold office until the next regular 
election and until their successors are qualified. 

Sec. 3. As soon as such mayor and aldermen shall have 
been appointed and shall qualify and enter upon the duties of 
their office, then such city shall become and be organized under 
the general municipal laws of Alabama, free from and inde¬ 
pendent of any of the terms or provisions or any of the commis¬ 
sion form of government laws otherwise applicable thereto. 

Sec. 4. The mayor and aldermen of said city shall possess 
and exercise all the pow'ers and authority, legislative, executive 
and judicial, possessed and exercised by municipal corporations 
of such population which may never have been organized under 
commission form of government law. 

Sec. 5. Such city shall continue its organization as a body 

corporate under the name of the city of. 

(inserting the name of said city). It shall continue to be sub¬ 
ject to all the duties and obligations then pertaining to or in¬ 
cumbent upon it as a municipal organization and shall con¬ 
tinue to enjoy all rights, immunities, powers and franchises 
then enjoyed by it, as well as those that may thereafter be 
granted to it. All laws governing such city and not inconsistent 
with the provisions of this act shall apply to and govern said 
city after it shall have become organized under the aldermanic 
form as hereby provided. All by-laws, ordinances, and resolu- 




773 


tions lawfully passed and enforced in said city under its former 
organization shall remain in force until altered or repealed as 
authorized by law. The territorial limits of said city shall 
remain the same as under its former organization, except that 
it shall be divided into wards in the manner provided for by 
law, and all rights, powers and privileges of every description 
which were vested in it shall vest in it under the organization 
herein provided for as though there had been no change in the 
organization of said city and no right or liability either in 
favor of it or against it, and no suit or prosecution of any kind 
shall be affected by such change unless otherwise expressly 
provided for by the terms of this act. All employees of said 
city and all officials except those whose terms of office are 
abolished by this act shall continue in office until but only until 
otherwise provided by the mayor and aldermen of said city, 
but the office of commissioner and the office of board of com¬ 
missioners and the office of president of board of commission¬ 
ers be and they are severally abolished upon the appointment 
and qualification of the mayor and aldermen, in pursuance of 
the election herein provided for. 

Sec. 6. Every city abandoning the commission form of 
government and returning to the aldermanic form as authorized 
herein shall be governed and managed by the mayor and alder- 
fen of said city in all respects as provided for by law, and as 
such shall possess all the powers and perform all the duties and 
obligations now or hereafter conferred upon the mayor and 
aldermen in cities in the State of Alabama. That this act shall 
not apply to cities having a population of 35,000 or more ac¬ 
cording to the last or any subsequent Federal census. 

Approved September 25, 1915. 


No. 700.) (H. 1599—Davis. 

AN ACT 

To authorize the construction of a dam in the Mulberry Fork of the War- 
rior river at or near Sanders Ferry in Walker county. 

Be it enacted by the Legislature of Alabama: 

Section 1. That Henry T. DeBardelaben, Eugene Fies and 
John London, or a corporation to be organized by them for this 
purpose, is hereby authorized to build and maintain a dam for 
the improvement of navigation in the Mulberry Fork of the 
Black Warrior river at or near Sanders Ferry in Walker coun- 



774 


ty, provided the location and plans thereof are submitted to and 
approved by the United States chief of engineers and the secre¬ 
tary of war. 

Sec. 2. That the beneficiaries of this power shall have the 
right of eminent domain conferred by chapter 79 of the Code of 
Alabama to be exercised as therein provided. 

Approved September 25, 1915. 


No. 703.) 


(H. 1482—Yarbrough. 


AN ACT 

To amend sections 541, 543, 544 and 545 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama . 

That sections 541, 543, 544 and 545 of the Code of Alabama 
be so amended as to read as follows: 541. (1707) Powers and 
duties of the board.—For the protection of life and health, to 
prevent the spread of contagious diseases, and to regulate the 
practice of embalming and the care and disposition of the dead, 
the board shall have the power and it shall be its duty—1. To 
prescribe a standard of efficiency as to the qualification and 
fitness of those persons who may engage in the practice of em¬ 
balming and the care and disposition of dead human bodies. 

2. To meet at least once in each year, and oftener as the 
proper and efficient discharge of its duties may require. 

3. To elect annually a president and secretary from the 
members of the board, who shall serve for one year, or until 
their successors shall be elected and qualified. 

4. To adopt a common seal. 

5. To adopt rules and regulations and by laws not incon¬ 
sistent with the laws of this State or of the United States, 
whereby the performance of the duties of the board and the 
practice of embalming dead human bodies shall be regulated. 

6. To hear and try any charges against any licensed em- 
balmer for incompetencv, immorality, drunkenness or any of¬ 
fense involving moral turpitude, and to revoke the license of 
any person found guilty of such offense. 543. (1709) Embalm¬ 
ing licensed; fee.—Every person desiring to engage in the prac¬ 
tice of embalming dead human bodies shall make written appli¬ 
cation to the State board of emblamirig for a license, accom¬ 
panied by a license fee of five dollars, and shall appeiar before 



775 


the board at a time and place to be fixed by the board; and if 
the board shall find upon examination that the applicant is of 
good moral character, and has a knowledge of the Tenuous and 
arterial systems, the location of the heart, lungs, stomach, blad¬ 
der, womb, and other organs of the human body; the location of 
abdominal, pleural and thoracic cavities; the location of the 
carotid, brachial, radial, ulnar, femoral, and tibial, arteries; 
the science of embalming and the care and disposition of the 
dead, and a reasonable knowledge of sanitation and the disin¬ 
fection of dead bodies and the apartment, clothing, and bedding 
of the deceased, in case of death from infectious or contagious 
diseases, the board shall issue to the applicant a license to prac¬ 
tice the science of embalming and the care and disposition of 
the dead, and shall register such applicant as a duly licensed 
emblamer. Such license shall be signed by a majority of the 
board and attested by its seal. All persons receiving a license 
shall have it registered in the office of the judge of probate of 
the county in which it is proposed to carry on said practice, 
and shall display said license in a conspicuous place in the 
place where such business is carried on. 544. (1710) Annual 
dues.—Every registered embalmer must pay annually to the 
secretary of the board a fee of two dolars for the renewal of 
registration. Be it further enacted, that all expense, salary, 
and per diem to members of this board shall he paid from fees 
received under the provision of this act, and shall in no manner 
be an expense to the State. All moneys received in excess of 
said per diem allowance and other expenses provided for, shall 
be held by the secretary of said board as a special fund for 
meeting the expenses of said board. 545. (1711) Unlawful 
to practice embalming without license.—It shall be unlawful 
for any person not a registered embalmer to practice embalm¬ 
ing provided, however, that any licensed physician may embalm 
bodies in case of death outside of any incorporated municipal¬ 
ity, having a population of five hundred inhabitants, or in any 
municipality at any time when there is not licensed embalmer 
in said municipality. Be it further enacted, that any person 
who shall practice or hold himself or herself as practicing the 
science of embalming, without having complied with the provi¬ 
sions of this act, shall be guilty of a misdemeanor, and upon 
conviction thereof before any court shall be sentenced to pay 
a fine of not less than fifty nor more than one hundred dollars 
for each and every offense. 

Approved September 22, 1915. 



776 


No. 705.) (EL J. R. 190—Chamberlain. 

HOUSE JOINT RESOLUTION. 

Requesting Congress to give Alabama an assignment upon the rivers and 

harbors committee, to aid in advancing the claims of Alabama in behalf 

of her water-ways and only sea-port. 

Whereas, Alabama is peculiarly blessed with a magnificent 
system of water-ways, and a seaport at Mobile of special and 
unusual importance to the State and to the country at large, 
and 

Whereas, the Federal government has already recognized 
the commercial necessity of improving the water-ways of our 
State and of deepening and maintaining the channel from the 
port of Mobile to the Gulf of Mexico, which is the natural outlet 
for the commerce of a vast and growing section. 

Resolved by the House the Senate concurring, that it is the 
sense of the Legislature of Alabama that the Congress of the 
United States shall as speedily as possible improve these great 
high-ways to meet the ever increasing expansion of our com¬ 
merce. 

Resolved further that it is the opinion of this Legislature 
that our great State should continue to have personal represen¬ 
tation upon the rivers and harbors committee in the House of 
Representatives of Congress, to aid in advancing the claims of 
Alabama in behalf of her water-ways and her only seaport, and 
that Congress be and the same is hereby memorialized and re¬ 
spectfully requested to give to Alabama an assignment upon 
said committee which deals with matters of the highest impor¬ 
tance to the material and commercial prosperity of the State. 

Resolved further that the secretary of the State be requested 
to send a copy of this resolution to each of the United States 
Senators and to each member of Congress from Alabama. 

Adopted by the House September 22, 1915. 

Adopted by the Senate September 22,1915. 


No. 706.) (H. 900—Welch. 

AN ACT 

To amend an act entitled an act to regulate the business of dealers in farm 
produce, to fix licenses for the carrying out of said business and to pro¬ 
vide for revocation of this license and for the penalty for any violation 
of this act; to prevent fraud in the selling and handling of farm pro¬ 
duce and to provide punishment for such fraud; to provide for the col¬ 
lection and disbursement of the monies collected; to establish, increase 



777 


and encourage markets for the sale of farm produce. Approved March 

5th, 1915. 

Be it enacted by the Legislature of Alabama, as follows: 

Section 1. That an act entitled an act to regulate the busi¬ 
ness of dealers in farm produce, to fix licenses for the carrying 
out of said business and to provide for the revocation of this 
license and for the penalty for any violation of this act; to pre¬ 
vent fraud in the selling and handling of farm produce and to 
provide punishment for such fraud; to provide for the collec¬ 
tion and disbursement of the monies collected; to establish, in¬ 
crease and encourage markets for the sale of farm produce, ap¬ 
proved March 5, 1915, be, and the same is hereby amended to 
read as follows: Section 1. That before engaging in the busi¬ 
ness of wholesale dealer in farm produce in this State that 
every person, firm, exchange, association or corporation shall 
obtain from the State of Alabama a license, issued by the com¬ 
missioner of agriculture and industries, to engage in such 
business. The application for such license shall be in writing 
on such blank form as may be required by the commissioner 
of agriculture and industries. And such application shall con¬ 
tain, among other things, the name, address and age of the 
applicant if an individual, and, if a partnership or association, 
the names, addresses and ages of the members of such associa¬ 
tion or partnership shall be given, and if a corporation, the 
names and addresses of the officers shall be given, and, in either 
event, an appropriate statement, such as may be required by the 
commissioner of agriculture and industries, showing the finan¬ 
cial status of such applicant, the length of time said applicant 
has been engaged in such business, the character of such farm 
produce as such applicant intends to deal in, the location of 
his, their or its principal place of business, and, if more than 
one place of business, each shall be given and a license pro¬ 
cured for each branch place of business or branch house. If 
the commissioner of agriculture and industries approves said 
application the applicant shall thereupon enter into a good 
and sufficient bond, in the sum of one thousand dollars, pay¬ 
able to the State of Alabama, and conditioned that the principal 
therein named shall honestly conduct such business and pay 
over to the consignor any goods received by him, them or it or 
any proceeds of sales of farm produce sold for the account of 
such person and to otherwise conduct his business according 
to the provisions of law. Said bond shall be filed and duly re¬ 
corded in the office of the secretary of State after the same has 



been taken and approved by the commissioner of agriculture 
and industries. A copy of said bond, duly certified by the secre¬ 
tary of State, shall be received as evidence in all of the courts of 
this State without other proof. Any person having a right of 
action against any such wholesale produce dealer may bring 
suit against the principal and sureties of said bond, one or both, 
at the discretion of the person injured, and successive suits of a 
similar nature and character may be brought on said bond until 
the face value thereof is exhausted. Any such suit on said 
bond shall be governed by the general laws of this State. In 
case such bond is exhausted the license of such dealer shall 
thereupon he cancelled by the commissioner of agriculture and 
industries, unless such dealer shall immediately execute a new 
bond as herein provided for; and, if such commissioner of agri¬ 
culture and industries fails to immediately cancel such license, 
any citizen of this State may notify such dealer of the fact that 
such bond has been exhausted and his license shall thereupon 
become null and void, unless he makes a new bond immediately 
as herein provided for. And after such license has been can¬ 
celled or has become null and void, as above provided for, it 
shall be unlawful for said wholesale produce dealer to engage 
in such business without first obtaining a new license. 

Sec. 2. The term wholesale produce dealer herein used shall 
include only such persons, firms, exchanges, brokers, associa¬ 
tions or corporations who receive shipments of farm produce to 
sell on commission for the account of the consignor, the term 
farm produce shall include all agricultural, horticultural, veg¬ 
etable and fruit products of the soil, poultry, eggs, dairy prod¬ 
ucts, nuts, honey, and the like, but shall not include timber 
products, floricultural products, tea or coffee, provided that no 
person other than those herein defined as a wholesale produce 
dealer shall be subject to the provisions of this act. 

Sec. 3. For any liability which any consignor of farm pro¬ 
duce may have against any wholesale produce dealer, either for 
the price of said farm produce or any balance due thereon, or 
for any loss of price in the sale thereof by reason of any false 
or fraudulent representations made by said dealer to the owner 
or consignor of said produce, the said owner or consignor of the 
same shall have the right of action as hereinbefore provided for 
against the* said produce dealer and the sureties on his said 
bond. 

Sec. 4. The commissioner of agriculture and industries, or 
either one of his assistants, shall have power to investigate, 
upon the verified complaint of an interested person, also to 



779 


make an investigation irrespective of whether or not a com¬ 
plaint is filed, the record of any person, firm, exchange, cor¬ 
poration or association applying for a license, or any transac¬ 
tion involving the solicitation, receipt, sale or attempted sale 
of farm produce, the failure to make proper and true accounts 
and settlements at prompt and regular intervals, the making of 
false statements as to conditions, quantity or quality of goods 
received or while in storage, the making of false statements as 
to market conditions, with the intent to deceive, or the failure 
to make payment for goods received or other alleged injurious 
transactions; and for such purpose may examine at the place 
of business of the licensee, that portion of the ledgers, books of 
account, memoranda, or other documents, relating to the trans¬ 
actions involved, of any wholesale produce merchant, and may 
take testimony thereon under oath, and, to this end, administer 
oaths to witnesses for that purpose. When a consignor of farm 
produce fails to obtain a satisfactory settlement in any trans¬ 
action, after having notified the consignee, a certified complaint 
may be filed at the expiration of ten days after such notification 
with the commissioner of agriculture and industries. The com¬ 
missioner of agriculture and industries shall attempt to secure 
an explanation or adjustment; and, failing in this within seven 
days he shall cause a copy of the complaint, together with a 
notice of the time and place for a hearing of such complaint to 
be served personally or by mail upon such produce merchant. 
Such service shall be made at least seven days before the hear¬ 
ing, which shall be held in the city, village or township in 
which the place of business of the licensee is situated. At the 
time and place appointed for such hearing the commissioner of 
agriculture and industries, or one or more of his assistants, 
shall hear the parties to such complaint and shall have power 
to administer oaths to witnesses to give testimony in regard 
thereto, and shall thereafter enter in the office of the commis¬ 
sioner of agriculture and industries, at Montgomery, Alabama, 
a decision, either dismissing such complaint or specifying the 
facts which he deems established on such hearing, and in case 
such facts are established as cause him to revoke the license of 
such licensee, the fact of such revocation shall be included in 
his decision and, immediately upon the making of such decision, 
a cause of action shall accrue in favor of any person injured by 
the wrongful acts of such licensee on the bond herein provided 
for, also a cause of action in favor of the State to be prosecuted 
by the commissioner of agriculture and industries, in the name 
of the State, for such damages as the State may have suffered 
and costs incident to such investigation. 



780 


Sec. 5. The commissioner of agriculture may decline to 
grant a license or may revoke a license already granted where 
he is satisfied of the existence of the following cases or any of 
them: (a) Where a money judgment has been entered against 
such produce merchant and upon which execution has been re¬ 
turned unsatisfied, (b) Where false charges have been im¬ 
posed for handling or services rendered, (c) Where there has 
been a failure to account promptly and properly or to make 
settlements, with intent to defraud, (d) Where there has been 
false statements as to conditions, quality or quantity of goods 
received or held for sale when the same might be known on 
reasonable inspection, (e) Where there has been false or 
misleading statement or statements made as to market condi¬ 
tions with intent to deceive, (f) Where there has been a com¬ 
bination or combinations to fix prices, (g) Where the produce 
merchant directly or indirectly purchases the goods for his own 
account without prior authority therefor or without notifying 
the consignor thereof, (h) Where the produce merchant is in 
bankruptcy or insolvency, or where the commissioner of agri¬ 
culture has reason to believe that bankruptcy or insolvency may 
shortly occur, (i) Where there has been a continued course 
of dealing of such a nature as to satisfy the commissioner of 
the inability to properly conduct the business of produce mer¬ 
chant or of intent to deceive or defraud shippers, (j) Where 
a licensee has been guilty of fraud or deception in obtaining 
his license, (k) Where the licensee neglects to file a new bond 
when notified by the commissioner that the bond already filed 
is unsatisfactory. 

S'ec. 6. The action of the commissioner of agriculture and 
industries in refusing to grant a license or in revoking a license 
granted under this act shall be subject to review by any circuit 
court in this State, or other court of like jurisdiction, on a writ 
of certiorari; and, if such proceedings are begun, until, the final 
determination of the proceedings and all appeals therefrom the 
license of such produce merchant shall be deemed to be in full 
force and effect, provided the fee for such license shall have 
been paid and. a bond given as in this act required. 

Sec. 7. Every produce merchant, who handles farm pro¬ 
duce on commission, shall, upon the receipt of farm produce 
and as he handles and disposes of the same, make a record there¬ 
of, specifying the name and address of the consignor, the date 
of receipt, the kind and the quantity of such produce, the 
amount of goods sold, the date of sale, the price received, the 
name and address of the person to whom the goods are sold or 
his license number where the same can be secured with reason- 



781 


able diligence, and the item of expense connected therewith; 
and this record, together with payment in settlement for such 
shipment, shall be mailed to the consignor within forty-eight 
hours after the sale, unless otherwise agreed. The produce mer¬ 
chant shall retain the foregoing record for a period of one year 
and the same shall be open to the inspection of the commissioner 
of agriculture and of the consignor or the agents of either of 
them. The burden of proof shall be upon the produce merchant 
to prove the correctness of his accounting as to any transac¬ 
tions W'hich may be questioned, and shall be punished by a fine 
of not exceeding five hundred dollars. 

Sec. 8. Any person, firm, exchange, association or corpora¬ 
tion W'ho shall receive or offer to receive, sell or offer to sell 
within this State any kind of farm produce, without a license 
except as in this chapter permitted, and any person who being 
a produce merchant in farm produce shall (a) impose false 
charges for handling or services in connection with farm pro¬ 
duce, or (b) fails to account for such farm produce promptly 
and properly and to make settlement thereof, with intent to 
defraud, or (c) shall make false or misleading statement or 
statements as to market conditions wuth intent to deceive, or 
(d) enter into any combination or combinations to fix prices, 
or (e) directly or indirectly purchases for his or its own ac¬ 
count, goods received by him or it upon consignment without 
prior authority therefor from the consignor, or shall fail to 
promptly notify the consignor of such purchase on his or its 
own account, or (f) any person, consignee or consignor han¬ 
dling, shipping or selling farm produce who shall make a false 
statement as to grade, condition, markings, quality or quantity 
of goods shipped or packed in any manner, with intent to de¬ 
ceive, or (g) shall fail to comply in every respect herewith, or 
(h) shall advertise or hold one’s self out as a produce merchant 
in farm produce without a license, shall be guilty of a misde¬ 
meanor. 

Sec. 9. That the price of said license shall be $10.00 per 
annum and shall be payable in advance on the first day of Janu¬ 
ary of each year and shall be paid to the commissioner of agri¬ 
culture and industries, and the license for the calendar year 
shall become due and payable thirty days after the approval of 
this act. The license money collected by the commissioner of 
agriculture and industries under this act shall be by him turned 
over to the State treasurer as collected and the State treasurer 
is hereby required to keep said money separate and apart from 
any other money in the State treasury. This money shall be 
paid out only on a certificate or warrant approved by the com- 



782 


missioner of agriculture and industries for the purpose of 
paving the expenses of enforcing this act and for the other pur¬ 
poses provided in section eleven of this act. 

> ® e c.10. It shall be unlawful for any person to engage in the 
said produce business in this State as herein defined without 
first taking out and paying for a license as herein provided. 

Sec. 11. The monies coming into the hands of the commis¬ 
sioner of agriculture and industries under the provisions of this 
act after payment of the expenses of carrying out the provisions 
of this act, shall be applied by him so far as the same may be 
necessary for the purpose of establishing, creating, encouraging, 
ascertaining and providing markets for such farm products and 
increasing and encouraging the sale of said farm produce to the 
end that the owners and consignors of said farm produce may 
obtain full and fair price therefor and honest and fair treatment 
in the disposition of the same. 

Sec. 12. Any person violating any provision of this act 
shall be guilty of a misdemeanor and upon conviction therefor 
shall be punished as the law provides the punishment for such 
misdemeanor. 

Sec. 13. That the duties of the administration of this act 
is hereby conferred upon the commissioner of agriculture and 
industries. It is further provided that the said commissioner 
may employ a clerk at a salary not to exceed eighteen hundred 
dollars per annum and a stenographer at a salary not to exceed 
seven hundred fifty dollars per annum, and is further provided 
that the expense of stationery, printing, and etc., shall not 
exceed twelve hundred and fifty dollars per annum, such sal¬ 
aries and expense to be paid out of any funds to the credit of the 
agricultural department not otherwise appropriated. 

Sec. 14. This act shall take effect immediately and all 
laws and parts of laws in conflict with the provisions of this 
act are hereby repealed. 

Approved September 29, 1915. 


No. 707.) (H. 1071—Davis. 

AN ACT 

To amend sections 706 and 707 of the Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama : 

1. That section 706 of the Code of 1907 be and the same 
hereby is amended so as to read: 706.—Duties of county health 



783 


officers.—Subdivision 1. It shall be the duty of a county health 
officer who devotes only a part of his time to the duties of his 
office, 1. To keep, under regulations prescribed by the State 
board of health, a book to be styled, the register of births, in 
which book he shall register, so far as reported to him, the sex 
and color of every child born in the county, the date of such 
birth, the name or names, age or ages, race, color and occupa¬ 
tion of the parent or parents, together with such other details 
as said regulations may require; also, a book to be styled, the 
register of deaths, in which he shall register the name, so far 
as reported to him, of all persons who die in the county, speci¬ 
fying the date, place, and cause of death, also, the sex, color, 
race, occupation and, so far as can be ascertained, the ages of 
such deceased persons, together with such other details as may 
be required by said regulation; also, a book to be styled the 
register of infectious diseases, in which book he shall regis¬ 
ter, so far as reported to him, the name, age, sex, color, race, 
occupation, and place of residence together with such other 
details as may be required by said regulation, of all persons 
who may be attacked by any of the diseases enumerated in 
section 716 of this Code; all of which registers shall be fur¬ 
nished by the court of county commissioners or other like 
board, and when filled said registers shall be filed by the county 
health officer in the office of the judge of probate of the county, 
who shall receipt therefor and which receipt shall be forwarded 
by the county health officer to the State health officer for per¬ 
manent filing. 

2. To exercise, subject to the advice of the committee of 
public health and in accordance with the health laws of the 
State, general supervision over the sanitary interests of the 
county, and should he discover any cause of disease, or the 
existence of any condition detrimental to the health of the 
people, he shall, so far as authorized by law, compel the removal 
or abatement of the same, and should no authority for such 
removal or abatement exist, he shall report the fact to the 
county board of health, adding such recommendations as to 
special action as he may deem proper. 

3. To make personal and thorough investigation of the first 
case, or early cases, of any diseases suspected of being, or known 
to be, any one of those enumerated in section 716 of this Code 
that may come to his knowledge, or be reported to him, and 
should he decide such case, or cases, to be one of those enumer¬ 
ated in said section, and in imminent danger of spreading, he 
shall in accordance with the law institute immediate measures 



784 


to prevent the spread of such disease and shall forthwith report 
the facts in writing to the judge of probate of the county, to the 
chairman of the committee of public health of the county board 
of health and to the State health officer. 

4. To obtain as needed at the expense of the county a suffi¬ 
cient supply of vaccine virus, with which to vaccinate, without 
charge, all indigent persons of the county who may apply at 
his office, or at the offices of such physicians throughout the 
county as may be supplied with vaccine virus for the purpose 
of assisting him in the vaccination of such persons. 

5. To visit the county jail, all convict camps where any 
county convicts are worked, and the county almshouse, at 
least once each month and to make careful investigation as 
respects the drinking water, the food, the clothing, and bed¬ 
ding supplied to the prisoners of the former and the inmates of 
the latter; also, as to the ventilation, air space, heating and 
bathing facilities, closets, drainage, etc., of these institutions, 
and when any of said supplies are found to be inadequate in 
quantity or deficient in quality, or any of said conditions unsan¬ 
itary,^ it shall be the duty of the county health officer to make 
in writing a circumstantial report thereof to the judge of pro¬ 
bate and court of county commissioners or other like board, 
whereupon, it shall be the duty of said judge of probate and 
court of county commissioners to carry out whatever recom¬ 
mendations are made by the county health officer as respects 
the county jail and county almshouse, and said health officer 
shall forward duplicates of his reports to the county board of 
health and to the State health officer. He shall likewise visit 
the county court-house and any other public building belonging 
to the county once each month and make investigations corre¬ 
sponding with those laid down in this section as applying to 
the jail and almshouse and should he find unsanitary conditions 
existing he shall report the same to the court of county com¬ 
missioners or other like board, whereupon, it shall be the duty 
of said court of county commissioners to remedy the unsanitary 
conditions in accordance with the recommendations of the coun¬ 
ty health officer. 

6. To make to the State board of health by or before the 
10th day of each calendar month a full report, so far as the 
facts reach him, of all cases of infectious diseases and of all 
births and deaths, specifying the causes of the latter that occur 
in the county, including all municipalities therein, for the pre¬ 
ceding month. 



785 


7. To make to the judge of probate and court of county 
commissioners or other like board and to the county and State 
board of health by or before the 1st day of March of each year 
an annual report of all public health and sanitary work done 
in the county during the preceding year, which report shall 
include the vital and mortuary statistics of the county and of 
all municipalites therein, together with such information, sug¬ 
gestions, and recommendations in regard to the protection of 
the health of the people as he may deem proper. 

8. To make to the State health officer prompt report of the 
presence in the county, so far as is reported to him, or as comes 
to his knowledge, of any of the diseases enumerated in section 
716 of this Code, furnishing such information and at such inter¬ 
vals as the State health officer may require. 

9. To make to the county board of health such reports and 
at such time as said board may require. 

10. To appear before the grand jury at each of its sittings 
and to report all violations of the health laws of the State, 
especially any failures on the part of the physicians of the 
county, including all municipalities therein, to report the births, 
deaths, and infectious diseases that occur in their practice; 
also, to report all failures on the part of midwives to report 
the births and the deaths that occur in their practice; also, to 
report failures on the part of dealers in coffins to report all 
sales of coffins made by them. 

11. To authorize in writing any member of the county board 
of health to act for him in case of a contemplated absence from 
the county of such duration, or in case of a disability from 
any cause of such character, as would interfere with the dis¬ 
charge of his official duty, provided that such member accepts 
in writing such delegation of authority, and provided further 
that he shall notify the chairman of the committee of public 
health of the county, the judge of probate of the county and the 
State health officer of such arrangement. 

12. To be present at all meetings of the county board of 
health for the purpose of keeping that body fully informed as 
to health conditions prevailing ip the county and to likewise 
keep the court of county commissioners or other like board 
informed on such matters as said board may deem proper. 

13. To attend all conferences of county and municipal 
health officers which may be called by the State health officer. 

14. To discharge such other health functions as are, or may 
be required of him by law. 



786 


Subdivision II. Whenever the court of county commis¬ 
sioners or board of revenue of any county shall deem it wise 
to provide a county health officer who shall devote all of his 
time to the duties of his office, and so declare by order entered 
on the minutes of such court or board, it shall be the duty of the 
president of the county board of health, except of such counties 
as have already employed health officers for all of their time, 
to issue a call for a meeting of said board, giving the members 
thereof not less than ten nor more than fifteen days’ notice of 
the meeting and further informing them that the object of the 
meeting is to provide for a county health officer who shall de¬ 
vote his entire time to official work. When the county board of 
health meets as above provided for, not less than a majority of 
the members thereof being present, said board shall proceed to 
remove the incumbent county health officer from office and to 
declare the office vacant, the officer so removed being eligible 
for election to the new office. The county board of health shall 
then proceed to elect a county health officer who shall devote 
his entire time to the duties of his office. The county board 
of health shall then instruct the secretary thereof to notify the 
court of county commissioners or hoard of revenue that a health 
officer has been elected for the county for a term of three 
years, giving the name and address of the officer so elected, such 
officer to devote his entire time in promoting the health of the 
people of the county. 

Subdivision III. It shall be the duty of all county health 
officers elected under the preceding subdivision II to devote 
all of their time to official work and to perform all of the duties 
above prescribed in this section, and in addition thereto the fol¬ 
lowing: 

1. To devote their entire time to the public health 
interests of the county and under no circumstances to engage 
in private practice. 

2. To occupy an office in the courthouse of the coun¬ 
ty, to be assigned by the court of county commis¬ 
sioners or board of revenue, and in the event of an office in the 
county courthouse not being available the said court or board 
shall provide an office for said county health officer conveni¬ 
ently located with reference to the courthouse. 

3. To visit, so far as lies in their power, all cases of infec¬ 
tious or contagious diseases that occur in the county, for the 
purpose of seeing that all proper measures are enforced to pre¬ 
vent their spread, and to repeat these visits from time to time 
as may be necessary. 



787 


4. To make a special effort to locate all cases of tuberculo¬ 
sis and pellagra in the county, especially incipient cases, with a 
view of not only urging prompt treatment thereof but also the 
adoption of such precautions as are deemed necessary to protect 
others. 

5. To inspect the schools of the county at least once 
annually with the view of seeing that they are supplied with 
pure drinking water and surrounded by sanitary conditions in 
all respects, especially to investigate whether or not said schools 
are equipped with sanitary closets; further, to examine the 
pupils of the schools at least once annually for the purpose of 
ascertaining any defects of sight or of hearing that may exist, 
or of ascertaining the presence of adenoids, enlarged tonsils, 
skin diseases, spinal curvature, hookworm disease, etc., that 
may interfere with progress in their studies, and whenever any 
of the above named diseases or defects are discovered the 
county health officer shall so notify the parents of the child 
affected. 

6. To teach the proprietors of slaughter-houses, dairies, 
grocery-houses, hotels, lunch-stands, etc., the importance of 
protecting all food products from dust and insects of every 
kind; also, to impress upon the people of the county the impor¬ 
tance of similar protection in their own homes. 

7. To teach the people of the county by lectures, newspaper 
articles and demonstrations the causes, modes of propagation, 
and of prevention of diseases, with special reference to the 
spread of disease by flies, mosquitoes, rats, fleas, ticks, and other 
vermin, also the importance of screening their houses against 
these purveyors of disease. 

8. To teach the people of the county how to maintain sani¬ 
tary conditions in and around their homes, especially how to 
supply themselves with pure drinking-water and pure milk, 
and also how to provide sanitary closets. 

9. To make such reports as may be required of them to the 
county board of health, to the court of county commissioners 
and to the State health officer, said reports to be made on such 
blanks and forms as may be prescribed by the State board of 
health. 

10. To attends meetings of the court of county commis¬ 
sioners or board of revenue from time to time, or whenever so 
requested, for the purpose of giving said court or board all 
desired information as respects the public health interests of 
the county. 



788 


11. To discharge such other health functions as are, or may 
be, required of him by law. 

II. That section 707 of the Code of 1907 be and the same 
hereby is amended so as to read: 707. Salary of county health 
officer; how paid.—The salary of the health officer of a county 
shall be fixed by the court of county commissioners, or board 
of revenue, provided that in counties of ten thousand inhabi¬ 
tants, or less, the salary shall not be fixed at a lower rate than 
twenty dollars per thousand of population, and in counties of 
more than ten thousand inhabitants the decrease in the above 
rate shall not exceed ten cents per thousand of population up 
to a population of one hundred thousand, beyond which no 
further decrease shall be made. The salary for the health offi¬ 
cer of a county shall be computed upon the basis of the last 
United States census, and shall be paid quarterly from the coun¬ 
ty treasury by the officer legally authorized to draw warrants 
on said treasury. The salary of health officers, commonly 
known as “all-time health officers” who are to devote their 
entire time to official work shall be determined and paid as 
follows: In counties of less than twenty thousand inhabitants 
the salary shall be not less than one thousand dollars and not 
more than eighteen hundred dollars per annum; in counties of 
from twenty thousand to thirty thousand inhabitants the salary 
shall be not less than fifteen hundred dollars and not more than 
twenty-five hundred dollars per annum; in counties of from 
thirty thousand to forty thousand inhabitants the salary shall 
be not less than eighteen hundred dollars and not more than 
three thousand dollars per annum; in counties of from forty 
thousand to eighty thousand inhabitants the salary shall be not 
less than twenty-five hundred dollars and not more than thirty- 
five hundred dollars per annum; in counties of more than eighty 
thousand inhabitants the salary shall be not less than three 
thousand dollars and not more than five thousand dollars per 
annum; all salaries to be based on population as shown by the 
latest Federal census, and to be paid monthly from the county 
treasury on warrants of the officer legally authorized to draw 
warrants on said treasury. Provided, that in counties having 
a population, according to the last, or any succeeding Federal 
census, of not less than eighty-two thousand and not more than 
one hundred thousand, said health officer’s salary shall be not 
less than $2,400.00 nor more than $3,600.00 annually, payable 
monthly. 

Approved September 25, 1915. 



789 


No. 708.) 


(S. 287—Judge 


AN ACT 

To provide for the government by a commission of all cities in Alabama 
which now have, or which may hereafter have, a population of one hun¬ 
dred thousand people, or more, according to the last Federal census, or 
any such census which may hereafter be taken, when such cities by an 
election adopt the provisions of this act; to provide for the selection and 
election of commissioners and their terms of office; to fix their powers, 
duties and compensation; to punish improper conduct in connection with 
the election of said commissioners, and to otherwise provide for the cre¬ 
ation, conduct and maintenance of said commission form of government, 
and to repeal all laws and parts of laws in conflict with the provisions of 
this act. 

Be it enacted by the Legislature of Alabama: 

Section 1. That all cities of the State of Alabama which 
now have a population of one hundred thousand people, or 
more, according to the last Federal census, or which may here¬ 
after have such population, according to any such census that 
may be taken hereafter, shall become organized, and shall be 
conducted under the commission form of government, according 
to the terms of this act, provided that the qualified voters of 
such city shall at an election held as hereinafter provided, elect 
to be governed according to the terms of this act. 

Sec. 2. That the election commission of every city in this 
State now having one hundred thousand population, or more, 
according to the last Federal census, shall hold a special elec¬ 
tion in such city or cities, on the second Monday in October, 
1915, after the passage of this act, and such election commission 
shall hold a special election on the second Monday in October of 
any year, when it shall be determined by a Federal census that 
any other city or cities in the State of Alabama has attained a 
population of one hundred thousand people, or more, at which 
election there shall be submitted to the qualified voters of such 
city the proposition whether or not such city shall be organized 
under and be governed by the provisions of this act. The ballot 
to be used in such election shall be in substantially the follow¬ 
ing form: Special election. Monday, October 19. Shall the 

city of.become organized under, and be governed by the 

provisions of an act of the Legislature of Alabama, approved 
(here insert the date of the approval of this act), providing for 
a board of five commissioners having the powers, authority, and 
receiving the compensation provided in said act? Make a cross 
mark before or after the proposition you vote for. Yes: No.: 




790 


The election commission shall give not less than two weeks no¬ 
tice of the time and place or places of holding such election, by 
publication in a newspaper published in said city, and shall ap¬ 
point all managers, clerks, and returning or other officers of 
such election, and shall perform all other duties with reference 
to said election required of them by law with reference to the 
holding of general or special elections in such city, and the 
question of the adoption of the provisions of this act may be 
submitted by said election commission on the same day on 
which there may be held any general or special municipal elec¬ 
tion, and in that event there shall be only one set of election 
officers, and clerks, but each question submitted to the voters 
shall be on a separate ballot, and separate certificates shall be 
made of the results of such election. 

Sec. 3. If at any election held under the provisions of this 
act to submit to the qualified voters of any city having a popu¬ 
lation of one hundred thousand people, or more, whether or not 
they will elect to become organized under and be governed by 
the provisions of this act, such proposition is decided in the 
affirmative by a majority vote of those who vote in such election, 
the election commission shall certify the result of such election 
to the governing body of the municipality, and such certificate 
shall be recorded on the minutes of such commission. 

Sec. 4. Thereafter the election commission of such city shall 
call and hold a special election in such city, and if such city is 
already organized under a commission form of government hav¬ 
ing three commissioners, there shall be elected at such election, 
two additional commissioners for such city, who shall hold 
office and act as such commissioners, with all the powers and 
duties pertaining to the office, for the time provided by this act. 
And in the event any such election shall be called in any city 
which has not now, but which may hereafter have a population 
of one hundred thousand, or more, and which is not then under 
a commission form of government, there shall be elected at the 
election provided for in this section five commissioners for such 
city, who shall be the governing body of such city, if this act is 
approved and adopted by the voters of such city, and such com¬ 
missioners shall serve from the date of election to the next 
quadrennial period for such elections, counting such quadren¬ 
nial periods as beginning the first Monday in November, 1917. 
Such election shall be held under the general election laws ap¬ 
plicable to such cities, and shall be held at the several voting 
places in such city, or cities, on the first Monday in December 



791 


following the adoption of the provisions of this act by the voters 
of such city or cities at the election held on the second Monday 
in October. The election commission shall canvass the votes 
cast in said election so held on the first Monday in December, 
on the day following such election or as soon thereafter as prac¬ 
ticable, and shall give a certificate of election to the two, or the 
five candidates, as the case may be, who receive a majority of all 
the votes cast in said election. Each voter shall be entitled to 
vote for two, or five candidates, depending upon the number of 
commissioners to be elected. Said certificate of election shall 
entitle the holder to act as commissioner of said city from the 
date of such certificate, for the term for which they were elect¬ 
ed, and such certificate shall be recorded on the minutes of such 
commission. The commissioners so elected shall have all the 
powers conferred upon them by law and by the terms of this act, 
and they shall receive the compensation hereinafter provided. 
At any election held under the provisions of this act, at which 
commissioners are elected, the candidates receiving the highest 
number of votes for the respective offices for which they are 
candidates, shall be elected thereto, provided he receives a ma¬ 
jority of all votes cast for such office. If at the first election, a 
majority is not received by any or by an insufficient number of 
candidates to fill the offices voted for at such election, then a 
second election shall be held on the same day, one week later, 
when the name of the candidates receiving the highest number 
of votes for president, or commissioner, shall be placed on the 
ballot, provided they were not elected at the first election ; the 
number of the names so placed upon the ballot to be equal to 
twice the number of offices to be filled, provided such number 
were candidates in the first election, and the candidate or can¬ 
didates receiving the highest number of votes for said offices at 
the second election, shall be elected to the office of president, or 
commissioner, as the case may be. 

Sec. 5. In the event the qualified voters in any city in this 
State now having a population of one hundred thousand, or 
more, shall elect to be organized under, and be governed by the 
terms of this act, the president of the board of commissioners of 
all cities, the government of which is conducted under the pro¬ 
visions of an act of the Legislature, approved March 31st, 1911, 
shall be president of the commission created by this act, and he 
shall hold office until the first Monday in November, 1917, and 
the commissioner of all cities, the government of which is pro¬ 
vided for by said act, and who was elected in 1914 to serve for a 



792 


term of three years, shall be a commissioner under this act, and 
his term of office shall expire on the first Monday in November, 
1917; the successor to the commissioner of such cities, whose 
term of office expires on the first Monday in November, 1915, 
shall be elected at the general election to be held in such cities 
on the second Monday in October, 1915, and he shall serve for a 
period of two years from the first Monday in November, 1915, 
and until his successor is elected and qualified, if this act shall 
be adopted as the form of government of such cities, otherwise 
his term of office shall remain as provided by the terms of the 
act approved March 31st, 1911. If at the election to be held on 
the second Monday in October, 1915, in those cities which are 
now organized under and governed by the terms of the act ap¬ 
proved March 31st, 1911, a majority of the qualified voters of 
such city, voting in such election, elect to be organized under 
and be governed by the terms of this act, then the commissioners 
who shall be elected on the first Monday in December, shall 
serve as such commissioners for a term beginning on the first 
Tuesday in December, 1915, and ending on the first Monday in 
November, 1917, and until their successors are elected and qual¬ 
ified. On the second Monday in October, 1917, and every four 
years thereafter, there shall be elected a president of said com¬ 
mission, and four other commissioners, who shall assume the 
duties of the office to which they are elected, on the first Mon¬ 
day in November, 1917, and their term of office shall continue 
for a period of four years, and until their successors are elected 
and qualified. 

Sec. 6. The president and commissioners hereinbefore pro¬ 
vided for, shall be known as the “commission of the city of 
..;.” (the name of such city to be inserted) and such com¬ 
mission shall have and exercise the powers, and perform the 
duties in this act provided, and in addition thereto the said com¬ 
mission shall have and exercise all the powers and duties grant¬ 
ed to or imposed upon municipal corporations by the general 
laws of the State of Alabama. Each of the commissioners, the 
selection and election of which is provided for by this act, shall 
before entering upon their duties, take the oath of office as pro¬ 
vided by the constitution of the State of Alabama, and the said 
commissioners shall also take oath that they are qualified com¬ 
missioners under the terms of this act. Said board of commis¬ 
sioners shall not have, possess or exercise any legislative, execu¬ 
tive, judicial or administrative powers of the State or county, 
nor shall the offices held by them be State offices; provided, 




793 


however, that the office of commissioner, the term of which un¬ 
der the provisions of this act expires on the first Monday in 
November, 1915, is and shall be a judicial office, and the com¬ 
missioner appointed thereto, and hereafter elected thereto, is 
clothed with full and ample power to administer justice under 
the ordinances of said city only, and to administer judicially 
the ordinances of said city only, and the legislative and execu¬ 
tive powers herein above conferred upon the commissioner 
whose term of office expires as aforesaid, shall be an incident 
merely to said judicial office, and shall be confined only to mu¬ 
nicipal matters. 

Sec. 7. The commissioners herein provided for when sitting 
as a body and acting in their official capacity, shall be known 
as the “commission” of said city, as hereinbefore provided, and 
they shall have, possess and exercise, for, in the name of, and in 
behalf of said city, all the municipal powers, legislative, execu¬ 
tive and judicial, which are possessed and exercised by the for¬ 
mer governing bodies of such municipality as prescribed by the 
charter thereof, and all other general acts relating to the gov¬ 
ernment of such city, and also all the powers which may have 
been granted to or exercised by any board or commission of any 
kind heretofore created by the Legislature of Alabama, charged 
with any duties in connection with the government of such city, 
except as the same have been modified or repealed by the gen¬ 
eral laws of the State of Alabama, or by the provisions of this 
act, and all such boards, commissions and officers of such for¬ 
mer boards and commissions, shall and the same are hereby 
abolished; and the terms of office of any and all such officers or 
officials shall cease upon the passage and approval of this act, 
provided, however, that nothing herein contained shall be con¬ 
strued to repeal any law creating a board of education for such 
cities, and prescribing the duties of such board, except that the 
president of the commission created by this act, shall by virtue 
of his office be the chairman of such board of education. 

Sec. 8. Any proposed ordinance may be submitted to the 
board of commissioners by petition signed by at least fifteen 
hundred (1,500) qualified electors of the city. All petitions, 
circulated with respect to any proposed ordinance, shall be uni¬ 
form in character and shall contain the proposed ordinance in 
full, and have printed thereon the names and addresses of at 
least five electors who shall be officially regarded as filing the 
petition and shall constitute a committee of the petitioners for 
the purpose hereinafter named. Each signer of a petition shall 
sign his name and shall place on the petition after his name his 



794 


place of residence by street and number, if there be such street 
and number. The signatures to any such petition need not all 
be appended to one paper, but to each such paper there shall be 
attached an affidavit by the circulator thereof stating the num¬ 
ber of signers to such part of the petition and that each signa¬ 
ture appended to the paper is the genuine signature of the per¬ 
son whose name it purports to be, and was made in the presence 
of the affiant. All papers comprising a petition shall be assem¬ 
bled and filed with the clerk or secretary of the board of commis¬ 
sioners, or the secretary of said board, as one instrument. With¬ 
in seven (7) days from the filing of a petition the clerk or secre¬ 
tary shall ascertain whether it is signed by the required number 
of qualified electors. Upon the completion of his examination 
the clerk or secretary shall endorse upon the petition a certifi¬ 
cate of the result thereof. If the clerk or secretary’s certificate 
shows that the petition is insufficient, he shall at once notify 
each member of the committee of the petitioners hereinbefore 
provided for, and the petition may be amended at any time 
within ten (10) days from the date of the clerk or secretary’s 
certificate of examination, by filing with the clerk an additional 
petition in the same manner as provided for the original peti¬ 
tion. Upon the filing of such an amendment the clerk or secre¬ 
tary shall, within ten days thereafter, examine the amended pe¬ 
tition and attach thereto his certificate of the result. If still 
insufficient, or if no amendment shall have been filed, the clerk 
or secretary shall file the petition in his office and shall notify 
each member of the committee of that fact. The final finding of 
the insufficiency of a petition shall not prejudice the filing of a 
new petition for the same purpose. AVhen the certificate of the 
clerk or secretary shows the petition to be sufficient, he shall 
submit the proposed ordinance to the board of commissioners at 
its next regular meeting. Such board shall either, (a) pass and 
adopt said ordinance without alteration within twenty days 
after attachment of the clerk or secretary’s certificate to the 
accompanying petition, or, (b) forthwith, after the clerk shall 
have attached to the petition accompanying such ordinance, his 
certificate of sufficiency, the board shall transmit the papers 
and petition to the election commission, which shall call a spe¬ 
cial election, unless a general municipal election is fixed within 
twenty days thereafter, and at such special or general election, 
if one is so fixed, such ordinance shall be submitted without 
alteration, to the vote of the electors of said city. But if the 
petition is signed by not less than one thousand nor more than 
fifteen hundred qualified electors, as above defined, then the 



795 


board shall within twenty days pass and adopt said ordinance 
without change, or the same shall be submitted at the next gen¬ 
eral city election, occurring not more than thirty days after the 
clerk or secretary’s certificate of sufficiency is attached to said 
petition. The ballots used when voting upon said ordinance 
shall contain these words, “For the ordinance” (stating the 
nature of the proposed ordinance), and “Against the ordi¬ 
nance,” (stating the nature of the proposed ordinance) and the 
voter shall express his choice by a cross mark. If the majority 
of the qualified electors voting on the proposed ordinance shall 
vote in favor thereof, such ordinance shall thereupon become a 
valid and binding ordinance of the city; and any ordinance pro¬ 
posed by petition, or which shall be adopted by vote of the peo¬ 
ple, cannot be repealed or amended except by a vote of the peo¬ 
ple. Any number of proposed ordinances may be voted upon at 
the same election, in accordance with the provisions of this sec¬ 
tion, but there shall not be more than one special election in 
any period of six months for such purpose. A proposal for the 
repeal of any such ordinance or for amendments thereto may be 
submitted to be voted upon at any succeeding general election, 
and should such proposition so submitted receive a majority of 
the votes cast thereon at such election, such ordinance shall 
thereby be repealed or amended accordingly. Whenever any 
ordinance or proposal is required by this section to be submit¬ 
ted to the voters of the city at any election, such ordinance or 
proposal shall be published in the same manner as referendum 
ordinances or proposals are herein required to be published. 
The election to be held under this section shall be in accordance 
with general election laws governing elections in such city, and 
all laws governing elections generally, applicable to such city, 
shall be applicable to elections held hereunder. 

Sec. 9. That all cities in this State now having a popula¬ 
tion of one hundred thousand or more, according to the present 
Federal census, shall continue its existence as a body corporate 

under the name of “City of...” (inserting the name of 

said city) and such city shall continue to be subject to all duties 
and obligations pertaining to or incumbent upon it as a munici¬ 
pal corporation not inconsistent with the provisions of this act, 
and shall continue to enjoy all the rights, immunities, powers, 
privileges and franchises heretofore enjoyed by it, as well as 
those that may hereafter be granted to it not inconsistent with 
the provisions of this act. All laws governing such city and not 
inconsistent with the provisions of this act, shall apply to and 
govern said city after it shall have become organized under the 




796 


provisions hereof. All by-laws, ordinances and resolutions law¬ 
fully passed and in force in any such city under its former or¬ 
ganization, not inconsistent with the provisions of this act, shall 
remain in force until altered or repealed. The territorial limits 
of such city shall remain the same as under its former organiza¬ 
tion, and all rights and property of every description which 
were vested in it, shall vest in it under the organization herein 
provided for, as though there had been no change in the govern¬ 
ment of said city; and no right or liability either in favor of it 
or against it, and no suit or prosecution of any kind shall be af¬ 
fected by the change of government herein provided for, unless 
otherwise expressly provided for by the terms of this act. All 
employees of said city shall continue in office until otherwise 
provided by the commission for said city created by this act. 

Sec. 10. Every city organized under the provisions of this 
act shall be governed and managed by a commission of five 
members, the selection and election of which are provided for 
by this act. Each and every officer and employee of said city, 
except health officer and such persons as may be employed by 
him to enforce quarantine, shall be selected and employed by 
the commission, or under its direction, and all salaries and 
wages paid by said city, except as herein otherwise provided, 
shall be fixed by said commission, provided that no subordinate 
official or head of departments shall receive a salary exceeding 
thirty-six hundred dollars ($3,600.00) per annum, but this shall 
not prevent the city from employing legal counsel or consulting 
engineers at a higher compensation, when in the opinion of the 
commission, the welfare of the city requires it. The commis¬ 
sion shall prescribe, and may at any time change the powers, 
duties and titles of all subordinate officers and employees of 
said city, except the title of the city health officer, and all of 
said officers and employees shall hold office and be removable 
at the pleasure of the commission. 

Sec. 11. The powers and duties in such cities shall be dis¬ 
tributed into and among five departments, as follows: 1. De¬ 
partment of general administration, finances and accounts; 
which department shall be especially charged with the adminis¬ 
tration of all legal affairs of the city, the purchase of supplies, 
the collection of taxes, licenses and other sources of income, the 
expenditures of the city, the management of its sinking fund, 
and a general supervision over the public affairs of the city, and 
its finances, including the payment of interest on the public 
debt. 2. Department of public improvements; which depart¬ 
ment shall have special supervision of all public improvements 



797 


in such city, including the improvement and maintenance of 
streets and sidewalks, the building of viaducts, the construction 
of sewers, and the erection of all public buildings. 3. The de¬ 
partment of public property and public utilities; which depart¬ 
ment shall have supervision over the management and mainte¬ 
nance of all public buildings, parks, playgrounds and public 
utilities, either owned and operated by the city, or operated by 
private corporations under franchises or contracts with the 
city. 4. Department of public safety; which shall have super¬ 
vision over the fire and police department, and all things con¬ 
nected therewith. 5. The department of public health and edu¬ 
cation, which shall have supervision over the public health and 
sanitation, and all matters pertaining thereto, and over the pub¬ 
lic schools, public library, and the administration of the educa¬ 
tional system of the city. The powers and duties pertaining to 
each of said departments shall be fixed by the commission ac¬ 
cording to the general plan above outlined, and one member of 
said commission shall be assigned to the head of each such de¬ 
partments, and shall supervise and control its operation subject 
to the authority of the commission, and shall exercise and per¬ 
form the powers and duties prescribed by this act, and such ad¬ 
ditional duties as may be designated by the said commission, 
and the assignment may be changed at any time by a majority 
of said commission. The president of the commission shall be 
the general executive officer of the city, and shall be charged 
with the general supervision and direction of its affairs; each 
commissioner acting as the head of the department to which he 
is assigned, shall give his entire time to the duties required of 
him as commissioner, and as the head of his department ; and 
the power and authority of such commissioner as head of his 
department shall be limited to the execution and enforcement 
of the laws and ordinances of such city pertaining to his de¬ 
partment, and the administration thereof, except the legislative 
powers which said commissioner shall have and may exercise at 
the regular or special meetings of said commission sitting as a 
legislative body. The commission shall establish office hours 
for each department, and all employees thereof, shall be present 
during such hours for the performance of their duties therein. 
Provided that health and quarantine matters shall be adminis¬ 
tered in accordance with the established public health system of 
the State, and such health laws as are now in force, or may 
hereafter be enacted, and also in accordance with such ordi¬ 
nances as are now in force, or may hereafter be legally enacted 
by said commission. 



798 


Sec. 12. Said commission shall hold regular public meetings 
on Tuesday of each and every week at a regular hour to be fixed 
by the order of said commission from time to time and publicly 
announced; it may hold such adjourned, called, special or other 
meetings as the business of the city may require. The president 
of the commission, when present, shall preside at all meetings of 
said commission. Three members of the commission shall con- 
titute a quorum for the transaction of any and every business 
which comes before it, and for the exercise of any and every 
power conferred upon said commission, and the affirmative vote 
of three members of said commission shall be necessary and suf¬ 
ficient for the passage of any resolution, by-law or ordinance or 
the transaction of any business of any sort by the said commis¬ 
sion, or the exercise of any of the powers conferred upon it by 
the terms of this act, or which may hereafter be conferred upon 
it, except that the vote of four members shall be required to pass 
an ordinance or resolution over the veto of the president. No 
resolution, by-law or ordinance granting any franchise, appro¬ 
priating any money for any purpose providing for any public 
improvements, enacting any regulation concerning the public 
comfort, the public safety or public health, or of any other gen¬ 
eral or permanent nature, except a proclamation of quarantine, 
shall be enacted except at a regular public meeting of said 
board, or an adjournment thereof. Every ordinance introduced 
at any and every such meeting, shall be in writing and read 
before any vote thereon shall be taken, and the yeas and nays 
thereon shall be recorded. All ordinances or resolutions shall 
be adopted by a majority vote of the commission. All or¬ 
dinances and all resolutions of a permanent nature after hav¬ 
ing been. adopted by the commission shall be submitted to 
the president, who shall if he approve the same, signify 
such approval by endorsement on such ordinance or res¬ 
olution within five days after the same shall have been submit¬ 
ted to him, and if he does not approve the same, he shall return 
the same to the commission with his veto, and his reasons there¬ 
for endorsed thereon, and such resolution or ordinance shall not 
thereafter become effective, unless at the following regular 
meeting of the commission, the four commissioners of such city 
shall vote in favor of the passage of such ordinance or resolu¬ 
tion, notwithstanding the veto of the president. A record of the 
proceedings of every meeting of the commission shall be kept in 
a well-bound book, and every resolution or ordinance passed by 
the commission must be recorded in such book, and the record 



799 


of the proceedings of the meeting shall be signed by the presi¬ 
dent of the commission, or by three commissioners before action 
shall be effective. Such record shall be kept available for in¬ 
spection by all citizens of such city at all reasonable times. No 
ordinance of permanent operation shall be passed at the meet¬ 
ing at which it is introduced, except by unanimous consent, and 
such unanimous consent shall be shown by the aye and nay vote 
entered upon the minutes of such meeting, provided, however, 
that if the president of the commission and all the commission¬ 
ers vote for the passage of the ordinance, and their names are 
so entered of record as voting in favor thereof, it shall be con¬ 
strued as giving unanimous consent to the action upon such 
ordinance at the meeting at which it is introduced. 

Sec. 13. At the first meeting of the commissioners provided 
for by this act, they shall designate by a majority vote one of 
their number as president pro tern, who shall have all the au¬ 
thority, and discharge all duties that devolve upon the president 
of the said commission during the absence of the president on 
account of illness, or any other cause. 

Sec. 14. No resolution, by-law or ordinance granting to any 
person, firm or corporation any franchise, lease or right to use 
the streets, public highways, thoroughfares, or public property 
of any city organized under the provisions of this act, either in, 
under, upon, along, through, or over same shall take effect and 
be enforced until thirty days after the final enactment of same 
by the board of commissioners and publication of said resolu¬ 
tion, by-law or ordinance in full once a week for three consecu¬ 
tive weeks in some daily newspaper published in said city, 
which publication shall be made at the expense of the persons, 
firm or corporation applying for said grant. Pending the pass¬ 
age of any such resolution, by-law or ordinance, or during the 
time intervening between its final passage and the expiration of 
the thirty days during which publication shall be made as above 
provided, the legally qualified voters of said city may, by writ¬ 
ten petition or petitions addressed to said board of commission¬ 
ers object to such grant, and if during said period such written 
petition or petitions signed by at least a thousand legally quali¬ 
fied voters of such city shall be filed with said board of commis¬ 
sioners, said board shall forthwith order an election, which shall 
be conducted by the election commission of such city, at which 
election the legally qualified voters of said city shall vote for or 
against the proposed grant as set forth in the said by-law, reso¬ 
lution or ordinance. In the call for said election, the said reso- 



800 


lution, by-law or ordinance making such grant shall be pub¬ 
lished at length and in full at the expense of the city in at least 
two newspapers published in said city by one publication. If at 
such election the majority of the votes cast shall be in favor of 
said ordinance and the making of said proposed grant, the same 
shall thereupon become effective; but if a majority of the votes 
so cast shall be against the passage of said resolution, by-law or 
ordinance and against the making of said grant, said by-law, 
resolution or ordinance shall not become effective, nor shall it 
confer any rights, powers or privileges of any kind, and it shall 
be the duty of the said board of commissioners after such result 
of said election shall be determined, to pass a resolution or ordi¬ 
nance to that effect. No grant of any franchise or lease or right 
of user, or any other right in, under, upon, along, through, or 
over the streets, public highways, thoroughfares or public prop¬ 
erty of any such city, shall be made or given, nor shall any such 
rights of any kind whatever be conferred upon any person, firm 
or corporation, except by a resolution or ordinance duly passed 
by the board of commissioners at some regular or adjourned 
public meeting and published as above provided for in this sec¬ 
tion ; nor shall any extension or enlargement of any such rights 
or powers previously granted be made or given except in the 
manner and subject to all the conditions herein provided for as 
to the original grant of same. It is expressly provided, how¬ 
ever, that the provisions of this section shall not apply to the 
grant of sidetrack or switching privileges to any railroad or 
street car company for the purpose of reaching and affording 
railway connections, and switch privileges to the owners or 
users of any industrial plant, store or warehouse; provided fur¬ 
ther that said side track or switch shall not extend for a greater 
distance than one thousand, three hundred and twenty (1,820) 
feet. 

Sec. 15. In every city which shall become organized accord¬ 
ing to the provisions of this act, any person desiring to become 
a candidate at any election for the office of president of the 
commission, or commissioner, may become such candidate by 
filing in the office of the judge of probate of the county in which 
such city is situated, a statement in writing of such candidacy, 
accompanied by an affidavit taken and certified by such judge of 
probate, or by a notary public, that such person is duly quali¬ 
fied to hold the office for which he desires to become a candidate. 
Such statement shall be filed at least twenty-one days before the 
day set for such election, and shall be in substantially the fol¬ 
lowing form: “State of Alabama (.County), I the 




801 


undersigned, being first duly sworn depose and say that I am a 
citizen of the city of.in said State and county, and re¬ 
side at.in said city; that I desire to become a candidate 

for the office of.in said city for the term of. 

years at the election for said office to be held on the.day 

of October next; that I am duly qualified to hold said office if 
elected thereto, and I hereby request that my name be printed 

upon the official ballot at said election. (Signed).; 

Subscribed and sworn to before me by said.on this. 

day of.19., and filed in this office for record on said 

day......Judge of Probate. 

Sec. 16. Said statement shall be accompanied by a petition 
signed by at least two hundred persons, who shall be qualified to 
vote at said election, requesting that such person become a can¬ 
didate for said office at said election. The signers to said peti¬ 
tion shall set forth their names in full, and their residence ad¬ 
dresses and said petition shall be in substantially the following 
form: “We, the undersigned, duly qualified electors of the city 

of.and residing at the places set opposite our respective 

names, do hereby request that the name of.be placed 

upon the official ballot as a candidate for the office of. 

in said city for the term of...years at the election to be 

held in this city on the.day of October next. We fur¬ 
ther state that we know said........to possess the qualifica¬ 

tions necessary for said office (and to be in our judgment a fit 
and proper person to hold said office). Witness our hands on 
this the.day of.19..” At every such elec¬ 

tion all ballots to be used by voters shall be printed and pre¬ 
pared by the election commission and at the expense of said city, 
and shall contain the names of all candidates placed in alpha¬ 
betical order directly underneath the words “For president of 
the commission” and “For commissioner” as the case may be. 
No name shall appear upon said ballot as a candidate for elec¬ 
tion except the names of such persons as have become candi¬ 
dates, according to provisions as above set forth; no ballot shall 
be used at any such election except the official ballot prepared 
by the election commission. 

Sec. 17. The president and other commissioners provided 
for in this act shall be twenty-five years of age at the time of 
their election, and shall be duly qualified electors of such city 
and they shall be elected by the vote of the legally qualified 
voters thereof. In case any person after he shall have been 
elected and duly qualified as president of the commission, or 
commissioner, shall be declared ineligible to hold such office, a 


26 GA 























802 


successor shall be chosen, as in the case of vacancy caused by 
death, resignation or any other cause. 

Sec. 18. Every person who shall be elected or appointed to 
the office of president of the commission, or commissioner, in 
any city organized, according to the provisions of this act, shall 
on or before the first Monday of November following his elec¬ 
tion, or on or before the following Monday of the month of his 
appointment, qualify by making oath that he is eligible for said 
office, and will execute the duties of same, according to the best 
of his knowledge and ability. Said oath may be administered 
by any person authorized to administer an oath under the laws 
of Alabama. 

Sec. 19. The qualified voters of any city organized under 
the provisions of this act, may at any time file with the election 
commission of such city at any regular meeting thereof, a peti¬ 
tion, or petitions asking for the resignation of the president of 
the commission, or any member of said commission. Such peti¬ 
tion shall contain a general statement of the grounds upon 
which the removal of said officer is requested, and each signer 
shall add after his signature, and opposite thereto, his resi¬ 
dence address. In case such petitions shall be signed by at 
least three thousand voters duly qualified to vote for successor 
to the officers sought to be recalled, a copy thereof shall be de¬ 
livered to the city commission and the said officer or officers 
shall not, on or before the next regular meeting of said board 
resign from office, then said election commission shall immedi¬ 
ately thereafter order an election to be held by the election 
commission not less than thirty days, nor more than forty days 
from date of said meeting, at which election a successor to such 
officer or officers to hold office for the unexpired term shall be 
voted for. At such election, the officer or officers sought to be 
recalled from office, shall be a candidate, and his or their name 
shall be placed upon the official ballot without any affirmative 
action on the part of such officer or officers. Notice of such 
election shall be given by publication once a week for three suc¬ 
cessive weeks in some newspaper published in said city. The 
person who shall be elected to such office or offices, shall hold 
the same for the unexpired term thereof, and if the person or 
persons so elected be the incumbent whose removal has been re¬ 
quested, then he or they shall continue in office, as though such 
petition had not been filed, or such election held. Should no 
candidate at such election receive a majority of the entire votes 
cast under the provisions of this section, another election shall 
be held on the same day of the following week for such office or 



803 


offices, at which the two candidates for each office receiving the 
highest number of votes for said office, shall be voted for. The 
candidate or candidates receiving the highest number of votes at 
such election shall be declared elected. Should the provisions 
as to the recall of commissioners contained in this act, or should 
any other section or provisions thereof, be held to be void or un¬ 
constitutional, it shall not affect or destroy the validity of this 
act, or of any other section or provision hereof, which is not it¬ 
self void or unconstitutional. 

Sec. 20. Whenever any vacancies shall occur in the office of 
president of the commission, or other commissioner of any city 
organized under the terms of this act, then a successor to such 
president or commissioner shall be elected by the remaining 
members of the commission. Every person who shall be elected 
t° fill any vacancy under the provisions of this section, or any 
other section of this act, shall qualify for office as soon as prac¬ 
ticable after the result of such election is declared, and shall be 
clothed with the duties and responsibilities and powers of such 
office immediately upon such qualification, and he shall hold 
office for the unexpired term of his predecessor. 

Sec. 21. The president of the commission of all cities organ¬ 
ized under the provisions of this act, shall receive an annual sal¬ 
ary of five thousand dollars, payable in monthly installments at 
the end of each month, and each commissioner of cities organ¬ 
ized under the terms of this act, shall receive an annual salary 
of four thousand dollars, payable in monthly installments at the 
end of each month, said installments to be paid at the same rate 
for any portion of the month during which the president or com¬ 
missioner shall hold office at the rate thus provided. 

Sec. 22. The employees of cities organized under this act 
shall be selected by the commissioners solely on account of their 
fitness and without regard to their political affiliations. It 
shall be unlawful to hold party caucuses or primaries for the 
purpose of nominating any employee to be selected by such com¬ 
missioners, and any person who shall solicit or accept a party 
nomination for any office to be filled by said commissioners, 
shall be thereby rendered ineligible for such office, or for any 
other office under said city for a period of one year thereafter. 

Sec. 23. It shall be unlawful for any candidate for office, or 
any officer in such city, directly or indirectly, to give or promise 
any person or persons, any office, position, employment, benefit 
or anything of value, for the purpose of influencing or obtaining 
the political support, aid or vote of any person or persons. 
Every commissioner elected by popular vote in any such city, 



804 


shall within thirty clays after qualifying, file with the judge of 
probate of the county, and the same shall be published at least 
once in a newspaper of general circulation in such city, his 
sworn itemized statement of all his election and campaign ex¬ 
penses, and by whom such funds were contributed. Any viola¬ 
tion of the provisions of this section shall be a misdemeanor, 
punishable by a fine of not more than three hundred dollars, 
and be a ground for removal from office. 

Sec. 24. No officer or employee elected or appointed in any 
such city shall be interested, directly or indirectly, in any con¬ 
tract for work or material, or the profits thereof, or services to 
be furnished or performed for the city, and no such officer or 
employee shall be interested directly or indirectly, in any con¬ 
tract for work or material, or the profits thereof, or services to 
be furnished or performed for any person, firm or corporation 
operating interurban railway, street railway, gas works, electric 
light or power plant, heating plant, telegraph line or telephone 
exchange within the territorial limits of said city. No such 
commissioner or other official of such city shall be interested in 
or any employee or attorney of any corporation operating any 
public service utility within said city. No such officer or em¬ 
ployee shall accept or receive directly or indirectly from any 
person, firm or corporation operating within the territorial 
limits of said city any interurban railway, railway, street rail¬ 
way, gas works, water works, electric light or power plant, 
heating plant, telegraph line, or telephone exchange, or other 
business using or "operating under a public franchise, any 
frank, free pass, free ticket or free service, or accept or receive, 
directly or indirectly, from any such person, firm or corpora¬ 
tion, any gift or other thing of value, or any service upon terms 
more favorable than are granted to the public generally. Any 
violation of the provisions of this section shall be a misdemean¬ 
or, and upon conviction thereof, the guilty person shall be pun¬ 
ished by a fine of not less than one hundred nor more than three 
hundred dollars, and may be imprisoned in the county jail for 
not more than ninety days. Every such contract or agreement 
shall be void. Such prohibition of free transportation shall not 
apply to policeman or fireman in uniform, nor to policeman in 
the discharge of their duty; nor shall any free service to city 
officials heretofore provided by any franchise or ordinance be 
affected by this section. Any officer or employee of such city, 
who, by solicitation, or otherwise, shall exert his influence, di¬ 
rectly or indirectly, to influence other officers or employees of 
such city to favor any particular person or candidate for office 



805 


as president of the commission, or commissioner of said city, or 
who shall in any manner contribute money, labor or other valu¬ 
able thing to aid in the election of any person as president of the 
commission, or commissioner of said city, shall be guilty of a 
misdemeanor, and upon conviction shall be punished by a fine 
not exceeding three hundred dollars, and may also be impris¬ 
oned in the county jail for a term not exceeding thirty days. 

Sec. 25. The commission shall each month print in pamph¬ 
let form a detailed statement of all receipts and expenses of the 
city, and a summary of its proceedings during the preceding 
month, and furnish printed copies thereof to the daily newspa¬ 
pers of the city and to persons who apply therefor. At the end 
of each year, the commission shall cause a full and complete ex¬ 
amination of all the books and accounts of the city to be made 
by competent accountants, and shall publish the result of such 
examination in the manner above provided for publication of 
statements of monthly expenditures. And the Governor is au¬ 
thorized at any time to have all the books and accounts of such 
city examined by a State examiner of public accounts, the cost 
of such examination to be paid by such city upon the presenta¬ 
tion to the president of the commission of such city, of a duly 
verified statement of such expenses made by such examiner of 
public accounts, approved by the Governor. 

Sec. 26. Any person offering to give a bribe either in money 
or other consideration to any voter for the purpose of influenc¬ 
ing his vote at any election provided in this act, or any voter 
entitled to vote at any such election, receiving and accepting 
such bribe or other consideration, any person making false 
answer to any of the provisions of this act, relative to his quali¬ 
fications to vote at said election, any person wilfully voting or 
offering to vote at such election who has not been a resident of 
this State for two years next preceding said election, or who is 
not twenty-one years of age, or is not a citizen of the United 
States, or knowing himself not to be qualified voter of such pre¬ 
cinct where he offers to vote, any person knowingly procuring, 
aiding or abetting any violation hereof shall be deemed guilty of 
a misdemeanor, and upon conviction shall be fined a sum not 
less than one hundred dollars nor more than five hundred dol¬ 
lars, and may be imprisoned in the county jail for not less than 
ten nor more than ninety days. 

Sec. 27. Any employee of any such city who solicits support 
for any candidate for commissioner, or any such employee who 
shall endeavor to influence any voter to vote for or against any 
candidate for commissioner, shall be deemed guilty of a misde- 



806 


meanor, and on conviction shall be fined not less than ten nor 
more than fifty dollars, and may also be imprisoned in the 
county jail for not more than ten days. Justices of the peace 
and judges of the inferior courts shall within their respective 
territories, have jurisdiction of this offense. 

Sec. 28. All general laws of this State regulating and pre¬ 
scribing the conduct of municipal elections and the qualifica¬ 
tions and registration of voters thereat, shall apply to elections 
hereunder, except so far as expressly modified herein. 

Sec. 29. The judge of the probate court of the county in 
which are located the cities covered by this act, shall record in a 
well-bound book kept for that purpose, all papers required to 
be filed with him under the terms of this act, and shall receive 
therefor the compensation allowed by law for recording deeds. 

Sec. 30. It shall be unlawful for any candidate for commis¬ 
sioner, or for president of the commission, or for any other per¬ 
son in his behalf, to hire or pay, or agree to pay, any person to 
solicit any votes at the polls in election, and unlawful for any 
person to accept such hire or make such contract for pay, to 
solicit votes for the president of the commission, or other com¬ 
missioner; any person violating this section shall be guilty of a 
misdemeanor, and may be punished by fine not to exceed five 
hundred dollars for each offense, and the candidate violating 
this section shall thereby be disqualified for and rendered ineli¬ 
gible for the office sought. 

Sec. 31. No candidate for the office of president of the com¬ 
mission, or other commissioner can lawfully expend more than 
one thousand dollars of his own funds, and the funds contrib¬ 
uted by others, in aiding his candidacy in any one election, a 
run-off to be treated as a separate election. Any person violat¬ 
ing the provisions of this section shall thereby be disqualified 
from holding said office, if successful, and his election may be 
contested on that ground. 

Sec. 32. The petitions provided by this act may be by a 
number of separate instruments as well as by one instrument. 
No person but a qualified voter shall sign any petition provided 
for by this act. And no person shall sign the name of another 
to any such petition whether with or without authority; and no 
person shall sign more than one separate instrument as a peti¬ 
tion for any single purpose herein provided. Any violation of 
the foregoing provisions of this section shall constitute a misde¬ 
meanor by a fine not to exceed three hundred dollars. No quali- 



807 


lied voter who has signed any petition provided for herein can 
withdraw his signature. All petitions provided for herein must 
bear the certificate of the judge of probate of the county in 
which such city is situated, that it has the number of signatures 
required by law of qualified voters, and it shall be the duty of 
said probate judge to hear and determine all questions as to the 
genuineness of signatures and the qualifications of voters sign¬ 
ing such petition before giving siich certificate; and such certifi¬ 
cate of the probate judge shall be final and conclusive. Should 
said probate judge decide that any such petition -was not signed 
by the required number of qualified voters, it shall be his duty to 
return said petition with the written statement of the details of 
its insufficiency to the persons presenting such petition, and 
such persons shall have ten days thereafter to have said petition 
signed as required by law, at the end of which time they shall 
again present such petition to the probate judge for re-examina¬ 
tion. For his services in passing on any such petition, the pro¬ 
bate judge shall receive from the person presenting such peti¬ 
tion for his examination the cost of the clerical work incident 
thereto, and twenty per cent of such amount. Security for the 
payment of such costs must be given at the time of the presenta¬ 
tion of such petition. 

Sec. 34. Should vacancies exist simultaneously from any 
cause hereinbefore provided for in three commissionerships so 
as to leave no quorum of said board to fill the same, an election 
to fill said vacancies shall be called by the election commission 
to be held not less than twenty nor more than thirty days from 
the occurrence of the second vacancy. Notice of said election 
and of the time of holding same shall be given by one publica¬ 
tion at least fifteen days in advance of the same in two or more 
newspapers published in said city at the expense of said city. 
The commissioners chosen at said election shall qualify as 
speedily as possible thereafter. 

Sec. 35. This act shall become operative upon the passage of 
this act, and its approval by the Governor. 

See. 36. That all laws and parts of laws, local, general or 
special in conflict with the provisions of this act. be and the 
same are hereby repealed. 

Approved September 25, 1915. 



808 


No. 709.) (S. 384— Kline. 

AN ACT 

To further regulate the relation of landlord and tenant, and contracts of hire 
with reference to agricultural lands. 

Section 1. Be it enacted by the Legislature of Alabama, 
That in any case in which a tenant of farm lands shall fail or 
refuse, without just cause or excuse therefor, to prepare the 
land and plant his crops, or a substantial portion of such of the 
crops to be grow r n as are usually planted by that time, on or 
before May first, he may, at the election of the landlord, be re¬ 
quired to surrender and vacate the rented premises, and upon 
making such election, and upon notice thereof to the tenant, the 
landlord may proceed to recover possession of the rented prem¬ 
ises by an action of unlawful detainer. 

Sec. 2. This act shall also apply to the owner of land and a 
person in possession thereof under a contract of hire as defined 
in section 4743 of the Code of 1907. 

Sec. 3. All laws and parts of laws in conflict with this act 
are hereby repealed. 

Approved September 25,1915. 


No. 7 H.) (S. 902—Winkler. 

AN ACT 

To provide for the payment of a salary to the State purchasing agent. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the State purchasing agent, provided for 
in an act of the Legislature, entitled an act “To provide for the 
purchase of blank books, stationery and office supplies, and 
material for use in and by the several State offices, bureaus, 
commissions, departments and boards other than the convict 
department and for the use of the Supreme Court, the Court of 
Appeals and the State and Supreme Court library,” which act 
was approved September 10th, 1915, be paid a salary of six 
hundred dollars per annum, to be paid monthly out of the State 
treasurv as other State officers are paid. 

Sec." 2. That all laws and parts of laws in conflict with 
this act be and the same are hereby repealed. 

Approved September 25,1915. 



809 


No. 712.) (S. 545—Lusk. 

AN ACT 

To further prescribe and regulate the qualifications, number, designation, 

duties, and powers of the circuit judges of the State, and to provide for 

their election and appointment. 

Be it enacted by the Legislature of Alabama: 

1. At the general election held in November, 1916, there 
shall be elected ten judges of the circuit court of the tenth cir¬ 
cuit; three judges for the circuit court of the thirteenth circuit; 
two judges for the circuit court of the eighth circuit; two judges 
for the circuit court of the fourteenth circuit ; two judges for the 
circuit court of the fifteenth circuit; two judges for the circuit 
court of the sixteenth circuit; and one judge for every other cir¬ 
cuit in the State, all of whom shall hold office for the term of 
six years. 

2. In circuits of more than one county having two judges, 
the judges may agree within thirty days after the date of their 
election which shall be the presiding judge, and, in the event 
they fail to reach such agreement within such time, that fact 
shall be certified by one or both of such judges to the chief jus¬ 
tice of the Supreme Court of Alabama, who shall thereupon des¬ 
ignate which of such judges shall be the presiding judge of the 
circuit, such agreement of designation to be entered upon the 
minutes of the court in each county constituting the circuit. 

3. In circuits having three or more judges, the judges shall 
select one of their number who shall be called the presiding 
judge who may designate one of the judges to preside in his ab¬ 
sence, and if the presiding judge does not designate a judge to 
preside, the other judges shall select one to preside in the ab¬ 
sence of the presiding judge. 

3A. In circuits composed of only one county for which more 
than three judges are porvided, the judges shall be numbered 
first, second, third, fourth, and so forth, consecutively, so that 
each judgeship shall be designated by a number, and the judges 
shall be so designated on the ballot used in the primary and gen¬ 
eral election; provided, that where a branch or division of the 
circuit court of such circuit is held at a place other than at the 
county site, the judge who shall preside over that division as of 
course, shall, in addition to his number, be designated bv the 
appropriate name of that division. The court of such circuits 
shall have three separate divisions, an equity division, a crim¬ 
inal division, and a law division; and the judge numbered one 



810 


shall sit in the equity division as of course, the judges numbered 
two and three shall sit in the criminal division as of course, and 
the remainder of the judges shall sit in the law division as of 
course; provided, that in such circuits where a branch or di¬ 
vision of the circuit court is held at a place other than at the 
county site the judge numbered fifth shall sit in that division as 
of course, and he shall preside over such division in the trial of 
all cases, whether equity, criminal, or law provided, further, 
however, that all the judges shall have equal power, authority 
and jurisdiction, and the presiding judge or the judge who may 
be acting as presiding judge in his absence may designate any 
of the judges from time to time to sit in any division other than 
that in which he sits as of course, whenever more judges are 
needed in such other division to dispose of the business therein; 
and it shall be the duty of the judges by vote of the majority 
thereof to make rules which shail be entered in full on the min¬ 
utes of the court as they are made or amended, defining the 
powers and duties of the judges in the several divisions, and 
other matters requiring special rules of court; and except in so 
far as every judge is authorized by the constitution to direct the 
issue of original writs, the several judges shall act in conformity 
with such rules. In circuits which have more than three judges, 
there shall be, in addition to the clerk and the register in chan¬ 
cery of such court, one assistant law clerk and one assistant 
criminal clerk, which said clerks shall, as of course, perform 
duties respectively in the law division and criminal division of 
such court, and in the absence of the clerk of said court shall 
exercise all the authority and perform all the duties of the clerk 
of said court. The provisions of this section shall not be con¬ 
strued to in any manner limit the number of deputies that may 
be necessary for the transaction of the business of such court. 
The salary or compensation of the assistant clerks in this sec¬ 
tion provided for shall be fixed and paid in the same manner 
and from the same source as are the salaries or compensation of 
the deputy clerks of such circuit court. 

4. The presiding judge in circuits composed of one county 
shall on every Monday call all cases in which service has been 
had on the defendant for thirty days as provided by law, and 
shall, if no plea, special appearance, motion, or demurrer has 
been filed therein, render judgment by default. 

5. The presiding judge may also grant all ex parte orders, 
or orders that are not resisted, and may draw and empanel all 
juries. 



811 


6. The presiding judge may hear all arguments on the plead¬ 
ings in every case and when an issue is arrived at, must mark it 
“At issue” and order it placed on the proper docket for trial. 

7. The presiding judge shall classify the cases and assign 
those of one class to one docket and those of another class to 
another docket, and shall assign all appeal and certiorari cases 
in which no jury is demanded, to the docket of cases to be tried 
without a jury, and shall take care to so arrange the dockets as 
that every judge may have a docket on which are enough cases 
to occupy his full time for the week, and that no more cases are 
set for any judge to try than he can probably try, or dispose of. 

8. No case shall be set for trial, nor witnesses summoned 
therein, unless otherwise ordered by the court or judge, or pro¬ 
vided for by rules of court spread on the minutes, until the 
pleadings have been settled; provided, however, this section 
shall not apply in circuits composed of only one county having 
two or more judges. 

9. In order to expedite business the presiding judge may 
require other judges to hear the pleadings in cases assigned to 
them, and may assign to any of them the duty of drawing and 
empanelling the juries, while the presiding judge is otherwise 
engaged. 

10. The presiding judge shall from time to time, as may be 
necessary, change the order of business as experience shows will 
expedite the transaction of the business of the court, and shall 
change the assignments of the different dockets to the judges to 
obtain the quickest dispatch of business, so that every judge 
shall do his full share of the work. 

11. All cases in equity shall be entered on a separate docket, 
to be kept by a register to be appointed as provided herein, and 
all causes in equity, shall proceed, and be determined according 
to the rules and principles governing the proceedings in equity 
courts. 

12. There shall be a register of the circuit court of each 
county to be appointed as follows: where there is only one judge 
of the circuit the register shall be appointed by such judge; 
where there are more judges than one, the presiding judge shall 
appoint the register. The register shall hold office for the term 
of the judge appointing him, but subject to removal at the 
pleasure of the judge by order entered on the minutes of the 
court; the register shall give bond in the sum, and payable, and 
conditioned as the bonds of registers in chancery are required 
on the date of the approval of this act; the register shall per¬ 
form all the duties heretofore required of registers in chancery 



812 


by law; he shall have the power to render decrees pro confesso 
on any Monday in all cases in which service has been perfected; 
and shall be entitled to receive all the fees prescribed for regis¬ 
ters in chancery; provided, that in circuits composed of only one 
county having three or more judges that the judge numbered 
first shall appoint the register in chancery. 

13. There shall be empanelled in every county having less 
than fifty thousand population, not less than two grand juries 
in every year, and when they have completed their labors, in its 
discretion the court may permit them to take a recess subject to 
the call of any judge of the circuit court, or the supernumerary 
judge, or chief justice of the Supreme Court, and may be re¬ 
assembled at any place where the circuit court of the county is 
to be held. In all counties having over fifty thousand popula¬ 
tion, there shall be empanelled not less than four grand juries 
in every year. 

14. All judges shall take care that every prisoner in jail 
shall have an opportunity to give bail, in cases in which the 
prisoner is entitled to bail, and may approve any bond present¬ 
ed to him, at any time, which in his judgment is reasonably 
good, and may in his discretion release on his own recognizance 
any prisoner charged with a misdemeanor. 

15. The presiding judge shall exercise a general supervision 
of the judges, clerks, registers, bailiffs and sheriff, and see that 
they attend strictly to the prompt, diligent discharge of their 
duty. 

16. Civil cases requiring juries or witnesses need not be set 
for trial during Christmas week. Any judge shall, whenever he 
deems it necessary, call on the chief justice of the Supreme 
Court to assign one or more judges to relieve the judges who 
need assistance in clearing the dockets, civil and criminal. 

17. In counties having a population of more than fifty thou¬ 
sand the presiding judge shall have all appeals from any munic¬ 
ipal court entered on a separate docket to be kept for such cases 
only, and it shall be the duty of the municipalities to furnish 
attorneys sufficient in number to attend to the prompt disposi¬ 
tion of all such appeals, and to see that they are not allowed to 
accumulate. 

18. That in all primary elections held for the nomination of 
candidates for circuit judges to be voted for at the general elec¬ 
tion to be held on the first Tuesday after the first Monday in 
November, 1916, all persons shall be entitled to participate and 
be eligible for nomination as candidates for circuit judge in 
such primaries who will be qualified electors of the circuit at 



813 


the time of such succeeding general election and who otherwise 
possess the qualifications prescribed by the Constitution and 
the laws of the State for circuit judges. 

19. That it shall be the duty of the presiding judge, as far 
as practicable, to cause all appeals from the county courts, in¬ 
ferior courts, and municipal courts to be set and tried as pre¬ 


ferred cases. 

20. In circuits composed of one county and having two 
judges, the courts of said circuit shall be open for the transac¬ 
tion of business every day in the year except Sunday, days that 
have been declared holidays by the Legislature of Alabama, and 
such davs as the court by order entered on the minutes shall 
designate. That said circuit shall be divided into two divisions 
to be known as the first division and the second division; and 
each of said divisions shall be presided over by one of the judges 
of said circuit. The judge receiving the highest number of votes 
in the general election shall be known as the presiding judge ot 
said court, and shall preside over the first division of said cir- 
cuit, and the other judge shall be known as the associate judge 
of said court, and shall preside over the second division of said 
circuit. If said judges shall receive the same number ot votes 
in the general election, then the said judges shall agree over 
which division each shall preside, and shall enter an older o 
that effect upon the minutes of each division of said court. If 
unable to agree, this fact shall be certified to the chief justice of 
the Supreme Court of Alabama by either of said judges, and 
said chief justice shall thereupon designate which judge shall 
preside over each division, and this action of the chief justice 
shall thereupon be entered upon the minutes of each division, 
and shall have the force and effect of an order of said court. 
The judge of each division shall by an order entered oni the min¬ 
utes of the division, designate the day on which the docket ot 
civil, criminal, and equity cases to be tried in the division over 
which each of said judges preside, shall be called; the days 
when the cases for trial with and without juries shall be called; 
the days when criminal cases shall be called for trial, and t e 
davs when the docket of equity cases shall be called, and may 
from time to time, as experience dictates, change the order oi 
times when these dockets will be called; provided that no cases, 
except equitv cases and criminal cases wherein the defendant is 
confined in jail, shall be tried during the months of July and 
August of each year. All civil and equity cases pending in said 
first division shall be called during the months of January, 
March, May, July, September and November of each year, at 



814 


such times as the judge of said division may designate; all civil 
and equity causes pending in the second division shall be called 
during the months of February, April, June, August, October 
and December of said year at such times as the judge of said 
division may designate, except as herein otherwise "provided. 
, e grand juries may be empanelled and criminal cases may 
>e set for trial by the judges of either division at such times as 
le sees fat, and nothing herein shall be construed as limiting the 
tune when the judge of either division may empanel the grand 
jury, or set for trial the docket of criminal cases pending in his 
division; and the judge of each division shall empanel not less 
than two grand juries in every year, and may, if he sees fit, em¬ 
panel said grand juries during such months as his division is 
not, open for the trial of civil and equity causes. Parties shall 
have the right to commence actions in either division of said cir¬ 
cuit, and all actions shall be continued until finally disposed of 
in the division in which originally begun; provided, that bv con 
sent of the parties, any cause may be transferred from one di¬ 
vision to the other. 

21. If any section, clause, or provision of this act shall be de- 
c ared invalid or unconstitutional, it shall not affect aru' other 
section, clause, or provision thereof. 

Approved September 25, 1915. 


No - 715 -) (S. 824-Denson. 

AN ACT 

To appropriate the sum of $330.90 to reimburse certain members of Gov¬ 
ernor s staff and to relieve certain members of Governor’s staff. 

Section 1. Be it enacted by the Legislature of Alabama. 
That the sum of $330.90 be and the same is hereby appropriated 
out of the general fund in the State treasury, not otherwise 
appropriated, to reimburse those members of the Governor's 
staff, who, acting under orders from the Governor, accompanied 
him to. Washington, D. C., to attend officially and participate 
in the inauguration of President Woodrow Wilson on March 4, 
1913, and who, by suit, have been required to return to the 
State of Alabama the money they paid out for their necessary 
expenses incurred in attending said inauguration; and that the 
auditor of the State of Alabama, upon this bill becoming a law 7 , 
be and is hereby required to draw his warrant for the actual 
expenses of such, members of the Governor's staff on the presen¬ 
tation to him of itemized sw 7 orn statement of such expenses. 



815 


Sec. 2. That those members of the Governor’s staff who ac¬ 
companied him under orders, to Washington, D. 0., to attend 
officially and participate in the inauguration of President 
Woodrow Wilson on March 4, 1913, and who have not hereto¬ 
fore reimbursed the State of Alabama for their expenses which 
they have received from the State of Alabama, be and the same 
are hereby relieved from any liability to the State of Alabama 
on account of such expenses. 

Approved Sept. 25, 1915. 


No. 716.) (S< 549—Lusk. 

AN ACT 

To amend section 5364 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama : 

Section 1. That section 5364 of the Code of Alabama be and 
the same is hereby amended so as to read as follows: 5364. 
Charges moved for by the parties.—Charges moved for by either 
party must be in writing, and must be given or refused in the 
terms in which they are written; and it is the duty of the judge 
to write “given” or “refused,” as the case may be, on the docu¬ 
ment, and sign his name thereto; which thereby becomes a part 
of the record, and charges which are given must be taken by the 
jury with them on retirement, and those refused must be re¬ 
tained by the clerk. The court shall after the conclusion of 
his charge to the jury read such written charges as he has 
given for the parties in a clear and audible voice, saying to the 
jury, “these are instructions given you by the court at the re¬ 
quest of the plaintiff or defendant, as the case may he, and are 
correct statements of the law to be taken by you in connection 
with what has already been said to you.” The refusal of a 
charge though a correct statement of the law shall not be cause 
for a reversal on appeal if it appears that the same rule of law 
was substantially and fairly given to the jury in the court’s 
general charge or in charges given at the request of parties. In 
case of appeal the charges must be set out in the transcript in 
the following manner: 1. The charge of the court. 2. The 

charges given at the request of the plaintiff or the state. 3. The 
charges given at the request of the defendant. 4. The charges 
refused to the appellant. It shall not be necessary to set out 
the charges in the bill of exceptions or state therein that an 
exception was reserved to the giving or refusing of charges re- 



816 


quested, but it shall be presumed that each charge was separate¬ 
ly requested and a separate exception reserved as to the giving 
or refusal thereof. Every general charge shall be in writing, 

or be taken down by the court reporter as it is delivered to the 
jury. 

Approved September 25, 1915. 


No. 718.) 


AN ACT 


(S. 528—Lee. 


To amend sections 5957 and 5960 of the Code. 

Be it enacted by the Legislature of Alabama: 

1- That section 5957 of the Code be amended so as to read: 
5957. That regular terms of the Supreme Court and Court of 
ppeals shall commence on the first Monday of October in each 
year and continue until and including the last day of .Tune of 
the ensuing year; but the court may, in its discretion, adiourn 
from time to time. 

2. That section 5960 of the Code be amended so as to read 
as follows: During the sitting of the court all cases at issue 
may be submitted at any time without oral argument by consent 
of the parties or upon ten days notice to the opposite party or 
his counsel of record, which notice shall specify the date upon 
which the case is to be submitted. The court may, in its discre¬ 
tion, permit oral argument at the time of such submission. 

Approved September 25 1915.' 


®°- 719 -) (S. 551—Lusk. 

AN ACT 

To amend section 3022 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

1. That section 3022 of the Code of Alabama be, and the 
same is hereby amended to read as follows: 3022. When bill 
established before a judge of the Supreme Court.—If the judge 
before whom a cause is tried, dies, resigns, is removed from 
office, or is out of the State, or the county in which the cause 
was tried, or from sickness is unable to accept a presentation 
and order a day for settling the bill, or his term of office expires 



817 


before the bill is presented within the ninety days the bill of 
exceptions may be filed with the clerk of the court where the 
case was tried, or if from those, or any other cause, such judge 
does not settle and sign a bill of exceptions duly presented to 
him, the bill of exceptions may be settled and established by or 
before the chief justice, or any one of the associate justices of 
the Supreme Court in manner following: If the bill is filed with 
the trial judge or the clerk of the trial court and is not settled 
and signed within the ninety days as prescribed in section 3019 
of this Code, the same may then be presented to the chief justice, 
or any one of the associate justices of the Supreme Court within 
ninety days after such presentation to the trial judge, or clerk, 
and such chief justice or associate justice shall endorse thereon 
the true date of presentation to him, and fix a time and place 
for hearing the matter of settling and signing such bill and 
prescribe the notice to be given the counsel for the opposite 
party and on such hearing said chief justice, or associate justice, 
shall make an order establishing the bill of exceptions, as set¬ 
tled, and shall attach the same to such bill and date and sign 
the same, which must be within thirty days from the time pre¬ 
sented to him, unless longer time be granted, and this shall be 
the bill of exceptions. Provided, however, where parties, or 
their attorneys agree on a bill of exceptions, the judge shall ap¬ 
prove and sign the same immediately. 

Approved September 25, 1915. 


No. 720.) (S. 506—Milner. 

AN ACT 

To provide for the election of a solicitor for each judicial circuit in the 
State; to fix his compensation; authorize the appointment or election 
of deputy solicitors and assistant solicitors, prescribe their duties and 
authority, and fix their compensation. 


Be it enacted by the Legislature of Alabama: 

1. That at the general election to be held on the first Tues¬ 
day after the first Monday in November, 1916, there shall be 
elected in every judicial circuit in which there is no circuit 
solicitor residing, a solicitor for that circuit, who shall hold his 
office until the first Monday after the second Tuesday in Janu- 
ary, 1919, and until his successor is elected and qualified. Pro¬ 
vided that if in any circuit composed of only one county, there 
is no circuit solicitor residing at the time of the passage of this 
act, but there is a county solicitor or solicitor of a city court or 



818 


law and equity court who was elected at the general election in 
November, 1914, he shall be and become the circuit solicitor of 
said circuit on and after the first Monday after the second Tues¬ 
day in January, 1917, and shall hold office until the first Mon¬ 
day after the second Tuesday in January, 1919. In all circuits 
composed of only one county, and in which there are more than 
three judges, and in which the circuit court is held at the county 
site and at some other place in the county and the cases arising 
in a designated portion of the county are tried at a place other 
than the county site and the cases arising in the remaining 
portion of the county are tried at the county site, there shall 
also be elected by the qualified electors of that portion of the 
county wherein the cases arise that are tried at the place of 
holding the circuit court other than at the county site a deputy 
solicitor of such circuit who shall at the time of his election and 
during his term of office reside in the territory from which he 
is elected, and who shall hold office for the same term as the 
solicitors whose elections are provided for in this section, and 
who shall, in the absence of the circuit solicitor, discharge the 
same duties and exercise the same authority within the terri¬ 
tory from which he is elected as if he were solicitor; and he 
shall receive a salary of twenty-four hundred dollars ($2,400.- 
00) per annum, payable out of the State treasury as the salaries 
of solicitors are paid; and who shall be under the supervision of 
the circuit solicitor of such circuit; and who may, when not 
engaged in the discharge of his official duties in the territory 
from which he is elected, perform the duties and exercise the 
authority of deputy or assistant solicitor in the circuit court 
held at the county site. 

Sec. 2. That at the general election held on the first Tues¬ 
day after the first Monday in November, 1918, and every four 
years thereafter there shail be elected a solicitor for every judi¬ 
cial circuit in this State who shall hold office for the term of 
four years and until his successor is elected and qualified. In 
all circuits composed of only one county and in which there 
are more than three judges and in which a circuit court is held 
at the county site and at some other place in the county, and 
the cases arising in a designated portion of the county are tried 
at a place other than the county site and the cases arising in the 
remaining portion of the county are tried at the county site, 
there shall also be elected by the qualified electors of that por¬ 
tion of the county wherein the cases arise that are tried at the 
place of holding the said court other than the county site, a 
deputy solicitor of said circuit court, who shall at the time of 



819 


his election and during his term of office, reside in the territory 
from which he is elected and who shall hold office for the same 
term as a solicitor of such circuit, and who shall in the absence 
of the circuit solicitor discharge the same duties and exercise the 
same authority within the territory from which he is elected as 
if he were a solicitor and said deputy solicitor shall receive a 
salary of twenty-four hundred dollars ($2,400.00) per annum, 
payable out of the State treasury as the salaries of solicitors 
are paid. 

Sec. 3. Every solicitor elected under the provisions of this 
act shall perform all such duties and exercise all such powers 
as may be prescribed by law and receive an annual salary of 
two thousand four hundred dollars ($2,400.00), payable month¬ 
ly out of the State treasury; provided that in circuits that are 
composed of only one county and in which there are more than 
three judges the salary of the circuit solicitor shall be forty-five 
hundred ($4,500.00) per annum, twenty-four hundred dollars 
($2,400.00) of which shall be paid out of the State treasury as 
other circuit solicitors are paid, and the remainder shall be paid 
out of the county treasury of such county in equal monthly 
installments on the warrant of such solicitor. 

Sec. 4. The several circuit solicitors, except as otherwise 
provided by law, shall appoint a deputy solicitor in each county 
of his circuit to represent the State in all cases in the county 
court and inferior courts and all preliminary proceedings, ap¬ 
plications for bail and habeas corpus proceedings in all courts, 
aid or act for the circuit solicitor before the grand jury and in 
all matters in the circuit court when requested to do so by the 
circuit solicitor, and perform all the duties of the circuit solici¬ 
tor in his absence when so directed by the circuit solicitor, and 
such deputies may be removed by the circuit solicitor at pleas¬ 
ure. Provided, that where a county solicitor has been elected in 
any county in any circuit composed of more than one county and 
not more than four counties, he shall become the deputy solicitor 
of the county, and no deputy solicitor shall be appointed in such 
county until the expiration of the term for which such county 
solicitor was elected. Provided, that in counties in circuits com¬ 
posed of more than one county and not more than four coun¬ 
ties, where there is now a county solicitor whose salary is paid 
by the county and who also acts, or who has acted, as solicitor 
for the law and equity court in said county, such county solicitor 
shall hold office as such county or deputy solicitor for the term 
for which he was appointed or elected, and shall receive the 
same compensation as is now provided by law to be paid by the 



820 


county; provided, that thereafter the deputy solicitor of such 
county shall be appointed by the circuit solicitor as herein pro¬ 
vided. Provided, further, that in counties in circuits where 
there is now a solicitor of the law and equity court, and no cir¬ 
cuit court prior to January 1st, 1915, the solicitor of said law 
and equity court shall be the deputy or county solicitor in said 
county until the first Monday after the second Tuesday in Janu¬ 
ary, 1919, at a salary of eighteen hundred dollars ($1,800.00) 
per annum, said salary to be paid by the county in the manner 
that deputy or county solicitors are paid as herein provided. 

Sec. 5. There shall be paid out of the county treasury, 
except as herein otherwise provided, to the deputy solicitor of 
the county an annual salary, in equal monthly installments, of 
five hundred dollars ($500.00) in counties having less than 
twenty thousand population, according to the last preceding 
Federal census; and in counties having twenty thousand popu¬ 
lation and less than thirty thousand, six hundred dollars ($600.- 
00; and in counties having thirty thousand and less than forty- 
five thousand population, nine hundred dollars ($900.00) ; and 
in counties having more than forty-five thousand population and 
not exceeding seventy-five thousand population, twelve hun¬ 
dred dollars ($1,200.00), which shall be in lieu of all fees or 
compensation allowed by law to such county solicitor, and the 
payment of said salary to be by warrant of the probate judge of 
the county drawn on the treasurer thereof, the population to be 
determined by the last Federal census preceding the time of the 
payment of the salaries. Provided, that in counties where cir¬ 
cuit or county court is held at more than one place in said 
county the deputy solicitor shall receive an annual salary of 
seven hundred fifty dollars ($750.00), payable in the same man¬ 
ner as other deputy solicitors are paid. Provided, however, 
that in circuits of more than one county and not more than 
three, and having two judges, and there is now a solicitor of the 
law and equity court in any such county who is receiving for his 
services fees for prosecuting criminal cases in such law and 
equity court, such solicitor shall, until the expiration of his 
present term, be the sole deputy solicitor of such county and 
during such time shall receive all solicitors fees paid into the 
county treasury on account of convictions that may be had in 
the county court of such county. And provided further, that 
in all counties not herein otherwise provided for, other than in 
circuits of five counties having two judges, in which there is 
now a law and equity court, or court of like jurisdiction having 
a solicitor whose term will not expire before the first Monday 



821 


after the second Tuesday in January, 1917, such solicitor until 
the expiration of his present term shall be the sole deputy so¬ 
licitor for the county and shall receive as compensation for his 
services all solicitor’s fees collected for convictions in the coun¬ 
ty court. The payment of all fees to be received by deputy solici¬ 
tors hereunder shall be by warrant of the probate judge of the 
county, drawn on the treasurer thereof. Where an appeal is 
taken to the circuit court from a conviction in the county court 
and a conviction follows in the circuit court, the solicitors fee 
shall be paid to the deputy solicitor or into the county treasury, 
as herein provided. In circuits of one county having one judge 
and a population of 45,000 or more where there is now a county 
court or city court with the jurisdiction of a circuit court, and 
having a solicitor elected bv the qualified electors of such coun¬ 
ty, whose term of office will not expire by the first Monday af¬ 
ter the second Tuesday in January, 1917, such solicitor, until 
the expiration of his present term, shall be the sole sole deputy 
solicitor for the county and receive as compensation for his 
services all solicitor’s fees collected for convictions in the county 
court; provided that such deputy solicitor shall not receive fees 
in excess of the salary he is now receiving as solicitor of the 
county or city court; and provided further that at the expira¬ 
tion of the time for which such county or city court solicitor, 
so acting as deputy solicitor, was elected to serve, the circuit 
solicitor in such circuits shall have the right to appoint a dep¬ 
uty solicitor whose salary shall be twelve hundred dollars 
($1,200.00) a year, paid by the county. 

Sec. 6. In counties which alone constitute a circuit and 
which have less than forty-five thousand population according 
to the last or any subsequent Federal census in which there is 
only one judge, there shall be no deputy solicitor, but the cir¬ 
cuit solicitor shall himself perform all the duties of circuit and 
county solicitor in such counties. In circuits composed of only 
one county and having two and not more than three judges the 
circuit solicitor shall receive an annual salary of $3,600.00, 
$2,400.00 of which shall he paid by the State, and the remaining 
$1,200.00 shall be paid by the county in monthly installments 
upon the certificate of the president of the board of revenue, and 
the deputy solicitor shall receive an annual salary of $1,800.00 
per annum, $1,200.00 of which shall be paid by the State, and 
the remaining $600.00 shall be paid bv the county on certificate 
of the president of the board of revenue. In circuits having 
more than three judges the circuit solicitor may appoint not 
exceeding three deputy solicitors who shall be paid the following 



822 


salaries: for the first, deputy $3,600.00 per annum, and for the 
other two $2,400.00 per annum each; $2,400.00 annually of the 
salary of the first deputy, and $1,800.00 annually of the salary 
of each of the other deputies to be paid out of the State treasury 
as the salaries of the circuit solicitors are paid, and $1,200.00 
annually of the salary of the first deputy and $600.00 annually 
of the salary of the other deputies to be paid out of the treasury 
of the county in monthly installments on warrants drawn on 
the treasurer by the circuit solicitor in favor of said deputies. 
In circuits composed of one county having three circuit judges, 
the board of revenue or court of county commissioners of each 
of said counties of the State shall supplement out of the revenue 
of such county the salary of the solicitor of such circuit so as to 
make the total annual salary of such circuit solicitor $4,500.00 
per annum to be paid monthly in equal installments, the idea 
and intention hereof being to empower and direct such board of 
revenue or court of county commissioners to pay out of the 
funds of the county in the same manner as the salaries of 
county officers or employees are paid to the solicitor for such 
circuit an amount necessary, when added to the salary paid 
said solicitor by the State, as herein provided for, to equal a 
salary of $4,500.00 per annum. The treasurer of such county 
is hereby directed to honor and pay to the solicitor such amount 
as herein provided for. The amount herein supplemented shall 
be paid monthly in equal installments. Nothing in this act 
shall be construed so as to alter, change, or repeal any local law 
providing for an assistant solicitor in any county composing a 
judicial circuit with three circuit judges. In any county com¬ 
posing a judicial circuit with three circuit judges, where there 
is now an assistant solicitor, the local act creating such posi¬ 
tion as assistant solicitor is not repealed or altered by this 
act, but such act shall continue in full force and effect, and the 
provisions of this act relating to assistant solicitors or deputy 
solicitors shall not relate to or affect any county comprising 
one judicial circuit with three circuit judges; provided, how¬ 
ever, that $1,200.00 of the annual salary of such assistant solici¬ 
tor as provided for in the local act creating the office shall be 
paid by the State, and the remainder of the salary of such assist¬ 
ant solicitor shall be paid by the county. 

Sec. 7. For every conviction of a misdemeanor in the coun¬ 
ty courts or inferior courts there shall be taxed and collected as 
a part of the costs and paid into the county treasury the same 
solicitors’ fees provided for convictions in such cases in the 
circuit court; and on appeal to the circuit court, the same shall 



823 


be taxed as a part of the costs in addition to the solicitors’ fee 
taxed for such conviction in the circuit court, and this solicitors’ 
fee previously taxed in the county court or inferior court, shall 
be paid when collected into the county treasury. 

Sec. 8 . That if any section, clause or provision of this act 
shall be declared to be unconstitutional it shall not be held to 
affect any other section, clause or provision but the same shall 
remain in full force and effect. 

Sec. 9. This act shall, for the purpose of the election pro¬ 
vided for herein to be held on the first Tuesday after the first 
Monday in November, 1916, take effect on its approval, and for 
all other purposes this act shall become effective on the first 
Monday after the second Tuesday in January, 1917. 

Sec. 10. All general, local or special laws establishing the 
office of county solicitor or the office of solicitor of any court 
by whatsoever name called, except circuit solicitors, and all 
general, local or special laws in conflict with any of the provi¬ 
sions of this act are hereby expressly repealed; and all provi¬ 
sions of such local act or acts, as well as all of the provisions 
of all other local or special acts applicable to such county 
solicitor or solicitors of any court in such county, which are not 
in conflict herewith are hereby made applicable in all things 
to the circuit solicitor of the county where such local acts apply 
just as fully and to the same extent as they now apply to such 
county solicitor or the solicitor of any court in such county. 
Provided, however, that in circuits of one county having more 
than three judges and having a county solicitor elected by the 
qualified electors of the county, such solicitor shall until the 
first Monday after the second Tuesday in January, 1919, be the 
chief prosecuting officer of the county, and during such time 
continue to receive the same salary and from the same source 
as at the time and approval of this act, and exercise all the 
powers now conferred upon him by existing laws. 

Approved September 25, 1915. 


No. 721.) (S. 315 —Higgins. 

AN ACT 

To amend section 3317 of the Code of Alabama, 1907. Relates to the pub¬ 
lication of receipts and disbursements, by counties. 

Be it enacted by the Legislature of Alabama: 

Section 1 . That section 3317 of the Code of Alabama, 1907, 
be amended so as to read as follows: 3317. (962) (830) (750) 



824 


Publication of receipts and disbursements. It shall be the duty 
of the court of county commissioners to make a semi-annual 
publication on the first day of January and July of each year, 
on a newspaper published in the county, of an itemized report, 
showing the receipts and expenditures of money for the county, 
specifying particularly the sources from which received, and the 
purpose for which expended. 

Sec. 2. That if the said commissioners court shall fail to 
make the said publication, as required by this act each member 
composing said court who votes against said publication, is 
hereby made subject to a penalty of fifty dollars to be collected 
by suit, and it is made the duty of the circuit or county solicitor 
to bring said suit, and prosecute the same, in the name of the 
county as plaintiff. Provided that the compensation to be paid 
for the publication herein provided for, shall not exceed one 
hundred dollars in counties of less than forty thousand popu¬ 
lation, according to the last or any subsequent Federal census. 

Approved September 25, 1915. 


No. 722.) (S. 518—Lee. 

AN ACT 

To amend section 5359 of the Code. 

Be it enacted by the Legislature of Alabama : 

1 . That section 5359 of the Code be amended so as to read: 
5359. All civil cases at law, shall be tried and determined by 
the court, without a jury unless the plaintiff at the time of filing 
his complaint endorses thereon a demand for a trial by a jury 
or unless the defendant at the time of filing his initial pleading 
endorses thereon a demand for a trial by a jury. Either party 
to a cause tried by the court without the intervention of a jury, 
may present for review the finding of the court on the evidence, 
and the Supreme Court, or Court of Appeals shall review the 
same with no presumption in favor of the finding of the trial 
court on the evidence, and if there be error, shall render such 
judgment as the court below should have rendered, or reverse 
and remand the cause for further proceedings as the Supreme 
Court or Court of Appeals may deem right. The finding of the 
court on the evidence shall be subject to review without an ex¬ 
ception thereto. 

Approved September 25, 1915. 



825 


No. 723.) ( s - 515—Lee. 

AN ACT 

To amend section 5346 and repeal section 5347 of the Code of Alabama of 

1907. 

Be it enacted by the Legislature of Alabama, as follows: 

1. That section 5346 of the Code of Alabama of 1907 be 
amended so as to read as follows: Section 5346: When the 
summons, writ of attachment, or other process has been exe¬ 
cuted on the defendant, or service perfected on him as required 
by law, either in term time or vacation, the defendant shall ap¬ 
pear and plead, answer or demur thereto within thirty days, 
or be in default, and on motion of the plaintiff, judgment by 
default may be rendered against the defendant. The court may 
by rule entered on the minutes of the court prescribe the time 
and manner of calling cases for judgment by default. 

2. That section 5347 of the Code of Alabama of 1907 be and 
the same is hereby repealed. 

Approved September 28, 1915. 


No 724.) (S. 525—Lee. 

AN ACT 

To regulate inferior courts in cities having more than 35,000 population, 
according to the last or any subsequent Federal census, to prescribe 
the jurisdiction of such courts, and provide for the number and com¬ 
pensation of the judges for such courts and to provide for the appoint¬ 
ment and compensation of the clerks and assistant clerks thereof, and 
to abolish the office of justice of the peace in such cities. 

Be it enacted by the Legislature of Alabama, as follows: 

Section 1. That in all cities of the State of Alabama now 
having, according to the last or any subsequent Federal census, 
a population of 35,000 inhabitants or more, the offices of the 
justice of the peace of precincts lying within or partly within 
such cities, is hereby abolished and the jurisdiction exercised by 
such justices of the peace is hereby conferred upon the inferior 
courts or courts of common pleas created in lieu of the justices 
of the peace, which courts have heretofore been established in 
such cities whether with or without a jury trial, and whether a 
court of record or not. 

Sec. 2. That such inferior courts or courts of common pleas, 
shall have jurisdiction in all civil matters, of which the justices 
of the peace have jurisdiction under the law in all precincts 



82G 


lying within or partly within the limits of said city, wherein 
such court is established and jurisdiction concurrent with the 
circuit court of all misdemeanors, but shall try all persons 
charged with misdemeanors without a jury and shall not be a 
court of record; provided, however, that in cities of 100,000 pop¬ 
ulation or more, according to the last or any subsequent Federal 
census, such courts shall not have jurisdiction of the violations 
of any prohibition laws. 

Sec. 3. The judges of such inferior courts, or courts of 
common pleas, by whatsoever name such courts are named or 
called, shall, where there is mox*e than one such judge in such 
said city, be paid an annual salary of $2,400.00, and where there 
is only one judge in any such city shall be paid an annual salary 
of $3,000.00, in monthly installments out of the county treasury, 
on warrants to be drawn by such judge; provided, that in all 
cities where there are three judges or more, the judge of said 
court oldest in the service shall receive an annual salary of 
$3,000.00, payable in monthly installments, out of the county 
treasury, in the same manner as the salaries of other judges of 
said courts are paid. 

Sec. 4. Each judge of such court may appoint a clerk for his 
division of court, who shall hold office at the will of the judge 
appointing him, and who shall exercise and perform all the 
duties and powers conferred and required by law of clerks of 
such courts and who shall give bond in the sum of $2,000.00 con¬ 
ditioned and payable as the bond of clerks of the circuit court, 
which bond shall be recorded in the office of the judge of pro¬ 
bate, and who shall receive a salary of $1,500.00 per annum, 
payable in monthly installments out of the county treasury, by 
warrant drawn upon the certificate of the judge that such clerk 
has performed the duties of the office for such month. 

Sec. 5. That the clerk of such court may with the consent 
of the judge, appoint a deputy clerk, should the business of the 
court justify, and such deputy clerk shall receive a salary of 
$700.00 per annum, payable monthly out of the county treasury 
upon the certificate of the judge that he has performed the du¬ 
ties for such time, and that said deputy clerk may be either a 
male or a female; provided, that in any precinct within the 
jurisdiction of said court, in which there is at present an infe¬ 
rior court, which by the terms of the act creating the same, and 
by the provisions of this act, is abolished on the provisions of 
this act becoming effective, there shall be maintained a branch 
office of said court in which the deputy or assistant clerk, who 
shall be appointed by the judge of said court, and who shall hold 



827 


office at his will, and such deputy clerk or assistant clerk shall 
have and exercise all the rights, duties and powers pertaining 
to the office of the clerk of said court within said precinct, and 
such deputy or assistant clerk shall give a bond, conditioned 
and payable as the bond of clerks of said court, which bond 
shall be for the sum of $1,000.00. Such deputy clerk shall draw 
a salary of $1,000.00 per annum, in equal monthly installments 
payable out of the county treasury on the certificate of the judge 
of said court that he has performed the duties of the office. 

Sec. 6. This act shall not affect the present term of office 
of any judge of any such court, and shall become effective at the 
expiration of the present term of the present incumbent, the 
successor or successors to the present incumbent or incumbents 
of such judgeship shall be elected at the time and in the manner 
prescribed by law for the election of successors of the judge of 
such inferior court or court of common pleas, or by whatsoever 
name the same is known and called, and the term of office shall 
be that now fixed for such judge; provided, however, that in 
any city affected by this act, where there is an inferior court 
established in lieu of the justice of the peace, which has juris¬ 
diction in or over only one precinct, lying within or partly with¬ 
in such city, and the law now provides that the judge of said 
court shall be elected by the qualified voters of such precinct, 
and this act confers on said court jurisdiction in or over one or 
more adjoining precincts, then the judge of said court shall 
hereafter be elected at the time now provided by law by the 
qualified voters, of all the precincts in or over which said judge 
shall have jurisdiction and the election shall be held in the man¬ 
ner now provided by law for the election of such judge, except 
that provision shall be made by the duly constituted, lawful and 
proper authority for holding elections for the judge of such 
court in the additional precinct or precincts in or over which 
said court shall have jurisdiction, provided, further, that in any 
city where, by this act, jurisdiction in or over an adjoining pre¬ 
cinct or precincts is conferred upon such inferior court created 
in lieu of the justice of the peace now having jurisdiction in or 
over only one precinct lying within or partly within such city, 
the judge of said court shall hold court at least one day of each 
week in each of said adjoining precincts, and the board of rev¬ 
enue of such county in which said court is located shall provide 
a suitable place in each of said precincts for holding court, pro¬ 
vided, further, that the judge of said court shall be a qualified 
elector of one of the precincts in or over which said court has 
jurisdiction. 



828 


Sec. 7. Whenever no provision of law exists for the neces¬ 
sary services of sheriffs, deputies, constables or bailiffs, the 
judge of the court so situated may appoint a bailiff, who shall 
receive not exceeding fGO.OO per month for his services, to be 
paid out of the county treasury, and he may be removed at any 
time by the judge of such court; such bailiff to be paid monthly 
out of the county treasury upon the certificate of the judge that 
he has performed the duties entitling him to such payment. 

Sec. 8. That judges of the inferior courts or courts of com¬ 
mon pleas or by whatsoever name said court is called, shall be 
learned in the law, or shall have been judge of such inferior 
court or court of common pleas or a court created in lieu of jus¬ 
tice of the peace by whatsoever name called. 

Sec. 9. Appeals from judgments of the several inferior 
courts or courts of common pleas mentioned in this act may be 
taken within five days in the manner as appeals are taken from 
justice courts and county courts to the circuit court of the re¬ 
spective counties in which such courts are located, and all ap¬ 
peals taken as herein provided shall be tried de novo and be pre¬ 
ferred cases in the circuit court; that no appeal shall be taken 
from any of said inferior court or courts of common pleas to 
the Supreme Court but only to the circuit court or court of like 
jurisdiction. 

Sec. 10. The courts of county commissioners or boards of 
revenue in counties of over 100,000 population according to the 
last or any subsequent Federal census to which this act is now 
or may hereafter become applicable, may fix and provide a sal¬ 
ary or salaries for such a number of deputy solicitors as they 
may deem proper to prosecute misdemeanors and preliminary 
investigations in such courts, and whenever said salary or sala¬ 
ries have been so fixed or provided, the chief prosecuting attor¬ 
ney of such county, whether he be county solicitor or circuit so¬ 
licitor, shall, whenever notified thereof by the court of county 
commissioners or board of revenue of such county, appoint the 
number of deputy solicitors. The salary for whom had been 
fixed and provided by such board of county commissioners or 
board of revenue, which deputy solicitors shall at the time of 
their appointment and during their term of office, reside within 
one of the precincts within which he has been assigned to prose¬ 
cute and whenever such a deputy solicitor has been provided as 
herein provided for, and shall be taxed as a part of the costs in 
each misdemeanor case prosecuted by him, the same solicitor’s 
fees that are authorized to be taxed in such cases in the county 
courts of this State, which solicitor’s fee shall be collected by 



829 


the clerk of such court and paid into the county treasury of 
such county. 

Sec. 11. That the deputy solicitors in all counties having a 
population of more than 82,000 and not more than 100,000, ac¬ 
cording to the last or any subsequent Federal census, shall be 
and required to prosecute all cases before the inferior court 
when requested so to do by the judge thereof and upon convic¬ 
tion in such case there shall be taxed as a part of the costs in 
each case so, prosecuted by him the same solicitor’s fee that is 
authorized to be taxed in the circuit court for like offenses and 
shall be collected by the clerk of such court and paid into the 
county treasury of such county. 

Sec. 12. That in addition to the power and jurisdiction 
hereinabove conferred upon such inferior courts they shall have 
and are hereby given authority and jurisdiction to sentence to 
hard labor for the payment of fine and costs. 

Sec. 13. That in any precinct in Avhich justices of the peace 
are abolished and in which an inferior court created in lieu of 
the justices of the peace goes out of existence under the terms of 
the act creating said court at the same time this act goes into 
effect, the jurisdiction of said inferior co.urt and all jurisdic¬ 
tions now vested in justices of the peace is hereby conferred 
upon that inferior court created in lieu of the justices of the 
peace, whose place of holding court on the first day of July, 
1915, was nearest to any part of said precinct and in any pre¬ 
cinct or precincts in which the offices of the justice of the peace 
and notary public, ex officio justices of the peace is abolished by 
this act, tiie jurisdiction of said offices is hereby conferred upon 
that inferior court created in lieu of the justices of the peace, 
whose place of holding court on the first day of July, 1915, was 
nearest to any part of said precinct or precincts and the juris¬ 
diction of and for such precinct or precincts as hereinabove 
mentioned and any additional jurisdiction conferred upon infe¬ 
rior courts by this act for such precinct or precincts is vested in 
said inferior court and the provisions of this act conferring 
jurisdiction concurrent with the circuit court of all misdemean¬ 
ors shall go into effect immediately upon the passage and ap¬ 
proval of this act. 

Sec. 14. That the provisions of this act relative to the ap¬ 
pointment of deputy clerks and bailiffs of such courts where 
there is no deputy clerk or bailiff shall become effective upon 
the passage of this act. 

Sec. 15. That if any section, clause or provision of this act 
shall be declared to be unconstitutional or held invalid, it shall 



830 


not be held to affect any other section, clause, or provision but 
the same shall remain in full force and effect. This act shall 
become effective on the first Monday after the second Tuesday 
of January, 1917, except as herein otherwise specially provided. 

Sec. 16. All laws and parts of laws, general, special or local, 
in conflict with any of the provisions of this act be and the same 
are hereby repealed. 

Approved September 25, 1915. 


No - 725 *) (S. 546—Lusk. 

AN ACT 

To further regulate the practice and proceedings in the disposition of cases 
improperly brought as suits in equity or in the improper court, and to 
prescribe the manner of disposing of suits at law when an equitable 
question arises therein. 

Be it enacted by the Legislature of Alabama: 

Section 1. Whenever a bill in equity is filed on the equity 
side of the circuit court and a submission is had upon a de¬ 
murrer thereto, or upon the pleadings and proof when a decree 
upon a demurrer has not theretofore been rendered and the 
judge before whom such submission is had is of the opinion that 
such bill is without equity for the reason that the complainant 
or plaintiff therein has an adequate remedy at law, the judge 
shall so state in his decree but shall not dismiss the bill, and 
shall direct in the decree that the cause be transferred to the 
law side of the court to which the same should have been orig¬ 
inally brought, provided the county in which the cause is pend¬ 
ing is the proper venue in which the remedy at law may be as¬ 
certained and determined. Upon the rendition of any such de¬ 
cree the clerk or register shall forthwith transfer the cause to the 
law side of the court and the same shall be docketed and proceed 
therein. Within thirty days after such cause has been so trans¬ 
ferred the complainant or plaintiff shall make such amendment 
to the pleadings as may be necessary to convert the same from a 
bill in equity to an appropriate complaint at law, or, failing so 
to do within thirty days after the cause has been so transferred, 
the same shall be dismissed, and if the complainant or plaintiff 
desires a jury trial in the law side of the court he shall demand 
the same in writing within such thirty days as required by law; 
and after such cause has been so transferred and amended in 
the law side of the circuit court, the defendant shall plead or 
demur thereto within thirty days as required in actions at law 
or be in default, and if the defendant desires a jury trial in such 



831 


law side he shall demand the same in writing within such thirty 
days as required by law; and on an appeal from the final judg¬ 
ment in the cause the complainant or plaintiff may assign error 
on the judgment or decree of the court transferring the cause. 

Sec. 2. Whenever it shall satisfactorily appear to a judge 
who is presiding in the law side of the court that a cause set for 
hearing before him presents an equitable question, the decision 
of which should dispose of the cause and which cannot be dis¬ 
posed of in the law side of the court, the judge may upon his 
own motion enter a judgment or order transferring such cause 
from the law side of the court to the equity side of the court, 
and the same shall be docketed therein and proceed in the equity 
side. Whenever an equitable right is claimed in any suit at law 
by a party who is plaintiff therein, such plaintiff may assert 
such right by a written motion filed in the cause which shall 
state the substance of the equitable right and be verified by the 
affidavit of some person having knowledge of the facts, and the 
legal sufficiency of such motion may be tested by demurrer and 
the facts alleged therein may be controverted by affidavit. If it 
satisfactorily appears to the judge hearing the same that such 
motion and proof sufficiently assert and show an equitable ques¬ 
tion or right, the decision of which should dispose of the cause 
and which cannot be disposed of in the law side of the court, he 
shall so state in his judgment or decree and shall direct therein 
that the cause be transferred from the law side of the court to 
the equity side of the court, and the same shall thereupon be 
docketed and proceed in the equity side of the court. If an 
equitable question, the decision of which should dispose of the 
cause and which cannot be disposed of in the law side of the 
court, depends upon the assertion of an equitable right or de¬ 
fense by a party who is defendant or an intervening claimant 
in such suit at law, such party may assert such right or defense 
by a written motion filed in the cause, which shall state the sub¬ 
stance of the equitable right or defense and be verified by the 
affidavit of some person having knowledge of the facts, and the 
legal sufficiency of such motion may be tested by demurrer and 
the facts therein may be controverted by affidavit. If it satis¬ 
factorily appears to the judge hearing the same that such mo¬ 
tion and proof sufficiently assert and show an equitable right or 
defense, the decision of which should dispose of the cause and 
which cannot be disposed of in the law side of the court, he shall 
so state in his judgment or decree and shall direct therein that 
the cause be transferred from the law side of the court to the 
equity side of the court, and the same shall thereupon be dock- 



832 


eted and proceed in the equity side of the court. Within thirty 
days after any such cause has been so transferred the plaintiff 
or complainant shall make such amendments to the pleadings 
as may be necessary to conform to the appropriate pleadings in 
equity court, or failing so to do within thirty days, the cause 
may be dismissed, in the discretion of the court; and the defend¬ 
ant in any such cause so transferred shall within thirty days 
after such amendment is filed, plead, answer or demur thereto 
as required by law or be in default. And on an appeal from the 
final judgment or decree in the cause error may be assigned on 
the judgment or order of the court transferring the cause by the 
party aggrieved thereby. The failure of any party to move or 
apply for a transfer of any cause as provided for in this act 
shall not be res adjudicata of any right of defense which could 
have been set up in any such motion or application. 

Sec. 3. Whenever any cause on the motion or application of 
any party thereto, is transferred as provided for by this act ; and 
the party moving for such transfer fails to establish or maintain 
the question, right or defense asserted by him and the cause 
cannot then be finally disposed of in the side of the court to 
which the same was transferred, the judge hearing the cause 
shall so state in his judgment or decree, but shall not dismiss 
the cause and shall direct in such judgment or decree that the 
cause be retransferred to the side of the court in which the same 
was originally filed and shall tax all the costs then accrued 
against the party who moved or applied for a transfer of the 
cause and failed to establish or maintain the question, right or 
defense asserted by him. When any cause is so re-transferred, 
it shall thereupon be docketed in the side of the court in which 
originally filed and proceed to final judgment or decree therein, 
and on an appeal from the final judgment or decree in the cause 
error may be assigned by the party aggrieved on the judgment 
or decree of the court re-transferring the cause to the side of the 
court in which the same was originally filed. 

Sec. 4. Whenever it shall appear to any court of law or 
equity that any cause filed therein should have been brought in 
another court of like jurisdiction in the same county, the court 
shall make an order transferring the cause to the proper court 
and the clerk or register shall forthwith certify the pleadings, 
process, costs and order to the court to which the cause is trans¬ 
ferred, and the cause shall be docketed and proceed in the court 
to which it is transferred, and the costs accrued in the court in 
which the cause was originally filed shall abide by the result of 
the suit in the court to which transferred. 

Approved September 28, 1915. 



833 


*°- (H. 1644—Pruet. 

AN ACT 

For the relief of Mrs. S. A. Strickland, the widow of a Confederate soldier, 
by placing her name upon the pension roll in class two of Confederate 
pensioners. 

Be it enacted by the Legislature of Alabama: 

1. That the State auditor is hereby authorized and directed 
to place the name of Mrs. S. A. Strickland, a resident of Clay 
county, Alabama, the widow of a Confederate soldier, age sev¬ 
enty-seven, totally blind, having no property, and no children 
upon whom she can depend for support, upon the pension roll 
of this State, as a Confederate pensioner of the second class, 
and that she be entitled to all the rights and privileges of a 
pensioner of such class. 

2. That the object and purpose of this act is to afford relief 
to Mrs. Strickland, whose first husband was a Confederate sol¬ 
dier, losing his life as a prisoner of war at Point Lookout, 
Maryland, and who by reason of her subsequent marriage to 
A. B. Strickland, a member of the home guard of Talladega 
county, was denied enrollment by the State board of pension 
examiners in August, 1915, although full proof was made of the 
foregoing facts. 

Approved September 25, 1915. 


No. 728.) (H. J. R, 251—John. 

HOUSE JOINT RESOLUTION 

Relative to having the local acts printed and bound same as general acts. 

Be it resolved by the House, the Senate concurring: 

That the secretary of State be instructed to have the local 
acts of this session of the Legislature printed and bound in the 
same manner as the general acts are to be printed and bound 
in one volume. 

Adopted by the House September 25, 1915. 

Adopted by the Senate September 25, 1915. 


27 GA 



834 


No. 730.) (H. 389—Carmichael. 

AN ACT 

To create a department of insurance for the State of Alabama; defining the 
duties and powers of such department; providing for the necessary offi¬ 
cers for such department, defining their duties and powers; and vesting 
such officers with all the authority now exercised by any other officers 
pertaining to the insurance business in this State, thereby relieving 
such other officers of all duties and responsibilities relating or pertain¬ 
ing to the insurance business in the State of Alabama. 

Be it enacted by the Legislature of Alabama : 

Section 1. There is hereby created a department of insur¬ 
ance for the State of Alabama separate and distinct from the 
office of the secretary of State, and from any other department 
or office of the State of Alabama, and the department of insur¬ 
ance be, and is, hereby charged with the administration of all 
laws, now in force or, which may hereafter be enacted relating 
to insurance companies doing business in the State of Ala¬ 
bama. 

Sec. 2. The chief officer of the department of insurance 
shall be known as the commissioner of insurance and shall be 
appointed by the Governor; the term of office of the commis¬ 
sioner of insurance shall be as follows: Within twenty days 
after the passage and approval of this act the Governor shall 
appoint a person of practical experience in the business of in¬ 
surance as such commissioner of insurance; said commissioner 
of insurance shall hold office until the first day of July, 1919, 
and until his successor is appointed and qualified as herein¬ 
after provided. On the first day of July, 1919, and every four 
years thereafter, the Governor shall appoint a person of prac¬ 
tical experience in the business of insurance as commissioner 
of insurance who shall hold office for a term of four years from 
the first day of July of the year of his appointment and until 
his successor is appointed and qualified. In case of a vacancy 
in the office of the commissioner of insurance by death or other¬ 
wise, the Governor shall, as soon thereafter, as consistent with 
proper information, appoint some person of practical experi¬ 
ence in the business of insurance to fill the unexpired term. 
Before entering upon the discharge of his duties, the commis¬ 
sioner of insurance shall subscribe to the constitutional oath 
of office, which shall be filed with the secretary of State, he 
shall give bond in some guaranty, or, surety company, qualified 
to do business in the State of Alabama in the sum of twenty- 
five thousand dollars ($25,000) ; said bond to be approved by 



835 


the Governor and when approved to be filed in the office of sec¬ 
retary of State; the premium for said bond shall be paid out 
of the funds of the State upon a warrant drawn by the State 
auditor upon the State treasurer. The commissioner of insur¬ 
ance shall receive an annual salary of three thousand dollars 
($3,000) to be paid monthly as the salaries of other State offi¬ 
cials are paid. 

Sec. 3. The commissioner of insurance may appoint a 
deputy commissioner to assist him in the discharge of his du¬ 
ties ; he shall receive an annual salary of two thousand dollars 
($2,000) to be paid as the salaries of other State officers and 
he shall be removable at the pleasure of the commissioner of in¬ 
surance. The deputy commissioner shall give bond to the State 
of Alabama in a guaranty company as surety in the sum of ten 
thousand dollars ($10,000) for the faithful performance of his 
duties; the bond to be approved by the Governor and filed with 
the secretary of State; and the premium, or payment, for the 
said bond shall be paid out of the funds of the State by the State 
auditor upon warrant drawn on the State treasurer. The com¬ 
missioner of insurance may appoint a clerical assistant, in the 
department of insurance and the compensation of said clerical 
assistant, shall be one thousand dollars ($1,000) per annum 
to be paid as the salaries of other State officers are paid. That 
a continual annual appropriation is hereby made to cover the 
salaries herein provided. 

Sec. 4. The Governor of the State shall assign to the com¬ 
missioner of insurance suitable rooms in the capital building 
for conducting therein the business of the insurance depart¬ 
ment, and this department shall be furnished with the neces¬ 
sary furniture, stationery, postage, lights and other proper con¬ 
veniences in the same manner and way as is furnished to other 
State departments; provided, however, that the furniture and 
fixtures now in use by the secretary of State for the insurance 
department shall be assigned to the commissioner of insurance. 

Sec. 5. The commissioner of insurance shall possess and 
and have all the powers, and perform all the duties of supervi¬ 
sion, regulation and control of the business of insurance in this 
State which powers and authority are now exercised and at¬ 
tached by law to the secretary of State of this State. And the 
commissioner of insurance shall exercise the same control over 
the insurance companies, their officers and agents, and shall 
collect from them all taxes, fees and penalties as noAv required 
by law, or may hereafter be required by law. The commission- 



836 


er of insurance shall have exclusive control, management and 
supervision of the department of insurance and shall be vested 
with the authority now conferred by law on the secretary of 
State and shall have full power and authority to do and per¬ 
form all acts necessary to the carrying out and effectuating the 
purpose and ends for which the said department was created. 
And the secretary of State of this State is hereby re¬ 
lieved from any duties now, or hereafter, imposed upon the sec¬ 
retary of State by any law of this State in relation to the su¬ 
pervision, control, and regulation of the business of insurance, 
and of any duty imposed by law on said secretary of State as 
ex-officio insurance commissioner, and the commissioner of in¬ 
surance is fully authorized and empowered from and after the 
date of his appointment and qualification as such commission¬ 
er of insurance to perform all duties now required, or that 
may be required, by law in relation to the supervision, regula¬ 
tion, and control of the business of insurance in this State. 

Sec. 6. The commissioner of insurance is charged with the 
duty of the administration of all laws of whatsoever nature 
that are now provided by law to be administered by the secre¬ 
tary of State as ex-officio insurance commissioner. 

Sec. 7. That all books, papers, letters and records belong¬ 
ing to the department of insurance now in the office of the sec¬ 
retary of State, shall be delivered to the commissioner of insur¬ 
ance immediately upon his qualifying under this act. 

Sec. 8. The commissioner of insurance shall make settle¬ 
ments with the State treasurer as now or hereafter required by 
law. 

Sec. 9. The commissioner of insurance shall be provided 
by the State of Alabama with an official seal. Every paper ex¬ 
ecuted by him as commissioner of insurance in pursuance of 
any authority conferred on him by law, and sealed with his of¬ 
ficial seal, shall be received in evidence and may be recorded 
in the proper recording office in the State in the same manner 
and with the same effect as a deed regularly acknowledged or 
proven. And the commissioner of insurance shall collect the 
same fees, and charges, for the use of his official seal as is now 
collected by the secretary of State. 

Sec. 10. The commissioner of insurance before granting 
certificates of authority to an insurance company to issue poli¬ 
ties or make contracts of insurance, shall be satisfied, by such 
examination and evidence as he sees fit to make and require, 
that such company is duly qualified under the laws of this 



837 


State, to transact such business therein. At least once in every 
two years the insurance commissioner shall personally, or by 
his deputy, or some competent person appointed by him for 
that purpose visit each domestic insurance company and exam¬ 
ine its affairs, especially as to its financial condition and ability 
to fulfill its obligations, and whether it has complied with the 
law. He shall make also an examination of any such company 
whenever lie deems it prudent to do so, or upon request of five 
or more of the stockholders or persons pecuniarily interested 
therein, who shall make affidavit of their belief, with specifica¬ 
tions of their reasons therefor, that such company is in un¬ 
sound condition. Whenever he deems it prudent for the pro¬ 
tection of policy holders in this State, and believes that any 
company authorized to do business in this State has violated 
any of the provisions of this article he shall, in like manner, 
visit and examine, or cause to be visited and examined by some 
competent person, or persons, he may appoint for that pur¬ 
pose, any foreign insurance company applying for admission 
or already admitted to do business in this State. 

Sec. 11. For the purpose of such examinations the insur¬ 
ance commissioner may, when examining a company organized 
and incorporated under the laws of Alabama and herein des¬ 
ignated and called a domestic company, call upon the Gov¬ 
ernor for the services of an examiner of public accounts, and 
the insurance commissioner may designate or appoint some 
qualified actuary and assistant to assist in such examination, 
and shall fix a reasonable compensation to be approved by the 
Governor for such actuary and assistant, upon a per diem basis 
to be paid by warrant of the State auditor drawn upon the 
State treasury. Hotel bills and traveling expenses actually in¬ 
curred in connection with such examination, shall, upon proper 
vouchers therefor, be paid by the State on condition that the 
same shall have previously been charged to such insurance 
company and by it paid to the insurance department. 

Sec. 12. When the commissioner of insurance deems it nec¬ 
essary to examine any insurance company organized under the 
laws of any other State or country, and herein designated and 
called “foreign company” such examination shall be made by 
the commissioner of insurance, his deputy, or such other qual¬ 
ified person, or persons, as the insurance commissioner may des¬ 
ignate or appoint for such purpose. Any foreign insurance 
company examined under the provisions of this act shall pay 
the proper charges incurred in such examination, including the 



838 


expenses of the commissioner of insurance or his deputy, and 
the expenses and compensations of his assistants employed 
therein. 

Sec. 13. For the purpose aforesaid, the commissioner or 
his deputy, or person making the examination, shall have free 
access to all the books and papers of an insurance company that 
relate to its business and to the books and papers kept by any of 
its agents, and may summon and qualify as witnesses under 
oath and examine the directors, officers, agents, and trustees of 
any such company, and any other persons in relation to its af¬ 
fairs, transactions and conditions. 

Sec. 14. Any insurance company violating any of the pro¬ 
visions of this act or refusing to submit to the aforesaid exami¬ 
nation when requested, shall forfeit its right to do business in 
this State for the next twelve months thereafter, and the in¬ 
surance commissioner shall immediately revoke the license, if 
already issued, to said insurance company, to do business in 
this State. 

Sec. 15. The provisions of this act shall go into effect im¬ 
mediately upon the approval of the Governor. 

Approved September 25, 1915. 


No. 732.) (H. 43—John. 

AN ACT 

To amend sections 838, 839, 840, 841, 842, 844, 845, 846, 847, 848, 849, 850, 

851, 852, 853, 854, 855, 856, 857, 863, 868, 877, and 878 of the Code of 

Alabama, relating to “The Alabama Insane Hospitals.” 

Be it enacted by the Legislature of Alabama: 

1. That section 838 of the Code of Alabama, be amended so 
as to read: 838. “The Bryce Hospital,” located in Tuscaloosa 
county and “The Mount Vernon Hospital,” located in Mobile 
county, named and established by law, for the care and treat¬ 
ment of insane persons in the State, are hereby continued under 
the management and control of the board of trustees of “The 
Alabama Insane Hospitals.” 

2. That section 839 of the Code of Alabama be amended 
so as to read: 839. The Governor of Alabama with the board 
of seven trustees now in office, and their successors, are hereby 
constituted a public corporation, under the name of “The Ala¬ 
bama Insane Hospitals” and shall have possession and control 
of all the real and personal property belonging to either hos- 



830 


pital, and that may hereafter be acquired in any manner; and 
shall have power to contract and sue, and have perpetual suc¬ 
cession; and to have a corporate seal, which they may change; 
and have power to sell and convey any real property of the hos¬ 
pitals. The board of trustees shall have power to manage and 
control any other allied institutions, such as places for the care 
and treatment of inebriates, epileptics, harmless dements, the 
feeble-minded, and the like which may he at any time confided to 
them by law. All contracts to which “The Alabama Insane 
Hospitals” is now a party, or in which it is now interested, 
shall not be affected in any way by this amendment. 

3. That section 840 of the Code of Alabama be amended so 
as to read: 840. The terms of office of the trustees shall be 
seven years each, and be so arranged that one term shall expire 
on the 30th day of September of every year. The terms of office 
of the seven trustees now constituting the board shall expire as 
follows: That of J. M. Foster, Montgomery, Ala., on September 
30th, 1915; E. D. Bondurant, Mobile, Ala., on September 30th, 
1916; Wm. M. Falk, Tuscaloosa, Ala., on September 30th, 1917; 
Sam’l Will John, Massillon, Ala., on September 30th, 1918; 
C. B. Verner, Tuscaloosa, Ala., September 30th, 1919; J. L. 
Williamson, Tuscaloosa, Ala., on September 30th, 1920; George 
H. Fonde, Mobile, Ala., on September 30th, 1921. 

4. That section 841, of the Code of Alabama, be amended 
so as to read: 841. Upon the expiration of the term of office 
of a trustee, the board shall elect his successor for the next 
term; and in case the office of a trustee becomes vacant during 
his term, from any cause, the board shall elect his successor for 
the unexpired portion of his term. Four of the board shall he 
regularly licensed physicians. Three of the trustees shall reside 
near “The Bryce Hospital,” and two shall reside convenient to 
“The Mount Vernon Hospital,” who shall respectively consti¬ 
tute “resident committees” for those hospitals, to have frequent 
inspection of those institutions, and to manage such of their 
affairs as may be committed to them by the full board, or by 
law. 

5. That section 842, of the Code of Alabama, be amended 
so as to read: 842. The trustees shall not receive any compensa¬ 
tion for their services as trustees, except their traveling ex¬ 
penses while attending the meetings of the board, or while at¬ 
tending to any other business of the hospitals by the direction 
or request of the board. 

6. That section 844, of the Code of Alabama, be amended 
so as to read: 844. The fiscal year of the hospitals shall end on 



840 


the 30th day of September every year. As near afterwards as 
practicable the board of trustees shall hold their “annual meet¬ 
ing” at “The Bryce Hospital,” for at least two days, when they 
shall fully investigate the condition of the patients, and the 
household and business affairs of the hospitals. They shall print 
and send to the Governor a report of the conditions, wants, and 
interests of the hospitals, and a statement of the receipts and 
expenditures for the preceding fiscal year. When there is a reg¬ 
ular session of the Legislature, their report shall, in a con¬ 
densed way, cover the time between the regular sessions. A 
sufficient number of copies of this report shall be printed and 
distributed to the members of the Legislature. 

7. That section 845 of the Code of Alabama, be amended so 
as to read: 845. The Governor of Alabama shall be, ex-officio, 
a member of the board of trustees and, when present, shall pre¬ 
side over their meetings. At their “annual meetings” in Octo¬ 
ber, the board shall elect a vice-president and a secretary from 
their number, who shall hold office for one year; at any meeting 
the board may fill vacancies in the offices of the vice-president 
and secretary. In the absence of the Governor the vice-presi¬ 
dent shall preside and exercise all the functions of the president. 
The board shall adopt rules for their own government and the 
government of the resident committees and of the officers and 
employees of the hospitals. 

8. That section 846, of the Code of Alabama, he amended so 
as to read: 846. The trustees shall hold a regular meeting at 
the Mount Vernon Hospital in April every year; and shall hold 
such other meetings at either hospital, "or other place in the 
State, as the interests of the hospitals demand. Four members 
of the board shall be a quorum for transaction of business. The 
Governor, the vice-president of the board of trustees, or any 
three trustees, can call a meeting at any time or place, upon 
giving ten days notice to every member of'the board, and stating 
in the call the objects of the meeting. 

9. That section 847, of the Code of Alabama, be amended 
so as to read: 847. For the immediate management and govern¬ 
ment of the hospitals, the board of trustees shall elect a super¬ 
intendent, determine his term of office, and fix his salary. In 
the discharge of his duties, the superintendent shall be the exec¬ 
utive officer of the board and be held strictly accountable to 
them. The superintendent shall be a graduated practitioner of 
medicine and qualified in the specialty of caring for and treat¬ 
ing the insane. He shall be a man of good moral character, of 
a humane disposition, of business qualifications and executive 



841 


ability. When his term of office has expired, he shall remain in 
office until his successor is elected and qualified. The superin¬ 
tendent may he removed from office by the board of trustees for 
just cause fully set forth on the minutes of their meeting. At 
the “annual meeting” of the board in October the superintend¬ 
ent shall make a report to the trustees of the preceding fiscal 
year, setting forth the movements of the population, the admis¬ 
sions of different classes of patients, the changes in manage¬ 
ment, the results of the work in the several departments, with 
statements from the treasurer and steward, shoving the re¬ 
ceipts and expenditures. The prevalence of insanity in the 
State and the cause of it may be topics for presentation in the 
report of the superintendent. 

10. That section 848 of the Code of Alabama, be amended 
so as to read: 848. With the approval of the trustees, the 
superintendent may appoint an assistant superintendent at each 
hospital, to conduct the affairs of the hospital under his direc¬ 
tion. He may authorize the assistant superintendent to select, 
with his approval, the assistant physicians, the internes, the 
supervisors, the nurses, and the attendants, and direct their 
duties in the medical department. The superintendent can also 
appoint at each hospital a manager to direct the outside work 
in the shops, yards, gardens, and fields, and to employ laborers 
in his department. The superintendent shall have the authority 
to remove or direct the removal, of any officer, or employee of 
the hospitals, who has been appointed by him. 

11. That section 849, of the Code of Alabama, be amended 
so as to read: 849. With the concurrence of the resident trus¬ 
tees of each hospital the superintendent shall determine the sal¬ 
aries and rates of pay of the officers and employees of the hospi¬ 
tals, subject to the supervision and revision of the board. 

12. That section 850, of the Code of Alabama, be amended 
so as to read: 850. The superintendent shall appoint a stew¬ 
ard, who shall attend to the financial matters of both hospitals, 
pay the officers and employees and make purchases and sales. 
The steward shall keep accurate accounts of all the receipts 
and expenditures; he shall give bond, approved by the board, 
for the faithful performance of his duties in an amount deter¬ 
mined by the board, and the board may, whenever it deems that 
the interest of the hospitals require it, have the steward to 
make a new bond, or change his bond. The superintendent can 
appoint the assistant superintendent, or other person, to assist 
the steward at the Mount Vernon Hospital. He shall perform 
such financial duties as shall be assigned him in matters not 



convenient or practicable to be attended to from The Bryce Hos¬ 
pital office—all of his duties shall be directed by the superin¬ 
tendent or steward. 

13. That section 851 of the Code of Alabama be amended 
so as to read: 851. The trustees shall elect a suitable person 
in Tuscaloosa, not a trustee, as treasurer of the hospitals, and 
fix his term of office, compensation, and the amount of his 
bond. The treasurer shall be responsible for all money received 
for the hospitals from the State, and all other sources, when 
placed in his care. He shall keep accurate accounts of all his 
receipts and expenditures, as treasurer. He shall pay the drafts 
made on him by the steward, when approved by the superin¬ 
tendent. At the beginning of every month, the treasurer of the 
hospitals shall make drafts upon the State treasurer for the 
amounts due the hospitals, which drafts shall be countersigned 
by the superintendent. The treasurer may be removed at any 
time by the board of trustees; and his books and vouchers shall 
at all times he open to the inspection of any trustee. The board 
of trustees shall have authority to abolish the office of treas¬ 
urer, and select, upon proper terms and conditions, a bank to 
serve as the treasury of the hospitals funds, whose duties shall 
be similar to those prescribed for the treasurer, and the board 
of trustees may select another bank as the treasury of the funds 
of the hospitals, as often as they see proper to do so. 

14. That section 852 of the Code of Alabama be amended 
so as to read: 852. Access to the wards of the hospitals, to 
any department, or to the books and records, shall be granted 
to any trustee at any time. The board of trustees, or resident 
committee of either hospital, shall have the authority to “dis¬ 
charge” or turn at large “on trial,” any patient at any time. 

15. That section 853, of the Code of Alabama, be amended 
so as to read: 853. The insane hospitals shall be maintained 
and used solely for the care, treatment, and custody of such 
patients as have been committed to them as insane by a proper 
court, No other class of patients shall be admitted. 

16. That section 854, of the Code of Alabama, be amended 
so as to read: 854. A person shall be adjudged “insane,” who 
has been found by a proper court sufficiently deficient or de¬ 
fective mentally, to require that, for his own or others’ wel¬ 
fare, he (or she) be removed to the insane hospital for the re¬ 
straint, care, and treatment. Whether the person’s mental 
abnormality is sufficiently grave to warrant such a procedure 
is always the question to be decided by the court. 



343 


IT. That section 855, of the Code of Alabama, be amended 
so as to read : 855. When the insane hospitals are crowded, the 
superintendent, when he can make room for them, is authorized 
to limit his acceptances of applications for admission to those 
patients who are offensively troublesome, vicious, or a menace 
to the peace, comfort, or safety of others, or dangerous to their 
own welfare, and to decline those who are harmless or helpless. 
He may arrange with the probate judges to exchange harmless 
patients in the hospital for those who are dangerous. 

18. That section 856, of the Code of Alabama, be amended 
so as to read: 856. Application in advance shall always be 
made by the court, to know whether there is room in the hospi¬ 
tals for the class of patient to be committed,—giving answers 
to the prescribed interrogatories describing the case,—and no 
patient shall be received into the hospital, who is not presented 
with a certificate from a proper court committing him (or her) 
to the institution. 

19. That section 857, of the Code of Alabama, be amended 
so as to read: 857. When a relative, friend, or other party in¬ 
terested desires to place a person as a patient in one of the 
insane hospitals, he shall apply to the judge of probate of the 
county in which the person resides, and the judge of probate, 
without delay, shall investigate the case, by examining wit¬ 
nesses, or not, as he sees fit, and, if he is reasonably convinced 
that the case is a suitable one, he shall make application to 
the superintendent at Tuscaloosa for his, or her admission, and 
shall accompany his application with as full and explicit an¬ 
swers as possible to the following interrogatories, describing 
the case: 1. What in the person’s name in full? Weight? Age° 
Sex? Postoffice? Occupation? Single or married? Race? 
Color? Where born? Names and addresses of correspondents? 
2. How long has the person’s mental abnormality existed? 3. 
Has the person epileptic convulsions? 4. Can his (or her) im¬ 
paired mental condition be attributed to the injurious use of 
alcohol? or opiates? or tobacco? or any other drug? 5. Did 
the present condition begin suddenly? or come on gradually? 
6. Has the person ever exhibited conditions of mental abnor¬ 
mality of any grade before this? 7. Has the person, because of 
mental deficiency or defectiveness, ever been confined in a poor- 
house? or a jail? Where was the person ever a patient in an 
insane hospital? When? .8. Is the person hard to control? 
What means of restraint have been used? 9. How does the 
person’s insanity exhibit itself? What wrong ideas does he 
hold? 10. In what way is he (or she) troublesome or danger- 



844 


ous? Is he indecent in his talk, or habits? How is he (or she) 
uncleanly? How has he attempted to destroy property? How 
well does he attend to work? or to business? 11. What is the 
alleged cause of his insanity? 12. What near relatives of the 
patient have been wrong mentally? 13. Is the person deaf? 
dumb? blind? lame? maimed? paralyzed? or helpless? 14. 
How is he (or she) sick or diseased, otherwise than mentally 
so? How much confined in bed? 15. Will the person be an 
indigent, or a paying patient? 

20. That section 863, of the Code of Alabama, be amended 
so as to read: 863. The judge of probate of each county, if 
his attention is drawn to it, shall investigate the financial stand¬ 
ing of any indigent patient in the insane hospital, and, if he 
finds him (or her) able to pay for his (or her) support, shall 
contract with responsible parties under the proper bond for 
the support of the patient. The superintendent can grant that 
the quarterly amount, for the support of a paying patient, can 
be divided into three payments; one on the first of each month, 
in advance. 

21. That section 868, of the Code of Alabama, be amended 
so as to read: 868. When in the opinion of the physicians of 
the hospital, patients are permanently restored to a normal, 
mental condition, they shall be allowed to leave the hospital, 
and be marked in the records as “discharged.” When, in the 
opinion of the physicians, there is some question as to whether 
the recovery of patients will prove peumanent, but they are 
sufficiently restored for their friends, relatives or others to 
properly and safely remove them, they can be allowed to go “on 
trial,” and shall lie so marked in the records. Patients “on 
trial,” can be returned, if necessary, any time within six months, 
without additional committing papers. If they stay away from 
the hospital over six months, they shall be marked “discharged" 
in the record. No “discharged” patient can be returned with¬ 
out the same legal process, as if they had never been patients in 
the hospital. 

22. That section 877, of the Code of Alabama, be amended 
so as to read: 877. No public road, railroad, or other highway, 
shall be established or projected over or through the lands of 
either hospital without the consent of the superintendent and 
the board of trustees, granted by resolution recorded in the 
minutes of the board. 

23. That section 878, of the Code of Alabama, be amended 
so as to read: 878. For the support, maintenance, repairs, and 
improvements of the Alabama Insane Hospitals, a sum, regulatr 



845 


ed by the board of trustees, not to exceed three dollars and fifty 
cents a week, shall be paid, monthly, every year by the State, for 
every one of all the indigent and criminal patients, that the 
superintendent certifies were present in the hospitals on the last 
day of the preceding month. And the State auditor shall issue a 
warrant for that amount on the State treasury, payable to the 
treasurer of the hospitals on his draft or order, when counter¬ 
signed by the superintendent. The Governor must provide for 
the prompt payment of all warrants drawn for the support of 
“The Alabama Insane Hospitals” and these warrants shall be 
preferred, in payment to all others drawn on the general fund 
in the treasury. Immediately after the expiration of the fiscal 
year, on September 30th, the Governor shall require an exam¬ 
iner of public accounts to examine and audit the accounts and 
books of the steward and treasurer of the hospitals and report 
thereon to the Governor, who shall send a copy thereof to the 
superintendent of the hospitals, to be laid with his report, before 
the board of trustees at their annual meeting. 

Approved September 25, 1915. 


No. 733.) 


AN ACT 


(H. 745—Davie. 


To authorize courts of county commissioners, or boards of revenue and 
boards of mayor and alderman, or city commissoiners or other govern- 
ing bodies of incorporated cities or towns in this State, to pay for ad¬ 
vertising notice and substance of local bills introduced in the Legisla¬ 
ture for the use and benefit of the said counties, cities or towns, where 
such notice is ordered published by any Representatives in the Legisla¬ 
ture from the county, and such authorization, and direction to apply to 
all notices and substance of local bills introduced in the regular session 
of the Legislature, 1915. 

Be it enacted by the Legislature of Alabama: 

1. That courts of county commissioners, or boards of rev¬ 
enue, of all counties in this State, are hereby authorized to pay, 
at the regular legal rate, for the advertising of notice and sub¬ 
stance of local bills, which may be introduced in the Legisla¬ 
ture, for the benefit of their respective counties, or in reference 
to subjects or matters exclusively relating to county business 
or affairs, and boards of mayor and alderman, city commission¬ 
ers or other governing bodies of incorporated cities or towns 
in this State, are authorized to pay for the advertising of notice 
and substance of local bills introduced in the Legislature exclu¬ 
sively for the benefit of their respective cities or towns, where 



846 


ordered published by any representative of the county in the 
Legislature. 

Approved Sept. 25, 1915. 


No. 735.) (H. 1131—Wilson. 

AN ACT 

To make it unlawful for any municipality to charge the farmers or others 
engaged in the production of farm products of whatever nature, any 
license or fee, for the sale or other disposition of said articles produced 
by them, at any place. 

Section 1 . Be it 'enacted by the Legislature of Alabama , 
That from and after the passage of this act, it shall be unlawful 
for any municipality to charge the farmers or others engaged 
in the production of farm products of whatever nature, any 
license or fee, for the sale or other disposition of said articles 
produced by them, at any place. 

Sec. 2. Be it further enacted that all laws or parts of laws 
in conflict herewith, are hereby expressly repealed. 

Sec. 3. Be it further enacted that this act is to take effect 
as soon as approved by the Governor, the public welfare requir¬ 
ing it. 

Approved September 25, 1915. 


No. 737.) 


(H. 1212—Hubbard. 

AN ACT 


To confer upon the trustees created by an act of 1911, approved April 18, 
1911, for the government, regulation and control of the several white 
normal schools of the State of Alabama, the following additional pow¬ 
ers: To acquire and hold the title to real and personal property for the 
benefit of the several normal schools each respectively; to exercise the 
right of eminent domain for the benefit of each such normal school re¬ 
spectively; to sell and convey the property held by the trustees for each 
such normal school respectively, or by the several normal schools them¬ 
selves respectively; to borrow money for the benefit of each such school 
respectively and pledge as security therefor property held by the trus¬ 
tees for >he benefit of such school for which said money was borrowed 
or held by such school itseif. 

Be it enacted by the Legislature of Alabama: 

Section 1. There is hereby vested in the board of trustees 
created by the act of the Legislature of Alabama, approved April 



847 


18, 1911, for the government, regulation and control of the sev¬ 
eral white normal schools of Alabama the following additional 
powers, duties and authority: (a) To acquire by purchase, deed 
or otherwise and hold the title to real and personal property to 
be used for the benefit of any one of the State normal schools 
for whites in the State of Alabama, and in taking title thereto 
the deed shall be made to the trustees for the use and benefit of 
such schools for wiiich the same is purchased or acquired, and 
the same shall be used, held and managed, sold or mortgaged as 
hereinafter provided, exclusively for the benefit of such school 
for which it is acquired; (b) To exercise the right of eminent 
domain to acquire the title to property, as provided by law T , for 
the use and benefit of such normal school for whites in Ala¬ 
bama; and when so acquired the same shall be in all respects 
subject to the control of said trustees, but solely for the use and 
benefit of the school for which the same was acquired; (c) To 
sell and convey real and personal property w’hich belongs to 
said trustees in trust, or which belongs to the several normal 
schools, either on credit or for cash, and use the proceeds of such 
sales for the benefit of that school for whose benefit the property 
sold has been held and possessed, and to execute such deed or 
deeds of conveyance to pass the title thereto as may be required 
by law, the same to be executed by the chairman of the board 
of trustees and attested by its secretary by authority of the 
trustees; (d) In their capacity as trustees for each separate 
school respectively to borrow money for each such school re¬ 
spectively of which they are trustees, and as security therefor 
to execute such lien, mortgage, or deed of trust, upon any prop¬ 
erty held by them for the use and benefit of the particular school 
for which the loan is obtained, or any property w'hich is held 
and owmed by the school itself for which the loan is obtained, 
and the execution of any such lien, mortgage or deed of trust 
as may be necessary to secure said loan shall be made by the 
chairman of the board of trustees and attested by the secretary. 
This section shall not be construed so as to empower any board 
of trustees to mortgage or place any lien of any kind on the 
school buildings, or the furniture and equipment therein, or on 
the land on w'hich the school buildings stand, which power is 
hereby expressly withheld. 

Sec. 2. That said board of trustees created by said act of 
April 18, 1911, be and are hereby declared to be the trustees of 
each normal school for whites in Alabama separate and distinct 
from each other normal school for whites. 

Approved September 25, 1915. 



848 


No. 738.) (H. 1333—Smith of Crenshaw. 

AN ACT 

To amend sections 1, 5, 7, 12, 13, 16, 18 of an act approved August 26, 1909, 
entitled an act to regulate the sale, giving away or other disposition of 
drugs, medicines or poisons in this State, and to provide for the creation 
of a board of pharmacy for service in connection with such sale, giving 
away or other disposition. 

Be it enacted by the Legislature of Alabama : 

That sections 1, 5, 7, 12, 13,16,18 of an act approved August 
26th, 1909, entitled “an act to regulate the sale, giving away or 
other disposition of drugs, medicines or poisons in this State 
and to provide for the creation of a board of pharmacy for ser¬ 
vice in connection with such sale, giving away or other disposi¬ 
tion, be amended so as to read as follows: 

Section 1. That from and after the passage of this act, it 
shall be unlawful for any person, not licensed as a pharmacist, 
within the meaning of this act, to conduct or manage any phar¬ 
macy, drug store, apothecary shop, or other place of business 
for the retailing, compounding of or dispensing of any drugs, 
medicines or poisons or for the physicians prescriptions, or to 
keep exposed for sale, or retailed any drugs, medicines or 
poisons, except as hereinafter provided, or for any person not 
licensed as a pharmacist or assistant pharmacist, within the 
meaning of this act, to compound, dispense or sell at retail any 
drug, poison or medicinal preparation upon the prescription of 
a physician or otherwise, or to compound physician’s prescrip¬ 
tions, except as an aid to or under the supervision of a person 
licensed as a pharmacist, under this act, and it shall be unlaw¬ 
ful for any owner of a pharmacy or drug store or the place of 
business, to cause or permit any other than a person licensed 
as a pharmacist, or assistant pharmacist, to compound, dis¬ 
pense, or sell at retail any drug, medicine or poison, except as 
an aid to or under the supervision of a person licensed as a 
pharmacist or assistant Provided however, that nothing in 
this section shall be construed to interfere with any legally li¬ 
censed practitioner of medicine, veterinary surgery, or dentistry, 
in the compounding or dispensing of his own prescription, nor 
with the exclusively wholesale business of any dealer, who shall 
be licensed as a pharmacist, or who shall keep in his employ 
at least one person who is licensed as a pharmacist; nor with 
the sale of poisonous substances which are sold exclusively for 
use in the arts, or for use as insecticides, when such substances 



849 


are sold in unbroken packages, bearing a label having plainly 
written upon it the name of the contents, the word poison, and 
the name of at least two readily obtainable antidotes. Pro¬ 
vided further, that in a village of not more than eight hundred 
inhabitants, according to last census taken and authorized by 
an act of Congress of the United States or in towns where there 
is no person licensed as a pharmacist, the board of pharmacy 
hereinafter provided for, may grant to any person who is li¬ 
censed as assistant pharmacist a permit annually to conduct 
a pharmacy or drug store in such town or village, which per¬ 
mit shall not be valid in any other than the place designated 
in said permit, of said village, as hereinafter provided for the 
recording of licenses. Provided, however, that nothing in this 
section shall be so construed as to apply to the sale of patent 
and proprietary medicines, or the ordinary household remedies, 
and such drugs or medicines as may be specified by said board 
of pharmacy, shall be permitted to be sold by those engaged in 
the sale of general merchandise or wholesale or retail groceries. 
Provided, further, that nothing in this section shall be so con¬ 
strued as to prevent any person, firm or corporation from own¬ 
ing a pharmacy, drug store, or apothecary shop, provided such 
store shall be in the charge of a licensed pharmacist. And pro¬ 
vided further, that said board of pharmacy may grant to any 
legally licensed practicing physician in such towns, or villages 
of less than eight hundred inhabitants, an annual permit to 
conduct a pharmacy, drug store, or apothecary shop in such 
town or village, subject to the provisions of this act. 

Sec. 5. Said board of pharmacy may issue license to prac¬ 
tice as pharmacists, or assistant pharmacists in the State of 
Alabama, without examination, to such persons as have been 
legally registered or licensed as pharmacists or assistant phar¬ 
macists in other states or foreign countries, provided, that the 
applicant for such license shall present satisfactory evidence of 
qualifications equal to those required from licentiates in this 
State, and that he was registered or licensed by examination in 
other states or foreign countries, and that the standard of com¬ 
petency required in such other states or foreign countries is not 
lower than that required in this State, and provided also, that 
the board of pharmacy is satisfied that such other states or for¬ 
eign countries accords similar recognition to the licentiates of 
this State. Applicants for license under this section shall, 
with their application forward to Secretary of said board of 
pharmacy the sum of ten dollars ($10.00). 



850 


Sec. 7. Every certificate or license to practice as a pharma¬ 
cist, and every permit to an assistant pharmacist, or other per¬ 
mit to conduct a pharmacy, drug store, or apothecary shop in 
towns or villages as provided in section 1 of this act, and every 
renewal of such license or permit shall be conspicously expos¬ 
ed in the pharmacy, or store or place of business of which the 
pharmacist or assistant pharmacist, or physician to whom per¬ 
mit is issued, is the owner or manager, or in which he is em¬ 
ployed. The name of the owner or responsible manager of every 
pharmacy, drug store, or apothecary shop, shall be conspicously 
displayed upon the outside of such place of business. 

All pharmacists now licensed, or hereinafter licensed by the 
board of pharmacy, shall be required to record within thirty 
days after the passing of this act, or within thirty days after 
the granting thereof, or in case of removal to another county, 
within thirty days after such removal, the license in the pro¬ 
bate office of the county in which he practices his profession. 

Sec. 12. Said board of pharmacy shall have power to, and 
it shall be the duty of the said board of pharmacy to investi¬ 
gate all alleged violations of this act, or any other law of this 
State regulating the dispensing or sale of drugs, medicines or 
poisons, or the practice of pharmacy, also it shall be the duty 
of the person or persons charged with the enforcement of the 
food and drug act of this State to take such samples and to 
prosecute any violations of the provisions of this act, under the 
direction of the board of pharmacy and whenever there has 
been a violation of said laws, it shall be the duty of said board 
to call all such violators and violations to the attention of the 
circuit or county solicitor of the county in which said vio¬ 
lation is alleged to have occurred and to the person or persons 
charged whose duty it shall be, to prosecute for all violations 
of this act with the enforcement of the pure food and drug act. 

Sec. 13. Said board of pharmacy shall be entitled to charge 
and collect the following fees: For the examination of an ap¬ 
plicant for a license as pharmacist, ten dollars ($10.00); for 
the examination of an applicant for a license as an assistant 
pharmacist, five dollars ($5.00); for renewing a license of a 
pharmacist, an assistant pharmacist, or physician holding per¬ 
mit, one dollar ($1.00); for issuing a life certificate to a phar¬ 
macist, ten dollars ($10.00); for issuing a permit to an assist¬ 
ant pharmacist to conduct a drug store in town of not more 
than eight hundred inhabitants, one dollar ($1.00); and one 
dollar ($1.00) for such renewal thereof; all fees shall be paid 



851 


before any applicant may be admitted to examination, or bis 
name placed upon the register of pharmacists, and assistant 
pharmacists, or before any license or permit, or any renewal 
thereof, may be issued by said board. 

Sec. 16. Every proprietor, or manager of a pharmacy, drug 
store or apothecary shop, shall keep in his place of business a 
suitable book or file, in which shall be preserved for a period 
of not less than five veal’s, the original or the copy of same, of 
every prescription compounded or dispensed at such store or 
pharmacy, numbering, dating and filing them in the order in 
which they are compounded, and shall produce the same in 
court, or before any grand jury, whenever lawfully required to 
do so. And upon request, the proprietor or manager of such 
store shall furnish to the prescribing physician, and may ex¬ 
cept when otherwise instructed by the prescribing physicians, 
furnished to the person for who such prescription was com¬ 
pounded, or dispensed, a true and correct copy thereof, and 
said book or file, shall at all times be opened for inspection by 
duly authorized officers of the law. Provided that no copies 
be given of prescriptions contained any of the substances in¬ 
cluded in section 14, of this act. Every proprietor, or manager 
of a pharmacy, drug store or apothecary shop, shall keep in 
his place of business the latest edition of the United States 
Pharmacopoeia and National Formulary. 

Sec. 18. Whenever not being licensed as a pharmacist, 
shall conduct or manage any drug store, pharmacy or any other 
place of business for the compounding, dispensing or sale at 
retail of any drugs, medicines or poisons, or for the compound¬ 
ing of physicians prescriptions, contrary to the provisions of 
this act, shall be deemed guilty of a misdemeanor, and on con¬ 
viction thereof, shall be fined not less than $25.00 (twenty- 
five dollars) nor more than $100.00 (one hundred dollars) and 
each week or part thereof, that such drug store or pharmacy, 
or either place of business, is so unlawfully conducted, shall 
constitute a separate and distinct offense. Whoever not being 
licensed as a pharmacist or assistant pharmacist, shall com¬ 
pound, dispense or sell at retail any drug, medicine or poison, 
or medicinal preparation, either upon a physician’s prescrip¬ 
tion or otherwise, and whoever being the owner or manager of 
a drug store, pharmacy, or place of business, shall cause or per¬ 
mit any one not licensed as a pharmacist, or assistant pharma¬ 
cist to dispense, sell at retail, or compound any drug, medicine, 
poison, physician’s prescription contrary to the provisions of 



852 


section 1 of this act, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof, shall be fined not less than twenty- 
five dollars, nor more than one hundred dollars. Any license, 
or permit, or renewal thereof, obtained through fraud, or by 
any false or fraudulent representation shall be void and of no 
effect at law. Any person who shall procure by false or fraud¬ 
ulent representation for the purpose of procuring a license or 
permit, or renewal thereof, either for himself or for another 
shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, shall be fined not less than twenty-five dollars, nor 
more than one hundred dollars ($100.00) and any person who 
shall willfully make a false affidavit for the purpose of pro¬ 
curing a license or permit, or renewal thereof, either for him¬ 
self, or for another, shall be deemed guilty of perjury, and upon 
conviction thereof, shall be subject to like punishment as in 
other cases of perjury. Whoever being the holder of any li¬ 
cense or permit granted under this act, shall fail to expose such 
license or permit; or renewal thereof, in a conspicuous position 
in the place of business in which such license or permit relates 
or in which the holder thereof is employed, contrary to the 
provisions of this act, shall be deemed guilty of a misdemean¬ 
or, and upon conviction thereof, shall be fined not less than 
$5.00 (five dollars) nor more than $25.00 (twenty-five dollars), 
and each week or part thereof that such license, permit or re¬ 
newal shall not be exposed, shall be held to constitute a sepa¬ 
rate and distinct offense, and whoever being the holder of any 
license or permit, and without renewing the same, shall con¬ 
tinue to carry on the business for which such license or per¬ 
mit was granted, contrary to the provisions of this act, shall 
be deemed guilty of a misdemeanor, and upon conviction there¬ 
of, shall be fined not less than $10.00 (ten dollars) nor more 
than $25.00 (twenty-five dollars). Any person who shall vio¬ 
late any of the provisions of section 7 of this act shall be deem¬ 
ed guilty of a misdemeanor and upon conviction, shall be fined 
not less than $10.00 (ten dollars) nor more than $100.00 (one 
hundred dollars). Any person who shall violate any of the pro¬ 
visions of section 14, of this act, shall be deemed guilty of a 
misdemeanor, and upon conviction for the first offense shall be 
fined not less than $25.00 (twenty-five dollars) nor more than 
$50.00 (fifty dollars) and upon conviction for second offense, 
shall be fined not less than $50.00 (fifty dollars) nor more than 
$100.00 (one hundred dollars), and upon conviction for a sub¬ 
sequent offense, shall be fined not less than $100.00 (one hun- 



853 


dred dollars) nor more than $200.00 (two hundred dollars), 
and shall be sentenced to hard labor for the county for not 
more than six months, and if a licensed pharmacist, or assist¬ 
ant pharmacist, his license shall be revoked by said board of 
pharmacy. It shall be the duty under this act, of all judges 
at every term of their courts to charge all regularly empanell¬ 
ed grand jury to diligently inquire into and investigate all 
cases of the violations of any provisions of this act, and to 
make true presentment of all persons guilty of such violations. 
It shall be the duty of said board of pharmacy to cause the pros¬ 
ecution of all persons violating any provisions of this act. No 
prosecution shall be brought for the sale of any patent or pro¬ 
prietary medicine containing any of the drugs or preparations 
hereinbefore mentioned until said board of pharmacy shall cer¬ 
tify that such medicine contains any of the said drugs or prep¬ 
arations in excess of the minimum percentage hereinbefore 
mentioned. Whoever shall violate any of the provisions of 
section 15 of this act shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined not less than $10.00 
(ten. dollars) nor more than $25.00, (twenty-five dollars). 
Whoever shall fail to preserve the original of any prescrip¬ 
tion, or a true copy of the same, or to produce same when law¬ 
fully required, in accordance with the provisions of section 16 
of this act, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined not less than $25.00 (twenty- 
five dollars) nor more than $100.00 (one hundred dollars). Any 
person who shall conduct or manage any drug store, pharmacy, 
or apothecary shop, who shall fail to keep in his place of busi¬ 
ness, the latest edition of the United States Pharmacopoeia and 
National Formulary as provided in section 16, of this act, shall 
be deemed guilty of a misdemeanor, and upon conviction there¬ 
of, shall be fined not less than $5.00 (five dollars) nor more 
than $25.00 (twenty-five dollars). Any person violating any 
of the provisions of section 17, of this act, shall be deemed 
guilty of a misdemeanor, and on conviction thereof, shall be 
fined not less than $50.00 (fifty dollars) nor more than $100.00 
(one hundred dollars) for each offense. Whoever not being 
legally licensed as a pharmacist, apothecary, or any other title 
of similar import, shall take or exhibit the title of pharmacist 
contrary to the provisions of section 15, of this act, shall be 
deemed guilty of a misdemeanor, and upon conviction there¬ 
of, shall be fined not less than $10.00 (ten dollars) nor more 
than $50.00 (fifty dollars ). 

Approved September 29, 1915. 



854 


No. 739.) (H. 1363—Chamberlain. 

AN ACT 

To amend section 718 of the printed Code of Alabama of 1907. 

Be it enacted by the Legislature of Alabama: 

That section 718 of the printed Code of Alabama of 1907 be 
so amended as to read as follows: 

Section 718. That whenever the health officer of a county, 
city, or town, discovers a nuisance, or whenever complaint is 
made in writing to such health officer that a nuisance exists, 
such health officer shall, if the nuisance be in a municipality 
provided with ordinances for the abatement thereof, proceed in 
accordance with such ordinances, but if the alleged nuisance 
exist in a municipality not provided with ordinances fixing a 
method of procedure for the abatement thereof, or if the nuis¬ 
ance exist outside of the corporate limits of a municipalitv, the 
procedure shall be as follows: The health officer of such mu¬ 
nicipality, or of territory outside of the corporate limits of a 
municipality, shall thoroughly investigate the unsanitarv con¬ 
dition discovered, or complained of, and should he reach the 
opinion that the condition constitutes a nuisance, he shall 
promptly order the person, or persons, responsible therefor to 
remove or abate the same at his, or their, own expense, and 
shall fix a reasonable time within which this shall be done. 
Should the person, or persons, so ordered refuse or fail to abate 
or remove the nuisance within the time fixed, or should such 
person, or persons notify the health officer of their refusal to 
abate or remove the nuisance, the health officer shall, as soon 
as can be done, request the chairman of the committee of public 
health of the county board of health to call a meeting of said 
committee, giving the members thereof ample notice of the time 
and. place, of meeting, for the purpose of determining the fol¬ 
lowing things: (1) Whether or not the alleged nuisance is in 
fact a nuisance; (2) the method of abatement or removal, in 
case the alleged nuisance be declared in fact a nuisance; (3) 
whether the person alleged to be responsible for the nuisance 
is in fact so responsible. Due notice of the time and place of 
such meeting of the committee of public health shall be sent 
to the person, or persons, alleged to be responsible for the nuis¬ 
ance. A quorum of the committee of public health shall consist 
of not less than three members of said committee. In the event 
of a quorum not being present those members who are present 
shall adjourn to a date to be fixed by them, of which date the 



855 


members of said committee who were not present, and also the 
person, or persons, alleged to be responsible for the nuisance 
shall be duly notified. Whenever a quorum of the said commit¬ 
tee is present the procedure shall be as follows: All evidence 
that may be offered, both for or against the alleged existence of 
a nuisance shall be received and all parties directly interested 
shall be heard in person, or by counsel, or both. At the termina¬ 
tion of the hearing the said committee shall submit its opinion 
on the questions propounded, in writing, a copy of which shall 
be furnished by the health officer concerned to the person, or 
persons, alleged to be responsible for the nuisance.. Should the 
opinion of the committee be that a nuisance does in fact exist, 
and that the person or persons, charged with responsibility 
therefor is, the person, or are the persons, responsible for its 
creation or maintenance, the health officer concerned shall pre¬ 
scribe the time within which the nuisance must be abated or 
removed and must so notify the person, or persons, responsible 
therefor. Should such person, or persons, refuse or fail to exe¬ 
cute such order, the health officer concerned shall notify the 
court of county commissioners, or other board of like character, 
or the mayor and council, or other governing body of an incor¬ 
porated town in which no ordinances exist fixing a method of 
procedure for the abatement of nuisances, as the case may be, 
whereupon, it shall be the duty of the court of county commis¬ 
sioners, or other board of like character, or of the mayor and 
council, or other governing body, of such town, as the case may 
be, to proceed forthwith to have the nuisance abated in the man¬ 
ner prescribed by the committee of public health, and shall be 
authorized to incur such expense as may be involved in such 
abatement. At the suit of said court of county commissioners, 
or of other board of like character, or of the mayor and council, 
or other governing body, of such town, in any court of compe¬ 
tent jurisdiction, judgment may be rendered against the per¬ 
son or persons, responsible for the nuisance for the cost of 
abatement, the cost to be a lien on the property from which 
said nuisance was abated, provided that the person, or persons, 
responsible for said nuisance is, or are, the owner, or owners, 
of said property. In the event that the owner, or owners, of the 
property on which a nuisance exists be a non-resident, or non¬ 
residents, it shall be lawful to give notice to such person, or 
persons, to abate the nuisance by publication in a newspaper 
published in the county in which said property is situated once 
each week for two consecutive weeks, the cost of such publica¬ 
tion to be assessed to such owner, or owners, and if not paid it 



856 


shall be considered as a part of the expense of abating the nui¬ 
sance. The court of county commissioners, or other board of like 
character, or the mayor and council, or other governing body, of 
a municipality may grant a person, or persons, responsible for 
the expense incurred by such court of county commissioners, or 
other board of like character, or by the mayor and council, or 
other governing body of a municipality, in the abatement of a 
nuisance such time as may be deemed proper in which to repay 
such expense, any such extension of time shall provide for 
equal annual installments, not to exceed ten, for all deferred 
payments, such deferred payments to bear interest at the rate of 
five per centum per annum, payable annually, provided, how¬ 
ever, that no municipality or county, shall not be required to 
pay more than $300 in any one year for the abatement of nuis¬ 
ances, unless such municipality, or county, has legally voted 
to expend larger sums, in which event the municipalitv, or the 
county, may stipulate an additional amount which it will con 
sent to expend. 

Approved September 25, 1915. 


No. 740.) 


AN ACT 


(H. 1602—Green. 


To appropriate the sum of $79.59 to be paid to Eliasberg & Bros. Mercantile 
a ^°JP°ration, in payment of debts due said corporation by the 
state ot Alabama, for goods, wares and merchandise sold and delivered 
y said corporation in 1910 and 1911 to the convict department of the 
btate, and for freight charges advanced by said corporation for the 
btate, upon shipment of such goods, wares and merchandise to the said 
department. 


Be it enacted by the Legislature of Alabama: 

1. That there is hereby appropriated the sum of |79.59 to be 
paid to Eliasberg & Bros. Mercantile Co. a corporation, in pay¬ 
ment of debts due said corporation by the State of Alabama, for 
goods, wares and merchandise sold and deliverd by said corpo¬ 
ration in 1910 and 1911 to the convict department of the State, 
and for freight charges advanced by said corporation for the 
State, upon shipments of such goods, wares and merchandise to 
said department. 

2- appropriation herein made shall be paid out of the 
Sstate treasury by warrant drawn by the State auditor upon the 
treasurer. 

Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 



857 


of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due or should be paid and shall make an award in writing to 
the Governor as to the amount so due, and the said Governor 
shall in writing, order the State auditor to draw his warrant 
upon the State treasurer for the amount ascertained is due or 
should be paid, and it shall be the duty of the State treasurer 
to pay said warrant out of any money in the treasury not oth¬ 
erwise appropriated. 

Approved Sept. 25, 1915. 


No. 741.) (H. 1624—Welch. 

AN ACT 

To provide relief for solicitors of courts of record, other than circuit solic¬ 
itors, who have been prevented from performing the duties of their of¬ 
fices through illness or physical infirmities; to authorize and empower 
the boards of county commissioners, or county boards of revenue to pay 
such salaries where the same have not heretofore been paid. 

Be it enacted by the Legislature of Alabama: 

Section 1. That whenever any solicitor of a court of record, 
other than a solicitor of the circuit court was incapacitated 
from the performance of his duties by reason of illness or physi¬ 
cal infirmities, that it shall be the duty of the board of county 
commissioners or the boards of revenue of such county wherein 
said court is located and holden to pay said solicitor, or in the 
event of his death from said illness or physical infirmities, then 
to his legal representatives, his salary for such time that he may 
have been prevented from the performance of said official duties 
at the same rate and in the same manner and out of the same 
funds as provided by law as if he did and was attending to his 
said official duties, said compensation to be for and during the 
term of his disability and which has not heretofore been paid 
and for none other; and that he shall be entitled to and receive 
said compensation, and in the event of his death, then his legal 
representatives, notwithstanding that during the illness of said 
solicitor a salary was paid to an acting solicitor. 

Sec. 2. That the provisions of this act shall apply to the 
payments of all salaries or claims of solicitors, other than cir¬ 
cuit solicitors, which may have accrued since July 1, 1907. 
Approved September 25,1915. 



858 


No. 742.) (H. 1628—Hocjan. 

AN ACT 

To prescribe the qualifications, duties and compensations of coroners, in 

counties of this State of two hundred thousand inhabitants or more, 

according to the last preceding Federal census or any subsequent Fed¬ 
eral census. 

Be it enacted by the Legislature of Alabama, as follows: 

Section 1. That in counties of this State having a popula¬ 
tion of two hundred thousand or more or which may hereafter 
have a population of two hundred thousand or more, according 
to the last preceding Federal census or any Federal census here¬ 
after taken, it shall be a necessary qualification for the office 
of coroner, that such person as may be elected to such office 
shall be a physician of good standing, licensed to practice medi¬ 
cine under the laws of the State of Alabama, provided, how¬ 
ever, that this qualification shall not apply to assistants or 
employees of the coroner. 

Sec. 2. That the duties of coroners in the class of counties 
described in section one of this act, shall be the same as is now 
prescribed by law. 

Sec. 3. That such coroner shall receive for his compensa¬ 
tion three thousand dollars per annum, payable in monthly in¬ 
stallments, upon warrants issued by said county commissioners 
or boards of revenue, payable out of the county treasury. 

Sec. 4. That such coroner may have such assistants, cleri¬ 
cal force, conveniences, and facilities for transportation as may 
be determined by the county commissioners or boards of revenue 
of such counties, and such commissioners or boards shall fix 
and determine the amount of compensation to be paid such 
assistants or clerks, not to exceed one hundred dollars per 
month, to a chief clerk, or fifty dollars per month to an assist¬ 
ant. 

Sec. 5. That such coroner shall have and exercise all the 
duties and powers now conferred upon coroner by law, and in 
addition thereto such coroner may delegate to his chief clerk or 
assistant authority to hold inquests and to perform any and all 
other duties of such coroner as fully and as effectuailv as he 
himself could do. 

Sec. 6. That such coroner shall have no other or further 
compensation than the compensation named in section three of 
this act, and all fees and perquisites in any way belonging or 
appertaining to the office of coroner shall be paid by him into 
the county treasury of the county into a fund to be designated 



859 


as the coroner’s fund, and the salaries and compensation and 
expenses of the coroner’s office shall be paid out of such fund 
on the warrant of the board of revenue or county commission¬ 
ers of such county in so far as and to the extent of said fund 
to pay the same, but if there should be at any time not suffi¬ 
cient money in said coroner’s fund the compensation of the 
coroner and assistants and the expenses of such office shall be 
paid out of the general fund of the county in the amounts and 
to the extent of the insufficiency of the coroner’s fund to pay 
the same. 

Sec. 7. That all laws and parts of laws in conflict witli 
this act, are hereby expressly repealed. 

Approved September 25, 1915. 


No. 745.) (S. 533—Lee. 

AN ACT 

To provide for the appointment of an official court reporter by each circuit 
judge in Alabama; to fix their compensation, define their duties and 
provide for special reporters in certain cases. 

Be it enacted by the Legislature of Alabama: 

1. That each of the judges of the circuit court of this State 
is hereby authorized and directed to appoint a competent short¬ 
hand writer to perform the duties of official court reporter of 
their several circuits not otherwise provided with an official 
court reporter, but no two or more judges shall appoint the same 
court reporter; that no person shall be appointed official 'or 
special reporter under the provisions of this act who is not able 
to correctly report in short hand the proceedings in all trials as 
the same may occur, and neatly and expeditiously transcribe on 
the typewriter testimony taken by him; said official reporter 
shall be an officer of the court and within his circuit shall have 
the power to administer oaths and he shall hold office for the 
term of the judge appointing him but be subject to removal at 
any time at the pleasure of the judge. 

2. It shall be the duty of such official court reporter to 
attend the sessions of the courts of the circuits of which he is 
official reporter in person except as herein otherwise provided, 
and to take full stenographic notes of the oral testimony and 
proceedings except arguments of counsel, in every case in such 
courts as the presiding judge shall direct or any party thereto 
may request to be reported, and must also note the order in 
which all documentary evidence is introduced; all objections 



860 


and rulings of the court thereon and exceptions which may be 
reserved thereto. The original notes taken by such official 
court reporter shall be preserved by him and shall be treated 
as a part of the records of said court and on his retirement from 
office shall be turned over to the respective clerks of the courts. 
He shall, when directed by the presiding judge, attend the 
grand jury in its investigations and take notes of the testimony 
before it as may be directed by the solicitor or foreman, which 
notes shall be filed with the clerk of the court where taken; he 
shall furnish within thirty days or such other time as the judge 
of the court may prescribe to any party to a cause reported by 
him demanding the same a typewritten transcript of his notes 
or any part thereof except proceedings in the grand jury upon 
the payment of a transcript fee of ten cents for each 100 words 
thereof, and for each additional copy to be made at the same 
time five cents for each 100 words thereof; that in all cases 
where directed by the presiding judge such official court re¬ 
porter shall furnish one typewritten copy of the testimony and 
proceedings to be filed with the clerk of the court. He shall also 
in every case reported, unless otherwise directed by the court, 
within the time above provided, file with the clerk a typewrit¬ 
ten copy of the oral charge delivered by the judge to the jury on 
the trial of the cause, no charges to be made for such copy. 

3. Should the official reporter herein provided for on ac¬ 
count of sickness or other cause, be unable to report the testi¬ 
mony of any trial as provided in this act, the judge of the court 
shall have authority to appoint a special reporter to serve until 
the official reporter can resume his duties in such court, the 
compensation of such special reporter to be the same and paid 
in like manner as herein provided for official reporters; pro¬ 
vided, that in circuits having two judges or more the stenog¬ 
rapher appointed shall, when not otherwise engaged in the dis¬ 
charge of his official duties, be subject to the direction of any 
judge of such circuit, it being the intention and purpose of this 
provision to avoid the necessity of appointing a special reporter 
whenever any regular reporter of the circuit is available. 

4. That in all cases reported by any official reporter or spe¬ 
cial reporter, there shall be taxed as a part of the costs of the 
case a fee of five dollars for each day or fraction thereof that 
such reporter shall be engaged in reporting a case, to be col¬ 
lected as in other cases, and when collected paid by the clerk 
into the county treasury of the county in which the case is 
tried. 



861 


5. That such official reporter shall receive a salary of 
twelve hundred dollars per year, payable in monthly install¬ 
ments by the counties composing the circuits, each county to 
pay its prorata of such salary based upon the assessed taxed 
valuation of all property of such county for the preceding year; 
such payment to be made on certificates issued by the judge of 
the court in favor of such official reporter for the respective 
amounts due by the several counties each month, the same to be 
paid by the treasurer of each county out of the general funds 
thereof on presentation in the same manner as juror’s certifi¬ 
cates are now paid. 

6. That before any official or special reporter shall enter 
upon the duties of his office he must subscribe to an oath to 
support the Constitution and laws of the State of Alabama and 
to faithfully perform all the duties of such office. 

7. That all stationery and supplies to be used by such offi¬ 
cial or special reporters in their capacity as such shall be fur¬ 
nished and paid for by the county or counties composing the 
respective circuits in the manner provided for the payment of 
the salaries of such official and special reporters on requisition 
signed and approved by the judge of the court. 

8. Any official or special reporter who charges more than 
the fees herein specified for making any transcript, shall be 
guilty of a misdemeanor, and upon such fact being made known 
to the judge appointing such official or special reporter shall be 
promptly removed. 

9. In circuits having three circuit judges, each judge shall 
appoint one competent court reporter, each of such court re¬ 
porters shall receive a salary of $175.00 per month, to be paid 
by the county as provided for in this act as to other counties, 
and each and every provision of this act not in conflict with this 
section shall apply to such reporters. This salary shall be the 
only compensation to which such reporters shall be entitled to 
receive for any and all services rendered by this act. The fees 
to which said reporters would be entitled shall be charged by 
the clerk or register of the court and shall be collected by him 
and paid into the treasury of the county. The idea and inten¬ 
tion hereof being to pay such reporter said salary and have the 
fees allowed herein charged and collected by the clerk or regis¬ 
ter and paid into the county treasury. 

10. Tn judicial circuits having more than five judges, the 
judge or judges of criminal divisions of such courts are hereby 
authorized to each appoint and designate a competent court 
reporter to report the proceedings of any case pending in their 



862 


respective divisions, when the presiding judge of such division 
shall deem it necessary or proper to have such cases reported. 
The reporter so designated shall receive $5.00 per day for his 
services while actually engaged in reporting the proceedings and 
shall receive ten cents per 100 words for the transcript when 
the judge or solicitor desires a copy of such transcript; said 
amounts to be paid out of the county treasury upon the certifi¬ 
cate of the judge that the amount is correct. * 

11. That this act shall not apply to circuits composed of 
one county having two judges. 

12. That if any paragraph, provision or section of this act 
shall be held or declared to be invalid or unconstitutional, same 
shall not affect any other paragraph, provision or section. 

12%. That this act shall not apply to circuits having five 
or more judges except as to special reporters as provided for in 
section 10 of this act. 

13. That all laws in conflict with the provisions of this act 
shall be expressly repealed. 

14. That this act shall become effective on the first Mon¬ 
day after the second Tuesday in January, 1917. 

Approved September 25, 1915. 


No. 746.) (S. 489—Milner. 

AN ACT 

To re-establish the county courts which are provided for in article three (3) 
of chapter one hundred and ninety-eight (198) of the Code of Alabama 
in all counties wherein the same have heretofore been abolished, except 
in counties having a population of fifty thousand (50,000) or more ac¬ 
cording to the last preceding Federal census, and to define the power, 
jurisdiction and duty of all the county courts which are hereby re-es¬ 
tablished and of all the county courts which are provided for by article 
three (3) of chapter one hundred and ninety-eight (198) of the Code of 
Alabama, and to prescribe the manner in which prosecutions for mis¬ 
demeanors shall be begun, tried and determined therein and appeals 
taken therefrom, and to transfer all indictments pending in any county 
court to the circuit court of the county where found for trial therein, 
and to repeal all laws, whether local, general or special, in conflict with 
the provisions of this act. 

Be it enacted by the Legislature of Alabama : 

1. That the county courts which are provided for in article 
three (3) of chapter one hundred and. ninety-eight (198) of 
the Code of Alabama are hereby re-established in all counties of 
the State wherein such county courts have heretofore been abol¬ 
ished, except in counties having a population of fifty thousand 



863 


(50,000) or more according to the last preceding Federal cen¬ 
sus. 

2. That the county courts which are hereby re-established 
and also the county courts which are provided for in article 
three (3) of chapter one hundred and ninety-eight (198) of the 
Code of Alabama shall have original jurisdiction concurrent 
with the circuit court of all misdemeanors committed in their 
respective counties, and shall have and exercise all the power, 
jurisdiction and duty conferred upon county courts by article 
three (3) of chapter one hundred and ninety-eight (198) of 
the Code of Alabama and shall be governed by all the provisions 
of article three (3) of chapter one hundred and ninety-eight 
(198) of the Code, except as otherwise prescribed by this act. 
Provided that in counties wherein circuit courts are held in two 
places for the trial of criminal eases the county court shall be 
held at the same places at the county site on the first Monday 
in each month and at the other place on the second Monday in 
each month. 

3. That all trials or prosecutions instituted in all such 
county courts shall be begun upon affidavit and warrant as pre¬ 
scribed by section six thousand seven hundred and three (6703) 
of the Code, and shall be tried by the judge of such court with¬ 
out a jury as prescribed by section six thousand seven hundred 
and nineteen (6719) of the Code and the accused shall not have 
the right to demand a trial by jury as prescribed by section six 
thousand seven hundred and eighteen (6718) of the Code, but 
in all trials before such county courts the judge shall determine 
both the law and the facts without the intervention of a jury, 
and in cases of conviction the defendant shall have the right 
to appeal to the circuit court as provided for in section six 
thousand seven hundred and twenty-five (6725) of the Code, 
and the case appealed shall, be tried therein as prescribed by 
sections six thousand seven hundred and twenty-five (6725) 
et sequiter of the Code, and a jury trial may there be had on 
demand of the defendant as prescribed by law. 

4. That all indictments for misdemeanors returned by the 
grand jury of any county to the county court which is provided 
for such county by article three (3) of chapter one hundred and 
ninety-eight (198) of the Code of Alabama, or transferred from 
the court in which the grand jury finding such indictment was 
empanelled to any county court which is provided for by article 
three (3) of chapter one hundred and ninety-eight (198) of the 
Code for trial therein, whether with or without a jury, are 
hereby transferred from the county court in which such indict- 



864 


inents are pending to the circuit court of such countv, and the 
clerk of such county court shall forthwith deliver'the same 
together with all papers and documents relating thereto to the 
clerk of the circuit court, and the clerk of the circuit court so 
receiving the same shall at once enter all such cases on the 
proper docket of the circuit court where they shall stand for 
trial as though originally filed therein. 

That all laws, whether local, general or special, which 
prov ide for the trial of misdemeanors by a jury in any county 
court established or provided for according to the provisions 
of article three (3) of chapter one hundred and ninety-eight 
(198) of the Code of Alabama be and the same are hereby re¬ 
pealed, and all laws whether local, general or special, which 
provide for or authorize the transfer of indictments for misde¬ 
meanors returned by grand juries from any criminal, city or 
circuit court to any county court which is established under 
article three (3) of chapter one hundred and ninety-eight (198) 
of the Code of Alabama for trial in such county cour£ whether 
with or. without juries, be and the same are hereby repealed. 

6. That all laws, whether local, general or special, in con- 
flict with the provisions of this act he and the same are hereby 
repealed. 

7. That if any section, clause or provisions of this act shall 
be declared to be unconstitutional it shall not be held to affect 
any other section, clause or provision, but the same shall remain 
in full force and effect. 

8. 1 his act shall take effect on the first Tuesday after the 
second Monday in January one thousand nine hundred and 
seventeen (1917). 

9. (1) For every conviction for a misdemeanor in the coun¬ 
ty courts or inferior courts there shall be taxed and collected 
as a part of the costs and paid into the county treasury the 
same solicitor’s fee provided for convictions in such cases in 
the circuit court whether such judgment be paid in the county 
court or on appeal to the circuit court, (2) Also that in coun¬ 
ties having a population of less than fifteen thousand according 
to the last or any subsequent Federal census in which there is a 
city or town other than where the court house is situated hav¬ 
ing a population of more than one thousand according to the 
last or any subsequent Federal census, the judge of the county 
court may hold regular and special terms of such court in such 
city or town whenever in his opinion the public convenience 
will be thereby subserved. (3) That in all counties having a 
population of more than twenty-six thousand and less than 



• 865 


twenty-six thousand one hundred according to the last 
United States census or any subsequent census, the judges of 
probate thereof shall be ex-officio judge of said court, and shall 
be paid out of the county treasury an annual salary in equal 
installment of nine hundred ($900.00) dollars, which shall be 
in lieu of all fees and compensations allowed by law to such 
court or judge for services rendered in and about such court; 
the payment of such salary to be by warrant of such judge 
drawn on the treasurer of the county on the first of each month. 
That the circuit clerk of counties mentioned in this sub-division 
shall be ex-officio clerk of said court, and shall receive for his 
services therein the same fees as provided by law for similar 
services in the circuit court to be taxed as cost in each case. 
That the sheriff shall receive for his services therein the same 
fees as provided by law for similar services in the circuit court 
to be taxed as cost in each case. 

Approved September 25, 1915. 


No. 746.) (S. 803—Denson. 

AN ACT 

To change the name of the railroad commission of Alabama to the Alabama 
public service commission, and to enlarge its authority, powers and 
jurisdiction. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the name of the railroad commission of Ala¬ 
bama is hereby changed to the “Alabama Public Service Com¬ 
mission that all of the authority, rights, powers, duties, privi¬ 
leges and jurisdiction of the railroad commission of Alabama 
are hereby expressly conferred upon the Alabama public service 
commission as full as if so named in any laws of this State; that 
all actions and proceedings now or hereafter pending in the 
name of the railroad commission shall survive; and be contin¬ 
ued and prosecuted by and in the name of the Alabama public 
service commission; and that no right, privileges, immunities 
or appropriations granted to or made in behalf of the railroad 
commission of Alabama shall merge, lapse or be lost by reason 
of such change of name, but shall be conferred, transferred, and 
imposed upon the Alabama public service commission. 

Sec. 2. That the president and the two associate members 
now elected and serving as the railroad commission of Alabama, 
be and the same are hereby continued in their respective offices 


21 GA 



866 


until the expiration of their several terms, and they shall have 
and exercise all authority, rights, powers, duties, privileges and 
jurisdiction, now or which may hereafter be conferred by the 
law upon them as members of the railroad commission of Ala¬ 
bama, while acting under their new designation as president 
and associate members of the Alabama public service commis¬ 
sion ; and that no authority, rights, powers, duties, privileges, 
or jurisdiction now accorded to or exercised by the railroad 
commission of Alabama, shall be lost to the president and asso¬ 
ciate members of such commission by reason of the transfer of 
authority and change of name as herein. 

Sec. 3. That in addition to any powers under the laws of 
this State, now conferred upon or exercised by the railroad 
commission of Alabama, the Alabama public service commis¬ 
sion, upon which has herein been conferred all the authority, 
rights, powers, duties, privileges and jurisdiction thereof, shall 
have and exercise exclusive jurisdiction, supervision and au¬ 
thority over the rates and charges, with full power to regulate, 
supervise and control said rates and charges, of all street rail¬ 
way companies, telephone companies, telegraph companies, 
electric companies, gas companies, water companies, hydro elec¬ 
tric or water power companies, heating companies, combination 
gas and electric companies, combination electric and water 
companies, combination electric and heating companies, combi¬ 
nation electric, heating and gas companies, combination elec¬ 
tric, heating, gas and water companies, operating or doing busi¬ 
ness for hire in this State, either as a person, firm or corpora¬ 
tion, but nothing herein shall be construed as a regulation of or 
interfering with interstate commerce; provided that the provis¬ 
ions of this act shall not apply to municipally owned utilities. 
That the Alabama public service commission is charged with the 
duty of supervising, regulating and controlling of such persons, 
firms and corporations doing business as aforesaid in this State 
in all matters relating to their rates and charges, and of cor¬ 
recting abuses therein by such persons, firms or corporations. 
And the commission shall, from time to time, in the manner 
now, or that may hereafter be authorized by law, for prescrib¬ 
ing and enforcing the rates and charges of railroads in this 
State prescribe and enforce against such persons, firms or cor¬ 
poration such rates and charges as may be reasonable and just, 
and shall require such persons, firms or corporations to estab¬ 
lish and maintain such rates and charges as may be reasonable 
and just, which said rates and charges the commission may 
from'time to time alter or amend; provided, that where the rates 



867 


or charges have been fixed or prescribed by statute the commis¬ 
sion shall not have the power to increase such rates or charges; 
and provided further that nothing herein shall be construed to 
affect any valid subsisting contract now in existence; and pro¬ 
vided further that nothing herein shall be construed to affect 
any future contract entered into by and between any municipal¬ 
ity and such person, firm or corporation. 

Sec. 4. That the Alabama public service commission shall 
have general supervision of all persons, firms, corporations, op¬ 
erating public utilities, mentioned in this act, shall inquire into 
the management of the business, and shall keep itself informed 
as to the manner and method in which the business is conducted. 
It shall examine such public utilities as often as may be neces¬ 
sary to keep informed as to their general condition, their fran¬ 
chises, capitalization, rates and other charges, and the manner 
in which their plants, equipments and other property are owned, 
leased, controlled, managed, conducted, and operated, not only 
with respect to adequacy, security and accommodation afforded 
by their service, but also with respect to their compliance with 
the provisions of this act and any other law or laws with the 
orders of the commission and with the character and franchise 
requirements. It shall assemble and keep on file, available for 
the use of the public, full statistics on the foregoing, as well as 
on all other matters or things connected with such utility as is 
necessary-to a full knowledge of their business and affairs. 

Sec. 5. All laws, general and special, expressly or impliedly 
in conflict with the provisions of this act are hereby expressly 
repealed, and this act shall take effect immediately upon its 
passage. 

Sec. 6. That if any section or provision in this act be de¬ 
clared unconstitutional or invalid, that shall not affect or in¬ 
validate the remaining sections or provisions. 

Approved September 25, 1915. 


No. 747.) (S. 904—Hill. 

AN ACT 

For the relief of the secretary of the Senate and the chief clerk in his office, 
and the assistant secretary of the Senate, the clerk of the House, the 
assistant clerk of the House, and reading clerk of the House. 

Whereas, the Senate on the 17th day of July, 1915, did 
originate and adopt two resolutions Nos. 98 and 101, and in and 
by said resolution No. 98, it increased the per diem of Mrs. 
A. O. Barry, chief clerk in the office of the secretary of the 



868 


Senate, from four dollars to eight dollars per day; and in and 
by said resolution 101, it increased the per diem of J. A. Kyle, 
secretary of the Senate, from six dollars to ten dollars per day; 
and, 

Whereas, the Senate originated and passed Senate bill 719 
which was signed by the Governor on the 16th day of August, 
1915, in and by which they were allowed eight and ten dollars 
per day respectively, from that date; and, 

Whereas, they have been unable to draw their per diem for 
the extra four dollars per day from the said 17th day of July, 
1915, the date of the adoption of said resolutions, to the said 
16th day of August, 1915, the date of the Governor’s signature 
to said Senate bill 719, and the State would be justly indebted 
to them in the sum of four dollars per day from the said 17th 
day of July, 1915, the date of the adoption of said resolutions, 
to the said 16th day of August, 1915, the date of the Governor’s 
signature to said Senate bill 719; therefore, 

Be it enacted by the Legislature of Alabama : 

Section 1. The State auditor be and he is hereby directed 
to draw his warrant upon the State treasurer in favor of J. A. 
Kyle, secretary of the Senate, for one hundred twenty dollars. 
That said State auditor be and he is hereby further directed to 
draw his warrant upon the State treasury in favor of Mrs. A. O. 
Barry, chief clerk in the office of the secretary of the Senate, 
for $120.00. That said State auditor be and he is hereby further 
directed to draw his warrant upon the State treasurer in favor 
of H. F. Reese, Jr., assistant secretary of the Senate for $60.00. 
The State auditor is hereby directed to draw his warrant upon 
the State treasurer in favor of W. F. Herbert, clerk of the 
House, for $120.00, and for J. Q. Adams, assistant clerk of the 
House, for $60.00, and C. B. Brown, reading clerk of the House 
for $60.00, in payment to them respectively for their services 
from the said 17th day of July, 1915, to the 16th day of August, 
1915, the date of the Governor’s signature to said Senate bill 
719, as a balance due them for the extra per diem allowed them. 

Approved September 25, 1915. 


No. 749.1 (S. 878—Green. 

AN ACT 

To amend section 36 of an act “To create a banking department of the State 
of Alabama and through this department to regulate, examine and su¬ 
pervise banks and banking, and to punish certain prohibited acts relat¬ 
ing thereto,” approved March 7, 1911. 



869 


Be it enacted by the Legislature of Alabama : 

That section 36 of an act “To create a banking department 
of the State of Alabama and through this department to regu¬ 
late, examine and supervise banks and banking, and to punish 
certain prohibited acts relating thereto,” approved March 7, 
1911, be amended so as to read as follows: Sec. 36. Any bank 
examiner, office assistant or superintendent of banks who shall 
knowingly and wilfully disclose the condition and affairs of 
any bank ascertained by an examination, or who shall know- 
ingly and wilfully, except to the extent as authorized by law, 
report or give information as to who are depositors or debtors 
of a bank where such information is obtained by an examina¬ 
tion of such bank, shall be guilty of a misdemeanor and, upon 
conviction, must be fined not less than one hundred nor more 
than one thousand dollai^s. Provided, however, that the super¬ 
intendent of banks, if he sees fit, may furnish to the Federal 
Reserve Board of the United States, copies of the imports of the 
bank examiners, and copies of the sworn statements of all State 
banks, which may become members of the Federal Reserve Bank 
system of the United States. 

Approved September 25, 1915. 


No. 749.) (S. 437—Hartwell. 

AN ACT 

To amend sections four and ten of an act, approved April 8, 1911, and enti¬ 
tled: “An act to provide and create a commission form of government 
and to authorize the adoption of the same in all cities and towns in the 
State of Alabama which now are not, or hereafter may not be. within 
the influence or operation of any other valid legislative enactment au¬ 
thorizing or adopting such form of government; to regulate the selec¬ 
tion, and election of commissioners and their terms of office and reten¬ 
tion in and recall from office; to provide for the selection of one com¬ 
missioner as mayor, and the retention in office of certain officials; to 
fix the powers, duties and compensation of such commissioners; to pun¬ 
ish improper conduct in connection with elections and petitions hereun¬ 
der; to abolish boards of public works, police commissioners, council- 
men, aldermen, and certain other city and town officials of such mu¬ 
nicipalities as adopt the said form of government; and generally to 
authorize and provide for the creation and maintenance of said com¬ 
mission form of government and to amend said act by adding thereto 
section 31—a.” 

Be it enacted by the Legislature of Alabama: 

1. That section 4 of an act approved April 8, 1911, and en¬ 
titled “An act to provide and create a commission form of gov¬ 
ernment and to authorize the adoption of the same in all cities 



870 


and towns in the State of Alabama which now are not, or here¬ 
after may not be, within the influence or operation of any other 
valid legislative enactment authorizing or adopting such form 
of government; to regulate the selection, and election of com¬ 
missioners and their terms of office and retention in and recall 
from office; to provide for the selection of one commissioner as 
mayor, and the retention in office of certain officials; to fix the 
powers, duties and compensation of such commissioners; to 
punish improper conduct in connection with elections and peti¬ 
tions hereunder; to abolish boards of public works, police com¬ 
missioners, councilmen, aldermen and certain other city and 
town, officials of such municipalities as adopt the said form of 
government; and generally to authorize and provide for the cre¬ 
ation and maintenance of said commission form of govern¬ 
ment,” be amended so as to read as follows: That whenever the 
commission form of government is adopted as herein provided, 
the mayor of other chief executive officer of such city in office 
at the time of such adoption shall become one of the commis¬ 
sioners herein provided for, and shall hold office as such com¬ 
missioner until October 1st, of the year in which his term as 
mayor would have expired had such office remained undisturb¬ 
ed, provided, that if such expiration be in the same year as such 
adoption of commission government, the term of office of such 
commissioner shall extend to the first day of October of the next 
year. Within three days after the adoption of such commission 
form of government by such city as hereinabove provided the 
major or other chief executive officer thereof shall call an elec¬ 
tion for the purpose of electing two other commissioners for 
such city, which election shall be held on the first Monday 
after sixty daj 7 s from the date of the election adopting the com¬ 
mission form of government, and not less than thirty days no¬ 
tice of the date and purpose of such election shall be given by 
the mayor or other chief executive of the city by advertisement 
at the expense of the city in some newspaper published in said 
city, if there be one, and if there be no newspaper then by post¬ 
ing notice at five public places in the city. At such election two 
persons who are qualified electors of said city shall be elected to 
hold office as commissioners of said city, one for a short term 
and the other for a long term and they, with the person who has 
become a commissioner by virtue of having been mayor, shall 
constitute the three commissioners of said city. The term of 
office of the commissioner who shall be elected for the short 
term shall expire on September 30th of the second year after the 
expiration of the term of office of that commissioner who be- 



871 


comes such by virtue of being mayor and the term of office of 
the commissioner who shall be elected for the long term shall 
expire on September 30th of the fourth year after the expira¬ 
tion of the term of office of that commissioner who becomes 
such by virtue of being mayor. The term of office of each com¬ 
missioner elected after the first selection hereinabove provided 
for shall be for six years, beginning the 1st day of October of 
said year of his election, provided, however, that the term of 
office of the successor to any commissioner who was elected 
prior to the year A. D. 1915, and whose term of office shall ex¬ 
pire September 30th, 1915, shall be for four years; that the 
term of office of the successor to any commissioner who was 
elected prior to 1915 and whose term of office shall expire Sep¬ 
tember 30th, 1916, shall be for five years; that the term of office 
of the successor of any commissioner who was elected prior to 
the year 1915 and whose term of office shall expire, on the 30th 
day of September, 1917, shall be for six years, and the succes¬ 
sors of those commissioners whose terms of office shall expire 
1919, 1920 and 1921, respectively, shall each be for six years 
from the first day of October in the year in which he was elect¬ 
ed. All commissioners shall hold office until their successors 
are elected and qualified. The elections in this paragraph au¬ 
thorized, including the naming of candidates shall conform in 
all respects to the provisions and regulations hereinafter con¬ 
tained with respect to elections of commissioners. 

2. That section 10 of an act approved April 8, 1911, and enti¬ 
tled : “An act to provide and create a commission form of gov¬ 
ernment and to authorize the adoption of the same in all cities 
and towns in the State of Alabama which now are not, or here¬ 
after may not be, within the influence or operation of any other 
valid legislative enactment authorizing or adopting such form 
of government ; to regulate the selection, and election of com¬ 
missioners and their terms of office and retention in and recall 
from office, to provide for the selection of one commissioner as 
mayor, and the retention in office of certain officials; to fix the 
powers, duties and compensation of such commissioners; to 
punish improper conduct in connection with elections and peti¬ 
tions hereunder; to abolish boards of public works, police com¬ 
missioners, councilmen, aldermen, and certain other city and 
town officials of such municipalities as adopt the said form of 
government; and generally to authorize and provide for the 
creation and maintenance of said commission form of govern¬ 
ment,be amended so as to read as follows: “Section 10. In 
every city which shall adopt, or shall have adopted, the provis- 



872 


ions of this act, an election shall be held on the second Monday 
in September of each year in which the term of office of a com¬ 
missioner shall expire. Any person desiring to become a candi¬ 
date for commissioner at any election which may be held under 
the terms of this act may become such candidate by filing in the 
office of the mayor of said city if at the first election of com¬ 
missioners under this act, or with the commission at any subse¬ 
quent election, a statement of such candidacy, accompanied by 
affidavit taken and certified by said mayor, or a member of said 
commission, or by a notary public, that such person is duly 
qualified to hold the office for which he desires to become a can¬ 
didate. Such statement shall be filed at least twenty days be¬ 
fore the day set for such election, and shall be substantially in 

the following form: “State of Alabama,.county. I, the 

undersigned, being first duly sworn depose and say that I am a 
citizen of the city of..in said State and county and re¬ 
side at.in said city; that I desire to become a candidate 

for the office of commissioner in said city for the term ending 

September 30th, 19., at the election for said office to be held 

on the.day of..; that I am duly qualified to hold 

said office if elected thereto, and I hereby request that my 
name be printed upon the official ballot at said election. 

(Signed). Subscribed and sworn to before me by said 

.on this the.day of.19., and filed in 

this office for record on said day.(style of officer).” 

Said statement shall be accompanied by a petition signed by 
such number of qualified electors of said city as equals or ex¬ 
ceeds three per cent of the number of votes cast in the last pre¬ 
ceding municipal election in said city, certifying that they have 
requested that such person become a candidate for said office 
at said election and requesting that his name be printed on the 
official ballot for such election. The signers to said petition 
shall set forth their names in full and their residence addresses, 
and said petition shall be substantially like the following form: 
“We, the undersigned, duly qualified electors of the city of 

., and residing at the places set opposite our respective 

names, do hereby request that the name of.be placed 

upon the official ballot as a candidate for the office of.. 

in said city for the term of...years, at the election to be 

held in this city on the.day of. We further state 

that we know said.to possess the qualifications neces¬ 

sary for said office and to be in our judgment a fit and proper 
person to hold said office.” 






















873 


Sec. 3. That the act approved April 8, 1911, the title to 
which is set forth in sections one and two hereof, be amended by 
adding thereto, after section 31, another section which shall be 
number 31-A and shall be as follows: ‘31-A.—Whenever an 
application shall be presented to the board of commissioners 
purporting to be signed by electors of the city then dulv quali¬ 
fied to vote in the city, equal in number to at least twenty-five 
per centum of the entire number of voters who were duly quali¬ 
fied to vote in the last general municipal election held 'in said 
city for the purpose of electing a city commissioner, requesting 
that a certain ordinance, setting out the provisions thereof, be 
enacted into law by the board of commissioners of said city, it 
shall then be the duty of said board of commissioners to forth¬ 
with examine into the qualifications of the signers of said peti¬ 
tion, and if it shall find that said petition does not contain 
twenty-five per centum in number of the entire number of voters 
who were duly qualified to vote in the last general municipal 
election for the purpose of electing a city commissioner it shall 
within ten days after the receipt of such petition, notify the 
persons presenting the same in writing of such fact, provided 
their names and addresses shall have been endorsed on said 
petition as the presenters of said petition, said presenters not 
to exceed ten, however, and thereupon the persons so presenting 
the said petition shall have ten days within which to secure 
additional signers to meet the deficiency pointed out by the said 
board of commissioners and in case of failure to secure any ad¬ 
ditional numbers that may be necessary within ten days, no fur¬ 
ther action shall be taken upon said petition by the said board 
of commissioners. If the said petition as originally presented 
is found by said board of commissioners of said city to contain 
the signatures of electors of the city then duly qualified to vote 
in the city, equal in number to at least twenty-five per centum 
of the entire number of voters who were duly qualified to vote 
in the last general municipal election held in said city for the 
purpose of electing a city commissioner, or if additional names 
shall have been secured thereto as hereinabove provided, to 
bring the total number of signatures of such voters up to said 
twenty-five per centum and said petition conforms to the other 
requirements of this act, then the said board of commissioners 
of said city shall within thirty days after receipt of said peti¬ 
tion consider the said proposed ordinance, and if it fail or re¬ 
fuse to enact said ordinance into law within said thirty days 
after the receipt of said petition, it shall then be the duty of 
said board of commissioners to submit to a vote of the electors 



874 


of said city, either at a general election for commissioner of said 
city or a special municipal election to be held, such election in 
any case to be not less than sixty days nor more than seventy 
days from the date of the filing of said petition, the question of 
whether or not said ordinance shall become law. Notice of such 
election shall be given by publication once a week for three suc¬ 
cessive weeks in some newspaper, if any, published in said city, 
and if there be no such newspaper, then by posting notice of 
said election at five public places in said city at least twenty 
days before the date fixed for said election, and such election 
shall be held and the result declared in all respects the same as 
a general election for a commissioner of said city. At such elec¬ 
tion, the ballots shall be substantially in the follownig form: 
“Official Ballot” (Then shall follow a brief statement of the 
substance of said proposed ordinance). ( ) For said ordi¬ 
nance. ( ) Against said ordinance.” Those in favor of the 

enactment of said ordinance into law shall so indicate by plac¬ 
ing a cross mark within the brackets before the words “For said 
ordinance” and those who are opposed to the enactment of said 
ordinance into law shall so indicate by placing a cross mark 
within the brackets before the words “Against said ordinance. 
A separate ballot shall be prepared and used for each proposed 
ordinance. Should a majority of the votes cast in said election 
be in favor of the enactment into law of said proposed ordi¬ 
nance, then said ordinance shall become operative three days 
after the result of said election shall have been declared, but 
should a majority of the votes cast in said election be against 
said ordinance, then said proposed ordinance shall not become 
law by reason of said procedure. 

Approved Sept. 28, 1915. 


No. 750.) 


AN ACT 


(S. 400—Judge. 


To define the manner by which incorporated social and Hterary societies or 
clubs may execute a mortgage or deed of trust upon their property. 


Be it enacted by the Legislature of Alabama: 

That social and literary societies or clubs heretofore incor¬ 
porated, or that may hereafter be incorporated under article 
of the Code of Alabama, 1907, be authorized to execute a mort¬ 
gage or deed of trust upon any part or all of their real and per¬ 
sonal property to secure the payment of any debt contracted or 



875 


for money to be borrowed, in the following manner: The cen¬ 
tral or general governing body of such corporation shall call a 
meeting of the members of such society or club and give ten 
days’ notice of the time, place and purpose of such meeting to 
each member of said society or club whose residence is known, 
personally or by letter, properly addressed with postage pre¬ 
paid and deposited in the postoffice of the city wherein said 
society or club is located, and also by publication once a week 
for two consecutive weeks in a newspaper published in said 
city. If at said meeting at least twenty-five members are pres¬ 
ent, a four-fifths majority of said members assembled may 
authorize the governing body to cause to be executed a mortgage 
or deed of trust upon all or such part of the property of said 
society or club as such majority may determine, such mortgage 
or deed of trust to be executed by such officer or officers as said 
governing body may direct. 

Approved September 25,1915. 


No. 7501/2-) (S. 674—Lee. 

AN ACT 

To divide the State of Alabama into ten congressional districts. 

Be it enacted by the Legislature of Alabama: 

Section 1. The State is hereby divided into ten congres¬ 
sional districts as follows: The first district shall be composed 
of the counties of Choctaw, Clark, Marengo, Mobile, Monroe 
and Washington. The second district shall be composed of the 
counties of Baldwin, Butler, Conecuh, Covington, Crenshaw, 
Escambia, Montgomery, Pike and Wilcox. The third district 
shall be composed of the counties of Barbour, Bullock, Coffee, 
Dale, Geneva, Henry, Houston, Lee and Russell. The fourth 
district shall be composed of the counties of Calhoun, Chilton, 
Cleburne, Dallas, Shelby and Talladega. The fifth district 
shall be composed of the counties of Autauga, Chambers, Clay, 
Coosa, Elmore, Lowndes, Macon, Randolph and Tallapoosa. 
The sixth district shall be composed of the counties of Bibb, 
Green, Hale, Perry, Sumter and Tuscaloosa. The seventh dis¬ 
trict shall be composed of the counties of Cherokee, Cullman, 
DeKalb, Etowah, Blount, Marshall and St. Clair. The eighth 
district shall be composed of the counties of Colbert, Lauder¬ 
dale, Lawrence, Limestone, Madison and Morgan and Jackson. 
The ninth district shall be composed of the county of Jefferson. 



876 


The tenth district shall be composed of the counties of Pickens, 
Fayette, Franklin, Lamar, Marion, Winston and Walker. 

Sec. 2. Provided, however, that this act shall take effect 
on March 4th, 1917. But for the purposes of an election there 
shall be elected in 1916 a congressman from the 10th district 
and all other districts. 

Approved September 25,1915. 


No. 751.) (S. 760—Ellis. 

AN ACT 

To authorize and empower the county commissioners, boards of revenue, 
courts of county revenues or boards or courts of like powers and juris¬ 
diction in counties of this State having a population of more than fifty 
thousand inhabitants and less than seventy-five thousand inhabitants 
according to the last preceding Federal census and consituting within 
themselves separate judicial circuits, to pay out of the funds of such 
counties to the judges of the circuit courts in such counties salaries 
supplementary and in addition to the salaries paid to such judges by the 
State. 

Be it enacted by the Legislature of Alabama : 

1. That the county commissioners, boards of revenue, 
courts of county revenues or other boards or courts of like pow¬ 
ers and jurisdiction in counties of this State having a popula¬ 
tion of more than fifty thousand inhabitants and less than sev¬ 
enty-five thousand inhabitants according to the last preceding 
Federal census and constituting within themselves separate 
judicial circuits at the time this bill goes into effect be and they 
are hereby authorized and empowered to pay to the judges of 
the circuit courts in such counties salaries supplementary and 
in addition to the salary paid by the State to such judges. 

2. That this act shall be and become effective and go into 
force from and after the first day of January, 1917. 

Approved September 25, 1915. 


No. 752.) (S. 894—Judge. 

AN ACT 

To amend an act entitled “An act to fix the time of electing the successor to 
the commissioner whose term of office expires during the year 1915, in 
all cities having a population of one hundred thousand or over accord¬ 
ing to the last or any subsequent Federal census, approved August 16th, 
1915” 



877 


Be it enacted by the Legislature of Alabama : 

Section 1. That an act entitled “an act to fix the time of 
electing the successor to the commissioner whose term of office 
expires during the year 1915, in all cities having a population 
of one hundred thousand or over according to the last or any 
subsequent Federal census, approved August 16th, 1915,” be 
and the same is hereby amended so as to read as follows: 
“That in all cities of the State of Alabama having a population 
of one hundred thousand or over according to the last or any 
subsequent Federal census that the successor to the commis¬ 
sioner whose term of office expires during the year 1915 shall 
be elected at an election to be held on the second Monday in 
October, 1915.” 

Sec. 2. That all laws in conflict with this act are hereby 
repealed. 

Sec. 3. This act shall take effect immediately after its 
passage. 

Sec. 4. In case no candidate shall receive a majority of all 
votes cast for such office another election shall be held on the 
same day of the following week for said office at which the 
two candidates receiving the highest number of votes for such 
office shall be voted for and the candidate receiving the highest 
number of votes at said second or run-off election shall be de¬ 
clared elected. 

Approved September 28, 1915. 


No. 754.) (S. 905—Cooper. 

AN ACT 

To provide for a taxation of the capital stock of building and loan asso¬ 
ciations. 

Be it enacted by the Legislature of Alabama : 

That building and loan associations shall pay annually a 
privilege tax in lieu of all other taxes on the capital stock at the 
rate of sixty cents per one thousand dollars on the amount 
actually paid in on the capital stock. Be it further enacted, 
That all laws in conflict herewith be and the same are hereby 
repealed. 

Approved September 28, 1915. 



878 


No. 755.) (g. 870—Judge. 

AN ACT 

To provide for the appointment of bailiffs of courts in circuits composed of 
only one county and having four or more judges. 

Be it enacted by the Legislature of Alabama : 

Section 1. That in all circuits of the State of Alabama com¬ 
posed of only one county and haying four or more judges the 
bailiffs of such court shall be appointed by the judges of such 
court. Each judge of such court to appoint the bailiff or 
bailiffs who act in the court over which such judge presidesr 
Approved September 28, 1915. 


No. 757.) 


AN ACT 


(S. 259—Denson. 


To authorize the courts of county commissioners, boards of revenue, or like 
officers of each county of the State of Alabama to pay for the improve¬ 
ments or constructing of public roads, public highways, bridges, cross- 
ways, culverts, viaducts or other public improvements which may have 
been heretofore ordered made by such court of county commissioners, 
board of revenue, or within any municipality within their county, and 
which remains unpaid because such court of county commissioners, 
board of revenue, or like officers had no authority to order such im¬ 
provements, or for any other reason. 


Be it enacted by the Legislature of Alabama: 

Section 1. That the courts of county commissioners, board 
of revenue or like officers of each county of the State of Ala¬ 
bama are hereby authorized to pay out of the general funds of 
the county, for any improvements or construction of any public 
roads, public highways, bridges, crossways, culverts, viaducts 
or other public improvements which may have been before the 
passage of this act, ordered by such court of county commis¬ 
sioners, boards of revenue, or like officers or their predecessors, 
in their respective county or within any municipality within 
their county, and which still remains unpaid, because such 
court of county commissioners, board of revenue, or like offi¬ 
cers, or their predecessors had no authority to make such im¬ 
provements, or which remains unpaid for any other reason. Pro¬ 
vided that nothing herein shall be construed to authorize pay¬ 
ment of such warrants hereafter issued. That only such war¬ 
rants as have heretofore been issued and the court or board 
shall pass an order setting forth the fact that such warrants 



879 


have been issued in good faith and that the county has received 
the benefit thereof. 

Sec. 2. That all laws and parts of laws in conflict wifh this 
act are hereby expressly repealed. 

Approved September 28, 1915. 


No. 759.) (S. 298—Bulger. 

AN ACT 

To ratify and confirm the contracts and agreements made by Governor 
Emmet O’Neal during his administration as Governor for employment 
of special counsel for the State and the payments made for and on 
account thereof, and to provide for the payment of such services as 
have been rendered, and for which, payment has not been made. 

Section 1. Be it enacted by the Legislature of Alabama> 
That the contracts and agreements made by Governor Emmet 
O’Neal during his administration as Governor of the State, for 
the employment of special counsel to represent the interests of 
the State in civil and criminal proceedings, and in other pro¬ 
ceedings and transactions in which the interest of the State 
was involved, and for the payment of fair and just compensa¬ 
tion for services performed by counsel thereunder and the pay¬ 
ments, in whole or in part, heretofore made by the treasurer for 
or on account of any such contracts or agreements, be and the 
same are hereby ratified and confirmed, and the treasurer is 
hereby authorized and directed to pay to such counsel any sum 
or sums due and owing him or them for such services as have 
been performed by them and for which they have not been paid; 
such payment or payments to be made out of the general funds 
of the treasury not otherwise appropriated, on the auditor’s 
warrant drawn upon the certificate or requisition of the attor¬ 
ney general. That there is hereby created a commission com¬ 
posed of the Governor, attorney general, auditor, treasurer and 
director of the department of archives and history to pass upon 
and determine the just and proper amount due the persons 
named in this bill and they are authorized to hear evidence, 
and may award such sum to the several persons named for ser¬ 
vices mentioned by a written award for an amount not exceed¬ 
ing amounts heretofore claimed, and on such award and on 
order of the Governor the auditor shall issue his warrant for 
such amount as may be so awarded and ordered paid. 

Approved October 2, 1915. 



880 


No. 762.) (S. 762—Cooper. 

AN ACT 

To protect dipping vats within the State of Alabama. 

Be it enacted by the Legislature of A labama : 

Section 1. That any person who unlawfully, negligently or 
intentionally injures, destroys or attempts to injure or destroy 
any dipping vat, not his own within the State of Alabama shall 
he guilty of a misdemeanor and upon conviction shall he fined 
not more than one thousand dollars, and may also be sentenced 
to hard labor for the county for not more than twelve months 
at the discretion of the jury. 

Sec. 2. That all laws, or parts of laws, in conflict with the 
provisions of this act be and they are hereby repealed. 

Sec. 3. That this act shall become effective immediately 
upon its approval by the Governor. 

Approved September 25, 1915. 


No. 763.) (S. 626—Hill. 

AN ACT 

i To amend section 2967 of the Code of 1907. 

Be it enacted by the Legislature of Alabama ; 

Section 1. That section 2967 of the Code of Alabama, 1907, 
be and the same is hereby amended so as to read as follows: 
The defendant in any suit commenced by attachment, or in any 
proceeding against him as a bankrupt, or in any suit in the 
chancery court in which an injunction against him is issued, 
may bring suit on the attachment bond, or against the plaintiffs 
as for a malicious prosecution, or upon the bond of the peti¬ 
tioning creditors, or against the petitioning creditors as for a 
malicious prosecution, or upon the injunction bond, or against 
the complainant in said chancery cause as for a malicious prose¬ 
cution, in the county where the writ is levied or issued; and 
in case of bankruptcy, in the county where the goods, property 
and effects were seized or located; and in case of injunction in 
the county where the injunction operated, or such suits may be 
brought in the county where the plaintiff in attachment, or any 
of the sureties reside; and in cases of bankruptcy, where the 
petitioning creditors, or either of them resides; and in cases of 



881 


injunction, where the complainant or any surety on his bond 
reside; and this provision shall apply to any causes of action 
which have heretofore accrued as well as will hereafter accrue. 
Approved September 29,1915. 


No 765.) (S. 849—Hartwell. 

AN ACT 

For the relief of Thomas T. Palmer, ex-sheriff of Mobile county, Alabama, 
for serving subpoenas in various cases on witnesses to appear before 
the excise commission of the city of Mobile, Alabama 

Whereas , Thomas T. Palmer, ex-sheriff of Mobile county, 
Alabama, during the months of December, 1911, February, 
March, April, May, August, September and November, 1912, 
and March, September and October, 1913, and February, March, 
June and December, 1914, served subpoenaes in various cases 
on witnesses to appear before the excise commission of the 
city of Mobile, Alabama, and 

Whereas , no provision was made for the payment of the fees 
of the sheriff in serving the said subpoenaes, and 

Whereas, the excise commission of the city of Mobile, Ala¬ 
bama, has on hand in its contingent fund a surplus of over 
three thousand dollars ($3,000.00), after paying all expenses 
already incurred or to be incurred, and 

Whereas , this surplus will be paid into the treasury of the 
State of Alabama, and 

Whereas^ the said Thomas T. Palmer, as sheriff of Mobile 
county, Alabama, served in said cases subpoenaes upon one 
hundred and sixty-three (163) witnesses and received no com¬ 
pensation for such service, and 

Whereas , the sheriff is usually paid a fee of 65c for summon¬ 
ing each witness and returning the subpoena; therefore: 

Be it enacted by the Legislature of Alabama : 

Section 1. That the sum of one hundred and five and 95/100 
dollars ($105.95) be and the same hereby is appropriated for 
the benefit of Thomas T. Palmer, ex-sheriff of Mobile county, 
Alabama, for serving subpoenaes in various cases on one hun¬ 
dred and sixty-three (163) witnesses to appear before the excise 
commission of the city of Mobile, Alabama, and the auditor of 
the State of Alabama is hereby authorized and directed to draw 
his warrant upon the treasurer of the State of Alabama in favor 
of said Thomas T. Palmer for the amount of one hundred and 
five and 95/100 dollars $105.95), and the treasurer of the State 



882 


of Alabama is hereby authorized and directed to pay said war¬ 
rant out of any funds in the treasury not otherwise appropri¬ 
ated. 

Approved September 28, 1915. 


No. 767.) (S. 329—Lusk. 

AN ACT 

To create the office of reporter of decisions, provide for his appointment, 

and fix his compensation. 

Be it enacted by the Legislature of Alabama: 

Section 1. That the office of reporter of decisions of the 
courts of last resort of the State of Alabama is hereby created, 
such reporter to be appointed or elected by the justices of the 
Supreme Court, for such time as may be determined by the said 
justices of the Supreme Court, removable from office at any 
time the said justices of the Supreme Court may see fit to do so. 

Sec. 2. That such reporter of decisions shall receive as his 
compensation the sum of thirty-six hundred dollars per annum, 
payable monthly out of the State treasury, upon warrant of the 
State auditor. 

Sec. 3. That all laws and parts of laws in conflict here¬ 
with, be, and the same are hereby repealed. 

Approved September 29, 1915. 


No. 768.) (H. J. R. 263—Wilson. 

HOUSE JOINT RESOLUTION 

Relative to the Governor of Alabama designating Oct. 9 as fire prevention 
day in Alabama. 

Whereas, The enormous fire losses annually have created an 
economic question of the gravest importance to the people of the 
United States and one which concerns all classes of people alike, 
not only on account of the financial losses that are incurred but 
on account of the sacrifice of thousands of human lives, and 
Whereas, The “Safety First Federation of America” has 
designated October 9th, 1915, the anniversary of the great Chi¬ 
cago fire, as national fire prevention day with plans containing 
suggestions for fire drills in public schools, the inspection of fire 
apparatus everywhere and the removal of all dangerous rub- 



883 


bish from public and private buildings and premises, etc., there- 
fore, 

Be it resolved, by the House of Representatives, the Senate 
concurring, That the Governor of this State, following sugges¬ 
tions made to the Governors of all the states, be requested to 
issue his procalmation designating October 9th, proximo, as 
fire prevention day in Alabama, and that all good citizens who 
have their own welfare and that of the public at large at interest 
be urged to observe the day in the manner herein suggested. 

Adopted by the House September 25, 1915. 

Adopted by the Senate September 25, 1915. 


No. 772.) 


(H. 1125—Johnston of Madison. 


AN ACT 


- VJ 


To authorize and empower State banks, savings banks and trust companies 
organized under the laws of the State of Alabama, to subscribe for 
stock and become members of the Federal Reserve Bank authorized 
under act of Congress adopted December 23, 1913. 


Section 1. Be it enacted by the Legislature of Alabama : 
That all State banks, savings banks and trust companies organ¬ 
ized under the laws of the State of Alabama, be, and they are 
hereby authorized and empowered to subscribe for stock and 
become members of the Federal reserve bank of the district to 
which they may properly be assigned by the Federal reserve 
board in accordance with the act of Congress adopted Decem¬ 
ber 23, 1913, provided the same is approved by resolution of the 
board of directors of such bank and in accordance with the re¬ 
quirements of the Federal reserve act. 

Sec. 2. Be it further enacted, etc., that any such State 
banks, savings banks or trust companies which may subscribe 
for stock in the Federal reserve bank and become a member 
thereof, shall be required to conform to the regulations of such 
Federal reserve bank and of the Federal reserve board. 

Sec. 3. This act shall not be construed as requiring or com¬ 
pelling the said institutions to become members of said Fed¬ 
eral reserve banks system, but only as giving them the right 
to do so at their election and option. 

Sec. 4. Be it further enacted that all laws or parts of laws 
in conflict herewith, be and the same are hereby repealed. 

Approved September 25, 1915. 



884 


N <>- 774.) (H. 1590—Hogan. 

AN ACT 

To authorize county commissioners or boards of revenue in counties in this 
State of one hundred and fifty thousand inhabitants or more according 
to the last Federal census or any subsequent Federal census to employ 
janitors for courthouses and other county buildings. 

Be it enacted by the Legislature of Alabama: 

Section 1. That in counties of this State of one hundred 
and fifty thousand inhabitants or more according to the last 
federal census or any subsequent federal census the courts of 
county commissioners or boards of revenue shall have the ex¬ 
clusive authority to employ janitors for the courthouses and 
other county buildings and to fix the compensation for the 
same. 

Sec. 2. That all laws and parts of laws in conflict herewith 
general or local are hereby expressly repealed. 

Approved September 25, 1915. 


No. 775.) (H. 1646—Rogers of Choctaw. 

AN ACT 

To provide for the payment and regulation and status of claims and fees of 
witnesses before the grand j’ury and circuit and county courts of coun¬ 
ties having a population not exceeding 18,700 and not less than 18,300 
according to the census of 1910 and to prohibit the dealing therein. 

Be it enacted by the Legislature of Alabama : 

Section 1. That from and after the passage of this act, in 
all counties having, according to the census of 1910, a popula¬ 
tion of not more than 18,700 and not less than 18,300, all wit¬ 
nesses hereafter summoned in criminal cases on part of State 
to appear before the grand jury and circuit or county courts 
shall receive for their attendance as such witnesses the sum of 
one dollar per day and five cents for every mile to and from their 
residence by the route usually travelled, to be paid out of the 
general funds of the county on presentation to the treasurer of 
the county or the person charged with the duties of treasurer, 
of the certificate issued by the foreman of the grand jury or by 
the clerks of said courts. 



885 


Sec. 2. The fees of witnesses in cases of conviction shall 
be taxed as part of the costs in such cases and when collected 
shall be paid into the county treasury to the credit of the gen¬ 
eral funds. . , . 

Sec. 3. Any person, who directly or indirectly by hnnselt 

or through another purchases, deals or traffics in any manner 
in witness certificates in such counties as referred to in section 
1 of this act, shall be guilty of a misdemeanor and on conviction 
shall be fined not less than ten nor more than fifty dollars; pro¬ 
vided nothing contained in this section shall prevent any per¬ 
son from receiving in good faith any such witness certificate in 
payment of a debt due him. 

Sec. 4. The witness certificates referred to m this act 
shall be receivable in payment of county taxes and be a pre¬ 
ferred claim against the county next in priority to claims of 

jurors. . J 

Sec. 5. All laws and parts of laws in conflict with the pro 

visions of this act are hereby repealed. 

Approved September 25, 1915. 


No. 777.) 


AN ACT 


(H. 1667—John 


To make an appropriation for the equipment and maintenance of the Ala¬ 
bama room in the Confederate Memorial Museum at Richmond, Vir- 
ginia. 


Be it enacted by the Legislature of Alabama: 

Section 1. That for the purpose of equipping and providing 
for the maintenance of the Alabama room in the Confederate 
Memorial Museum at Richmond, Virginia, there is hereby ap¬ 
propriated out of any monies in the State treasury not hereto¬ 
fore otherwise appropriated the sums of $250.00 (two hundred 
and fifty dollars) a year for each of the fiscal years ending re¬ 
spectively on the 30th days of September 1915, 1916, 1917 and 
1918, a total for the four years of $1,000.00 (one thousand dol¬ 
lars). . 

Sec. 2. That the sums appropriated by section one hereof 
shall be paid by the State treasurer on warrants drawn therefor 
by the State auditor in favor of such officer or officers ot the 
United Daughters of Confederacy as the Governor shall direct. 

Approved Sept. 25, 1915. 



886 


No. 778.) 


AN ACT 


H. 1685—Tunstall. 


T° r fi’® a t 1 „ S K Ctl0 ”j 1 I of an act to P res cribe and fix the license or privilege 
tfon en^o£al by *T 7 - perSOn ’ fi ™’ com P any > corporation or associa- 
in ^hic^fotl any business, vocation, occupation, calling or profession 
Llvl /r 1 ’ ° r Wh0 - s , haI1 ln this State exercise any privileges, for 
° r P n lv ' - ege t ? x 1S or may be charged; to provide for 
and regulate the collection of such license or privilege tax- to fix the 
• ^“P® nsa tr°P to be paid for the collection of such lifense of privilege 
f^n^ t ^c° Vld ? f ° r 5 e dl stnbution, application and safe-keeping of the 
S f J 0m t u e c°llection of such license or privilege tax; to fix 
a ?®" alty f . or do,ng business without a license, and to provide for the 

Approved 6 Septemb^ Pr0Vide f ° r the generaI reVenues ' 


Be it enacted by the Legislature of Alabama: 

Section 1. That section 17 of an act entitled an act to pre¬ 
scribe and fix the license or privilege tax to be paid by every 
person, firm, company, corporation or association engaged in 
any business, vocation, occupation, calling or profession in this 
State, or who shall in this State exercise any privileges, for 
which a license or privilege tax is or may be charged; to provide 
for and regulate the collection of such license or privilege tax; 
to fix the compensation to be paid for the collection of such 
license or privilege tax; to provide for the distribution, applica¬ 
tion and safe-keeping of the funds arising from the collection 
of such license or privilege tax; to fix a penalty for doing busi¬ 
ness without a license, and to provide for the enforcement 
thereof, and to further provide for the general revenues. Ap¬ 
proved September 14th, 1915, be and the same is herebv re¬ 
pealed. 

Approved September 25, 1915. 


No. 779.) 


AN ACT 


(H. 1283—Walden. 


T ° P I? V l de P ensi ° ns f ° r soldiers and sailors in the service of the State of 
Alabama, and to their widows, and for soldiers and sailors in the army 
or navy of the Confederate States of America, and to their widows, and 
for the regulation of the payment thereof. 


Be it enacted by the Legislature of Alabama: 

1. That the director of archives and history, the attorney 
general and the chief examiner of public accounts ex-officio, are 
constituted and appointed a board of Confederate pension 



887 


commissioners in and for the State of Alabama, whose duty it. 
shall be to have full control and supervision of all pensions 
allowed by law to soldiers or sailors in the service of the State 
of Alabama and to their widows, and to the soldiers or sailors 
in the army or navy of the Confederate States of America an 
to their widows, and to do and perform any and all acts what¬ 
soever, and to have all such powers as are necessary to the lull 
execution of this act. The said board shall have authority 
to establish and promulgate any rules and regulations and to 
prepare and publish all necessary blanks, forms, circulars an 
such other literature as may be necessary to carry out the pro¬ 
visions not provided for specifically herein. 

2. That the State auditor is authorized and directed to ap¬ 
point a pension clerk who shall act as secretary to said board 
of Confederate pension commissioners and shall perform such 
duties incident to the department as may be required by its 
rules and draw all warrants required thereby under the direc¬ 
tion of the State auditor. He shall receive a salary of $1,5UU 
per annum, payable monthly, out of the pension fund, and a con¬ 
tinuing appropriation is hereby made out of such fund to P a y 
such salarv. That that portion of section 602 of the Political 
Code of 1907 reading as follows: “For additional clerical assist^ 
ance in that office there is appropriated annually the sum of 
$ 1,200 or so much thereof as may be necessary” be and the same 

is hereby repealed. . a , 

3. The several probate judges of the counties of the State 
of Alabama are hereby constituted county Confederate pension 
commissioners and tliey are charged with the performance of 
the several duties, required by this act. Any probate judge 
who shall carelessly or willfully fail, neglect or refuse, to per¬ 
form any of the several duties required of him under this act, 
shall be guilty of a misdemeanor, and be fined not more than 
five hundred dollars, and shall also be subject to impeachment. 

4 Any resident of this State at the time of filing his appli¬ 
cation, who served in the military or naval servke of this 
State, or of the Confederate states, from 1861 to I 860 , and who 
did not desert the service of the State of Alabama, or of the 
Confederate states, and who does not now own real or personal 
property, one or both, to the value of more than two thousand 
dollars shall be entitled to the provisions of this act. No in¬ 
mate of the Confederate soldiers’ home at Mountain Creek, and 
no person who did not do other service than in the home guards, 
the State reserves, or the State militia of a state other than 
Alabama, shall be entitled to relief under this act. If a pen- 



888 


7 at T !l eS mSa ^ a , nd 18 confined in the St ate insane hospi- 
be ratftSd 1 ?’ lf £ e has a Wlfe over 40 J ear s of age she shall 
in the asylum ^ warrant while the husband is confined 

Stnto n! tL W r?°T a ^ y Confederate soldier or sailor of this 
Spate or the Confederate states, who was married to such sol¬ 
dier or sailor before the first day of July, 1914 and who has 
not remarried since the death of such soldier or sailor, unless 

husband didS 1 !? t0 ^ 0I,federate soldier or sailor, and whose 
of £ r™ XL * + dGS f r f t le SeFV1Ce of the State of Alabama, or 
tim? of°fifin St v eS i. who is a resident of the State at the 

ertv ovpr iei i a PP^ lc ^ 10n ’ an ^ who does not now own prop- 
titled to re p/ a i 6 °!, ° thousand d0 U a rs shall also be en- 

anv CoufeSSf 6 P rovislons of this act. No widow of 

classifiTnHnn t S H,' er 0r Sailor sha11 be “titled to the same 
shall wi P I ' tbe P ension r oll as the veterans unless she 
shall have married the veteran as whose widow she draws a 

pension, prior to April, 1865. All widows who ^re married 

l n H !f h W i° Se Service they draw Pensions since 
April, 1865, shall draw third class of pensions. 

militia tr °l ^ il0r Wh ° served in the Alabama State 

SititledTo C °fl? d 7 ! e army or liay y> w ho deems himself 
fudS hi« fl ^r b< ; n -° 8 act ’ shaJI file with the Probate 

hinfhv^Lappbcation in writing upon blanks to be furnished 

tine forth JUdge °n th f C0Unty in which he resides, set- 

service of thP L i W 7 f, Confederate soldier or sailor in the 

that hed f idnof? te °f f ^ labama ’ 0r ° f the Confederate states, 
i« ™ d d D °t dese rt the service, that neither he nor his wife 

sanddoTlars Ifo Ti^V t ° ^ ° f m ° re than thou- 

,, ' tie shall also state in what company or re°iment 

or other command, and in what branch of the sendee he ferved - 

wS ™ h 0 n ? ral i!? “»■*«> or whether he surrerde^d 
" ,! .p hls aol the nature e[ the wound he 

fos oo^n^i rrT hat en S a gement he was wounded, if any, and 
to bv thP Ini . The avemente of the application must be sworn 
by the applicant before any officer authorized by law to 
administer oaths. No application shall be rejected for anv 
defect of form, if sufficient facts appear to show meritorious 
ground for relief, and if the blanks supplied by the State audi¬ 
tor has been substantially followed. 

of thTs ac? wid? P hl Cailt e .7 e PV h0Se ap P IyiD g under section 8 
sections of jS b 7 pemitt + ed !° e W relief from the various 
r'rmfrra l tbls ac *’ exce Pt when one witness who served the 
Confederate states, certifies to the facts that the applicant did 



889 


serve as set forth in the application, or, in case the applicant is 
a widow, that the husband did serve. Neither will any person 
be entitled to the provisions of this act, except those applying 
under section 8 who does not furnish evidence of two reliable 
citizens of their precinct, that they are trustworthy and reliable. 
However, if applicant has his parole, or if the applicant be a 
widow, her husband’s parole it shall be considered prima facie 
evidence without additional proof, and the applicant’s name be 
forthwith placed on the pension roll. Provided, however, that 
all persons now living who have drawn a pension under the laws 
of this State within the past ten years, and whose names have 
been dropped from the pension roils of Alabama, shall on proof 
of good character, as hereinabove provided, and making affida¬ 
vit that they served in, and did not desert the Confederacy, be, 
unless such facts be disproved—restored to such pension roll. 
This provision for restoring to the pension rolls shall include 
the widows of Confederate soldiers and sailors, such widows to 
make affidavit that they are informed and believed and on such 
information and belief state that the husband served in and did 
not desert the Confederacy, and wherever a widow of a Con¬ 
federate soldier is entitled to be restored to the rolls under the 
provisions of this section and is unable to make the applica¬ 
tion or affidavit on account of mental condition any person who 
knows the facts may make it for her and the warrant shall be 
drawn in favor of the person maintaining such widow. 

7. If any widow of any Confederate soldier or sailor who 
served this State or the Confederate states who has in good 
faith been a citizen of Alabama for one year, who is a citizen 
of the State at the time of filing her application deems herself 
entitled to the benefits of this act, she shall file with the probate 
judge of the county of her residence, her application in writing 
upon blanks to be furnished by the judge of the county, 
stating the name of her deceased husband, the company and 
regiment to which he belonged, whether he was killed or died 
in the service or not; that she has no children living with her 
upon whom she can depend for support; that she has not since 
married; that the value of all her property does not exceed 
two thousand dollars. She shall also file with the probate 
judge a complete inventory of all the property, both real and 
personal that she owns, which application must be sworn to 
by the applicant before any officer authorized by law to admin¬ 
ister oaths. 

8. The widow of any Confederate soldier or sailor who is 
or was on the pension roll at the time of his death shall be 



890 


placed on the pension record and shall become entitled to the 
amount, of money allowed by law to the widows of Confederate 
soldiers or sailors, upon formal application to the probate 
judge and satisfactory proof that she is the widow of such Con¬ 
federate soldier or sailor, and has not remarried since the death 
of her husband, and such application and proof must be for¬ 
warded to the pension commisioners for consideration as other 
applications. 

9. All applications filed with the probate judge shall be 
immediately forwarded by him, together with all papers or evi¬ 
dence pertaining thereto, to the pension board at the State 
capitol, for their immediate and careful consideration. For 
such services the judge of probate shall receive fifty cents for 
each application provided that he shall not receive compensa¬ 
tion for more than one application for any applicant in any one 
veai, which amount shall be paid out of the county treasury. 

10. All beneficiaries under this chapter whether soldiers, 
or sailors who are over eighty years of age, or totally blind, or 
who have lost two limbs, or the entire use thereof shall be 
classed No. 1. Those who have lost a leg or foot or arm or 
hand or the entire use thereof, or are over seventy years of age 
shall be classed No. 2. All others who are entitled to a pension 
under this article shall be classed No. 3. The pension commis¬ 
sioners shall upon application properly certified and proved 
transfer an applicant from any of the lower classes to a higher 
class vlien after examination they find his or her increased 
disabilities or age entitles them to such transfer. Each class 
shall participate in the division of the pension fund in the 
propoition hereinafter provided. The pension commissioners 
shall from time to time readjust and reclassify the beneficiaries 
under this act whenever the same should be done by reason of 
the advancing age of the beneficiaries without formal applica¬ 
tion being made therefor. 

11. Proof of the age prescribed in section 10 of this act may 
be at any tune, by the affidavit of the applicant, or of any 
competent witness taken before, and certified by any officer 
authorized to take and certify affidavits, and when so made 
such proof shall be immediately filed with the probate judge’ 
m which county such applicant lives, who shall forward the 
same without delay to the pension commission who shall forth¬ 
with consider such proof in connection with the records in tlie 
pension commission’s office and place such name on the pension 
roll in the class to which it belongs provided the pension com¬ 
mission is satisfied such proof is true. 



891 


12. The State auditor shall have prepared records to be 
used as a permanent State record of pensions, in which he 
shall have recorded in alphabetical order according to counties, 
the names of all the pensioners, together with a suitable col¬ 
umn in which shall be promptly entered the date of death, or 
other cause for the discontinuance of pension. Such record 
shall l>e kept up to date by the prompt entry thereon of all new 
names admitted to the pension rolls. 

13. All applications rejected by the pension commission 
shall be entered upon a permanent record to be known as a 
record of rejected applications for Confederate pensions, with 
the reasons of such rejection, and the original application and 
all papers connected therewith shall be returned to the probate 
judge, who shall file them in his office, to be permanently pre¬ 
served for future reference. 

14. The auditor, after completion of the record hereinbe¬ 
fore required, shall furnish each probate judge an abstract of 
all pensioners in his county, which abstract or copy shall be 
by such judge recorded in a substantially bound and properly 
ruled book, to he kept in his office as a public record of pen¬ 
sions. All applications made to the probate judge after the 
receipt of the record referred to shall be entered upon such 
record before being forwarded to the State auditor. In the 
event any application shall be rejected, he shall on receipt of 
notice thereof, so state on his record. 

15. The State auditor shall prepare and furnish to the 
probate judges copies of blank applications, affidavits, and 
such other blanks as he may deem necessary to carry out the 
provisions of this act, and they shall be by the probate judge 
furnished free of cost to those desiring to make application 
for relief. 

16. All records, blanks, and other stationery necessary 
for the use of applicants shall be paid for by the State as other 
stationery. 

17. That the sum of $500 is hereby appropriated annually 
out of the pension fund for the use of the auditor for the em¬ 
ployment of clerical assistance and other necessary expense 
which may arise in carrying out the provisions of this act, 

18. All moneys appropriated in any manner for the relief 
of Confederate soldiers and sailors and their widows, shall be 
paid quarterly on the first day of October, January, April and 
July of said fiscal year. The State auditor, at the end of each 
quarter, shall draw' his warrant in favor of all pensioners upon 
the treasurer, payable out of the Confederate pension fund, for 



892 


such amount as may be found due under the provisions of this 
act for the preceding quarter, which warrant, together with a 
blank receipt to be signed by the payee, upon the receipt of such 
warrant, shall be sent to the probate judge in the county in 
which the pensioner resides. The judge of probate shall deliver 
such warrant to the payee, having them to sign the receipt 
accompanying, which receipts the judge of probate shall retain 
in his custody for thirty days, after which time he shall return 
to the auditor all receipts by him for such pension warrants, 
together Avith any warrants that he may have in his hands which 
he could not deliver, and such warrants so returned shall be 
endorsed “Cancelled” on the face thereof with the date and 
reasons for such cancellation, and signed by the probate judge 
making such endorsement. No other warrants shall be issued 
in the place of those cancelled. In the event that the probate 
judge does not know that the person applying for the warrant 
is the identical person named therein and entitled thereto, he 
must require satisfactory proof of those facts before the de¬ 
livery of the warrant. In the event the pensioner shall be 
physically unable to appear before the probate judge in person, 
in order that he or she may receive the warrant, delivery shall 
only be made through a reliable citizen of the precinct in which 
such pensioner resides, or the certificate of such citizen, duly 
attested, that the pensioner is still living, and is physically 
unable to appear in person before the probate judge. The re¬ 
ceipt of the citizen, together with the certificate herein provided 
from him shall be a compliance with the provisions of this sec¬ 
tion covering receipts. 

19. The probate judges shall quarterly revise the pension 
rolls of their respective counties, and if upon careful investiga¬ 
tion, it should appear to them that any pensioner whose name 
stands on the roll, is in any way illegally drawing a pension, 
the name of such pensioner, together with the name of any 
pensioner who has died or removed from the State, shall be 
sent to the pension commission with a recommendation that 
the name of such pensioner be erased from the pension roll. If, 
upon receipt of such information by the pension commission, 
it should appear that any erasures should be made from the 
roll, they shall so notify the probate judge, and no warrant shall 
thereafter be issued to any pensioner whose name the pension 
commission shall decide should be erased from the pension 
roll. 

20. Should a. pensioner die, leaving a widow, who would 
he entitled to a pension under the provisions of this article, or 



893 


leaving minor children, or should a widow receiving a pension 
die, the probate judge shall deliver the warrant to the widow, 
or minor children, or child of such pensioner, and should there 
be no widow or minor child of such deceased pensioner, the 
probate judge shall endorse and collect the warrant and attach 
it to his certificate, showing the facts upon which he is author¬ 
ized to so endorse and collect the warrant, and the proceeds 
thereof he shall apply first, to the payment of the burial ex¬ 
penses; second to the expenses of the last illness of such pen¬ 
sioner; but no more than one warrant shall be drawn after the 
death of such soldier or widow. 

21. Any soldier, sailor, or widow who shall be absent from 
the State for twelve months shall be dropped from the roll by 
the probate judge or the pension commission, and if dropped 
from the roll by the probate judge, he shall notify the pension 
commission immediately of his action, but such pensioner may 
be restored to the roll without further proof, on formal appli¬ 
cation, setting forth the fact that he or she has returned to the 
State permanently, but no such pensioner shall be entitled to 
anv quarterly allowance during the time so stricken from the 
roll. 

22. An applicant who has been rejected may file his or her 
application again after the lapse of three months from the date 
of rejection, but if only the original application and no new 
or additional proofs shall be offered, the probate judge shall 
refuse to further consider the application. 

23. If it shall be ascertained that any pensioner secured the 
grant of his pension by misrepresentation, either by himself or 
others, his or her name shall be stricken from the pension roll 
of the county and State, and the facts reported by the probate 
judge, State auditor or by any one else having knowledge of 
the facts to the grand jury for its consideration. 

24. Any applicant under this chapter, or any witness exam¬ 
ined or whose affidavit is used in connection with an applica¬ 
tion, who knowingly swears falsely, to any material matter in 
connection therewith, shall be guilty of perjury. Any persons 
knowingly receiving pension money, who are not entitled there¬ 
to shall be guilty of embezzlement. 

25. No persons shall purchase or receive a transfer of any 
pension or warrant issued or to be issued under this act, before 
the date provided for issuing warrants herein provided, unless 
in writing transferred for face value for supplies or merchan¬ 
dise, or unless discounted at nothing more than legal rate of 
interest, which shall be stated in the instrument of transfer; 



894 


and a copy of such transfer must be made and filed with the 

probate judge to be returned with the receipt to the State audi¬ 
tor. 

26. Any person acquiring a pension or warrant in viola- 
ion of the preceding section shall be liable to a penalty in an 
amount equal to the face value of such claim or warrant, recov¬ 
erable at the suit of any person who may sue for the use of 
the pensioner or payee of such warrant or claim. They shall 
also be guilty of a misdemeanor, and on conviction may be fined 
not exceeding one hundred dollars. 

Whenever it is made to appear to the probate judge 
that a pensioner who has been admitted to the pension roll and 
had been paid a pension under the laws of Alabama and who is 
entitled to a pension, and whose name has, through mistake, 
omission, or inadvertance been dropped from, or left off the list 
of pensioners, he shall certify such fact and the length of time 
omitted or dropped, and the amount due such pensioner, to the 
State auditor, and he shall thereupon, if fully satisfied that 
such pensioner is justly entitled to be restored, issue his war¬ 
rant for such amount and restore such pensioner to the list. 

28. During the month of January each year, it shall be the 
duty of the probate judge to publish in the county newspaper 
having the contract for county printing, or in case no paper has 
such contract, then in some other county paper to be selected 
by him, an alphabetical list, with full names and post office ad¬ 
dresses of all pensioners, whether soldiers, sailors, or widows, 
in their respective counties. Such list shall be published one 
time, and shall be paid for at the regular rate for printing from 
the county treasury. 

29. That the probate judge of each county shall at least 
twice a year submit to the grand jury of such county a certified 
copy of the list of pensioners entitled to pensions in said 
county, and the grand jury of such county shall carefully in¬ 
vestigate and scrutinize such list to the end that the list may 
be purged of any who may not under the law be entitled to 
pensions, and to this end the jury shall ha.ve the right to sum¬ 
mon witnesses before it and administer oaths, and examine 
them touching their knowledge of the pension list of the county, 
and the grand jury shall make such investigation at least twice 
each year, and within ten days after the adjournment of each 
regular session of the grand jury it shall be the duty of the 
foreman of said jury to submit in writing through the probate 
judge, to the pension commission the name or names of any per¬ 
son or persons whose names are illegally on the pension list of 



895 


said county. And it shall be the duty of the different judges 
in this state at least twice a year to specifically charge the grand 
jury to investigate the pension list in order that the purposes of 
this act may be carried out. 

30. Upon the application of any soldier or sailor, or the 
widow of any soldier or sailor, resident citizens of Alabama, 
to any probate judge, for a pension under the Confederate pen¬ 
sion laws of Alabama, the fact of his having served in the State 
troops of Alabama, or in the Confederate army or navy, may be 
proved by evidence in line with section 6Y? that will reasonably 
satisfy the person or persons whose duty it is to pass thereon 
of the truth of such facts. 

31. That it shall be the duty of the pension commissioners 
to consider all applications for pensions as well as all applica¬ 
tions for reinstatement or restoration to the pension rolls which 
may have been made to previously existing county boards and 
which may not have been disposed at the date this act goes into 
effect. After the approval of this act the execution of all pen¬ 
sion laws shall devolve upon the pension commission as herein¬ 
before constituted as a board and by the probate judges as here¬ 
inabove provided. 

32. Any person who violates any provision of this act 
where a penalty is not otherwise specifically provided for here¬ 
in shall be guilty of a misdemeanor and upon conviction thereof 
shall be fined not exceeding five hundred dollars. 

3214 . The provisions of this act shall receive a liberal con¬ 
struction, and if any clause, paragraph or section is of doubtful 
construction, the same shall be construed in favor of the pen¬ 
sioners herein provided for. 

32 Yo. Provided that the provisions of this act shall not be 
construed to apply to any person or persons who served only 
as member of State troops, State militia, or home guard, or the 
widow of any such person or persons. 

33. This act shall be in full force and effect from the date 
of approval by the Governor, and all laws and parts of laws 
in conflict are hereby repealed. 

34. Should any clause, paragraph, section or part of this 
bill be held invalid or unconstitutional, the same shall not af¬ 
fect any other clause, paragraph, section or part of the bill. 

35. No applicant who has been purposely stricken from the 
pension roll shall be entitled to any back pay for the time his or 
her name was stricken from the roll, and no back pay shall in 
any case be granted except to those making application under 
section 27 of this act. 



896 


36. In all applications for pensions hereafter, there shall 
be included a certificate from the tax assessor or assessors of 
the county, or counties in which the applicant holds property 
to the effect that the actual value of the applicant’s property 
does not exceed two thousand dollars. 

Approved September 25, 1915. 


No. 780.) 


AN ACT 


(H. 1056—Copeland. 


1 whiteliru * h nH £ c ba I£ a H ° m f ? f Re ! u S e > a State training school for 
2 f* r / Q s ;* nd to further regulate and provide for its powers, govern- 

^ U thorfzfn J g ifS ^ re,0Cat ! 0n; P^ing for change of name and 
f ^ J ages of municipal courts or recorders of towns and cities 

TS of the°board of £m- 

Rr ltdMo g vacan ,cies in the board; making an appropria¬ 
tion for suitable grounds or land, and for the erection thereon and 

thorfzm"/thecal® and aC l equate buddings for said training school; au- 
and he usAf ft ® £J? C } aiaee J t P - reSe " t P r0 P ert y of the institution, 
erwise cause an h v L>f e ,® d f 5 mak fu S unlawful to induce, assist or oth- 
suDeHnt?ndl? Z Sr t0 -' ea Y e th e school, without the consent of the 
fnl penaltits fflCer “ Charge ’ ° r to escape therefrom and provid- 

Be it enacted by the Legislature of Alabama: 

Section 1 That, the name of the Alabama Home of Refuge, 
a State institution for the training of delinquent white girls es¬ 
tablished April 13th, 1911, be- changed to that of the State train¬ 
ing school for girls. 

Sec. 2. That any municipal court, or judge thereof, or city 
recorder in any town or city of the State, shall have authority 
to commit white girls to the care of said institution in addition 
to the judges who already possess that power, and in accord- 

13th Ml the aUth ° nty contained in the act approved April 

., ® ec - 3 - J rhat ’ Up0n the resignation of any lady member of 
the board of managers of said institution, or at the expiration 
of the term of any such member thereof, the board of mana¬ 
gers may refrain from electing successors thereto in such man¬ 
ner and to such extent, however, as not to reduce the board of 
managers, exclusive of the Governor and attorney general 
below seven in number, and in the filling of any vacancy occur¬ 
ring on the board that may be filled by the board of managers 
men may be eligible thereto. 



897 


Sec. 4. That the minimum age of girls who may be taken 
into or committed to said institution be, and is hereby fixed at 
nine years. 

Sec. 5. That the board of managers shall make annual re¬ 
ports to the Governor showing receipts and expenditures, with 
such other information as to the condition of the institution 
and results obtained, that may be interesting and useful to 
the public. 

Sec. 6. That any person who shall persuade, coerce, em- 
p!oy, induce or assist in any manner any girl who has been com¬ 
mitted to the care of said institution, to leave the same without 
the consent of the superintendent, or some officer in charge, or 
to make her escape from said institution, shall be guilty of a 
misdemeanor, and upon conviction, shall be fined a sum not 
less than fifty dollars, nor more than five hundred dollars, and 
m addition thereto at the discretion of the judge or court try¬ 
ing the case may be imprisoned in the county jail or sentenced 
to hard labor for the county for a period of not more than 
twelve months. 

• i? ec ’ c 7 ' there is hereby appropriated out of any money 

in the State treasury not otherwise appropriated the sum of 
fty thousand ($50,000.00) dollars, to be expended by the board 
o managers of said institution, subject to the approval of the 
governor and attorney general in providing suitable grounds or 
lands, and for the erection thereon of an administration build¬ 
ing and dormitories on the cottage plan, and other school and 
rarm buildings, or any of them, and for furnishing and equip¬ 
ping the same for the needs of said training school, which shall 
be located on the grounds or lands to he selected by the said 
board of managers with the assistance and advice of and subject 
to the approval of the Governor and attorney general. When 
said training school shall have been relocated, it shall at the 
P a *l e suc h location have and possess all powers and perform 

all duties prescribed in the act of April 13th, 1911, as modified 
or supplemented by this act. 

Sec. 8. That the board of managers with the advice and 
approval of the Governor and attorney general may sell or ex¬ 
change the present property of said training school located at 
East Lake, a part of Birmingham heretofore conveyed to the 
State, and may make such sale or exchange at such price and 
on such terms as said State officer may approve for the benefit 
of said school, and thus make the property or proceeds there¬ 
to available for the benefit of said school, in making a reloca¬ 
tion thereof, and in securing more adequate buildings and prop- 

29 GA 



898 


er facilities. Upon making such sale or exchange, the neces¬ 
sary conveyance may be made by a patent issued under the 
seal of the State signed by the Governor and attested by the 
Secretary of State. That this act shall take effect from and 
after its final passage and enactment into law. 

Sec. 9. Provided, however, that the appropriations provid¬ 
ed for in this bill shall not be paid until such time as in the 
opinion of the Governor, the condition of the treasury will per¬ 
mit, to be evidenced by the certificate of the Governor filed with 
the auditor to that effect. 

Approved September 25, 1915. 


No 781.) (H. 113—Weakley 

AN ACT 

To create in all cities of the State of Alabama which have a population of 
as much as one hundred thousand people according to the last federal 
census, or which shall have such population according to any such cen¬ 
sus that may be taken hereafter, a board of trustees of the firemens 
pension and relief fund in connection with the regularly organized an 
paid fire department of such cities; to provide for the organization ot 
such board of trustees; to designate certain members of said board and 
provide the method and time of electing the remaining members there¬ 
of; to designate and provide for the selection of the officers and agents; 
to prescribe the powers and duties of said board and its officers and 
agents; to create in all such cities a fireman’s pension and relief fund 
for the benefit and relief of disabled, sick, retired and other members of 
such fire department, and the widows, minor children and dependent 
widowed mothers of such disabled and retired members; to declare the 
said board of trustees and trustee of such fund; to provide for the use, 
management, and control of said fund; to provide for the raising ot 
such fund and the sources thereof; to provide for the paymem, into said 
fund of the fines prescribed and imposed for the violation of certain 
ordinances of such cities; to provide for the payment into such fund of 
a certain percentage of the gross premiums, less returned premiums, 
received by fire insurance companies doing business within such cities, 
and for the making of a sworn report by such fire insurance companies 
of such premiums to the said board of trustees, and to prescribe the 
penalty for failure to make such payment and report, and for enforcing 
such penalty; to provide for the payment into such fund of a portion of 
the monthly salary of each member of such fire department; to author¬ 
ize such cities to pay into such fund a part of the revenue received 
from licenses issued by such cities; to provide for the pensioning and re¬ 
lief of disabled, sick, retired and other members of such fire department, 
and the widows, minor children and dependent widowed mothers of such 
disabled and retired members; to provide for the payment out of such 
fund of certain expenses attending the burial and funeral of deceased 
members of such fire department; to provide for the retirement and re¬ 
instatement of members of such fire department; to prescribe the duties 
of the city attorney and city physician in connection with the said board 
of trustees and the said fund; to designate the treasurer of such fund 
and his duties; to provide for the repeal of all laws and parts of laws 
in conflict herewith; to provide for the exemption of benefits out of said 
fund from levy; to provide the time of taking effect of this act. 



899 


Be it enacted by the Legislature of Alabama, as follows : 

Section 1. That in all cities of the State of Alabama which 
have a population of as much as one hundred thousand people, 
according to the last federal census, or which shall have such 
population according to any such census that may be taken 
hereafter, there is hereby created in connection with the reg¬ 
ularly organized and paid fire department of such cities a 
“Board of Trustees of the Firemens’s Pension and Relief 
Fund,” by which name the said board shall be known and call¬ 
ed, to be composed of the persons hereinafter named and to be 
selected as hereinafter provided and directed; and in all such 
cities, there is hereby created a firemen’s pension and relief 
fund, for the benefit of the persons hereinafter named to be 
derived and raised in the manner hereinafter provided. 

Section 2. That the said board of trustees of the firemen’s 
pension and relief fund shall be composed of five members, 
consisting of the president of the board of commissioners of 
such city, or other executive head thereof, the chief or other 
head fireman of such fire department of such city, and three 
members of such fire department of such city, who shall be 
selected as is hereinafter set forth and provided. 

Sec. 3. That within ten days after this act takes effect, the 
chief or other head firemen of such fire department of such 
city shall designate a day for holding the first election of trus¬ 
tees under the provisions of this act, and such officers, within 
the period aforesaid, shall fix a time for holding a convention 
to nominate trustees for election, and the time for holding such 
convention shall be fixed five days earlier than the time for 
holding such first election. The delegates to such convention 
shall consist of one delegate from each fire company in such 
city, who shall be elected by ballot by the members of such com¬ 
pany at the time fixed by the chief or other head fireman of 
such fire department, in the call for such convention. The elec¬ 
tion of such delegates shall be certified by the captain or other 
officer in charge of such company, and if there be no officer in 
charge of such company, then by the oldest member thereof 
present at such convention. Such convention, when convened 
shall nominate five members of the fire department to be voted 
for as such trustees, and the names of the persons so nominat¬ 
ed as candidates shall, by the delegates to such convention be 
reported in writing to their respective companies. The said 
election shall be held at the respective houses or quarters of 
the respective companies on the day named as aforesaid, be- 



900 


tween the hours of nine o’clock in the forenoon and six o’clock 
in the afternoon. Every member of such fire company shall be 
entitled to one ballot, and no ballot shall contain the names of 
more than three persons, and the persons whose names are 
placed on said ballot shall be chosen from the five persons nom¬ 
inated by the said convention. The candidate receiving the 
highest number of votes shall hold office as such trustee for 
three years, the candidate receiving the next highest number 
of votes shall hold office for two years, and the candidate re¬ 
ceiving the next highest number of votes shall hold office for 
one year; provided that the terms of the persons elected at such 
first election shall run from the first Tuesday of January, 1915. 
The captain or other officer in command of such fire companies, 
respectively, or if there be no officer in charge thereof, then 
the oldest member thereof, on the day of and immediately after 
the casting of such ballots, shall canvass and count the same, 
and certify in writing the number of ballots cast and the num¬ 
ber of ballots received by each candidate for the office of trus¬ 
tee. After signing such certificate, such officer or other per¬ 
son shall enclose the same to the chief or other head of such 
fire department, together with all the ballots cast by said fire 
company, in an envelope, securely sealed and addressed; and 
the chief or other head of such fire department as soon as all 
such certificates and ballots shall have been received by him, 
shall deliver the same to the president of the board of commis¬ 
sioners or other executive head of such city who shall, in the 
presence of the chief or other head of such fire department, 
open said envelopes, examine said certificates, and ascertain and 
determine the total number of ballots cast at said election for 
each of the candidates as such trustees, and shall issue certifi¬ 
cates of election as such trustees to the three candidates re¬ 
ceiving the highest number of votes as aforesaid. In case any 
two or more candidates shall have received the same number of 
votes, so that there would be no choice under the foregoing pro¬ 
visions, then the president of the board of commissioners or 
other executive head of such city shall forthwith determine by 
lot who shall be the trustees from the persons so receiving such 
equal number of votes. No election shall be set aside for w r ant 
of formality in balloting by such members, or in certifying or 
transmitting returns of any such election by the officers or per¬ 
sons in charge thereof. 

Sec. 4. That the regular annual election shall be held on 
the first Tuesday in January of each year, beginning with Jan- 



901 


uary, 1916. At such annual election, one trustee shall be elect¬ 
ed for a term of three years. The provisions relating to the 
first election, as.to the calling of convention, selecting the del¬ 
egates, conducting the election, the preparation of ballots and 
all other like matters, as well as to the certificates of election, 
the decision in case of a tie and all matters of like nature, shall 
govern the holding of the regular elections except that only one 
trustee shall be elected at each regular election. 

Sec. 5. The chief or other head fireman of such fire depart¬ 
ment shall be the president of the said board of trustees of the 
firemen’s pension and relief fund. At the first meeting after 
each election, the board of trustees shall elect a secretary, who 
may be chosen from their own number; provided that if the 
said board of trustees deem proper, the secretary, who shall be 
a member of such fire department, may be elected by the com¬ 
panies, under the provisions of this act relating to the election 
of trustees, to serve for a term of three years. It shall be the 
duty of the secretary to keep, in a book provided for that pur¬ 
pose, a full and complete record of all proceedings of the board 
of trustees, and he shall perform such other duties as may be 
properly assigned to him by the board of trustees. 

Sec. 6. The city treasurer of such city is hereby made, and 
it shall be his duty to be, the custodian of all moneys belonging 
to the fireman’s pension and relief fund, and all moneys belong¬ 
ing to such fund shall be promptly paid to him. The said treas¬ 
urer shall also be the custodian of all securities and things of 
value belonging to such fund. He shall be liable on his offi¬ 
cial bond for the faithful performance of the duties imposed 
upon him under this act, and for the faithful accounting for 
all moneys, securities and things of value which come into his 
hands as such treasurer of such fund, and he shall keep a sep¬ 
arate account thereof, which shall at all times show the true 
condition of such fund. Upon the expiration of his term of 
office, such treasurer shall surrender and deliverer up to his 
successor all bonds, securities, and all unexpended moneys or 
other properties which may have come into his hands as treas¬ 
urer of such fund. 

Sec. 7. That the said board of trustees of the firemen’s 
pension and relief fund is hereby declared to be the trustee of 
said fireman’s pension and relief fund, and shall have the ex¬ 
clusive management, and control thereof, and all matters legit¬ 
imately connected therewith; and said board shall have power 
to adopt and enforce such rules and regulations as may be nec- 



902 


essarv to enable it to effectively and properly carry into execu¬ 
tion the purpose for w hich it was organized, and to enable it 
to properly manage and conduct the business and affairs en¬ 
trusted to it, provided such rules and regulations shall in no 
wise contravene the provisions of this act, but shall be in con¬ 
formity thereto. The said board shall hear and decide all ap¬ 
plications for pensions or relief under this act, and its deci¬ 
sions on such applications shall be final and conclusive, and not 
subject to review or reversal, except by the said board. The 
board shall cause to be kept a record of all of its meetings and 

proceedings. , 

Sec. 8. That the said firemen’s pension and relief tuna 
shall consist of the following, namely: A. Of all moneys 
that may be given or donated to said fund by any person, firm, 
association or corporation for the uses and purposes for which 
said fund is created; and said board may take by gift, grant, de¬ 
vise or bequest any money, personal property, real estate or 
any interest therein or any right of property for the benefit of 
said fund; and such gift, grant, devise or bequest may be ab¬ 
solute or in fee-simple or upon condition that only the rents, 
income and profits arising therefrom shall be applied to the 
purposes for which said fund is created. B. One dollar per 
month shall be deducted from the pay roll of such fire depart¬ 
ment for each and every member thereof, which shall be placed 
by the treasurer of such city to the credit of said firemen’s pen¬ 
sion and relief fund. C. Each fire insurance company doing 
business in such city shall, within thirty days after this act 
takes effect, and annually thereafter on or before the first day 
of February of each year, pay into said firemen’s pension and 
relief fund, a sum equal to one-half of one per centum of the 
gross premiums, less returned premiums, received by such fire 
insurance company for and on account of business done by it 
in such city during the preceding year; and it shall not be law¬ 
ful for such fire insurance company, or its agent, to take or re¬ 
ceive any premium for insurance against fire within such city, 
unless such fire insurance company shall pay, at the time afore¬ 
said, to the firemen’s pension and relief fund, the amount here¬ 
in provided to be paid by such fire insurance company; and any 
such fire insurance company violating the provisions of this 
act, shall forfeit to the said firemen’s pension and relief fund 
the sum of one thousand dollars, to be recovered against such 
fire insurance company so violating the provisions aforesaid or 
its agent, by suit brought in the name of the said board of trus- 



903 


tees of the firemen’s pension and relief fund, and all such for¬ 
feitures and penalties shall be and become a part of said fire¬ 
men’s pension and relief fund. D. The board of city commis¬ 
sioners of such city are hereby authorized and empowered to set 
apart for, and pay into, the said firemen’s pension and relief 
fund not exceeding one per centum of all revenues collected and 
received by such city from licenses issued by such city. 

Sec. 9. That the board of trustees of said firemen’s pension 
and relief fund may, at any time, after considering the prob¬ 
able demands upon such fund in the near future, determine 
what portion of such fund may be safely withdrawn for invest¬ 
ment for revenue purposes, and having determined what por¬ 
tion thereof shall be so withdrawn for that purpose, said board 
of trustees shall then determine in what manner such investment 
shall be made; and all proceedings of the said board of trustees 
relating thereto shall be entered at length upon its records. 
Such investment shall only be by the purchase of the interest- 
bearing bonds of the United States of America, or of the State 
of Alabama, or of any bonds lawfully issued by such city, or 
by investing in valid first-mortgage on improved real estate in 
such city to an amount not exceeding fifty per centum of the 
value of such real estate, the title to such real estate to be 
marketable and to be approved by the city attorney of such city, 
or other reputable attorney, who shall give his written opinion 
thereon. All income from such investments shall be and be¬ 
come a part of the said firemen’s pension and relief fund. All 
such securities shall be deposited with the treasurer of the said 
firemen’s pension and relief fund, and shall be subject to the 
management and control of the said board of trustees of the 
firemen’s pension and relief fund. 

Sec. 10. That the said board of trustees of the firemen’s 
pension and relief fund shall make a report to the board of city 
commissioners of such city of the condition of such firemen’s 
pension and relief fund on the first day of January of each and 
every year. 

Sec. 11. That the said board of trustees of the firemen’s 
pension and relief fund may designate the depository or de¬ 
positories of such firemen’s pension and relief fund, and it shall 
be the duty of the treasurer of such fund to make deposits of 
such fund as directed by the said board of trustees. All inter¬ 
est received on such deposits shall be and become a part of such 
fund. 

Sec. 12. That all moneys ordered to be paid from said fire¬ 
men’s pension and relief fund shall be paid by the treasurer 



904 


of such fund only upon warrants signed by the president of the 
said board of trustees and countersigned by the secretary there¬ 
of ; and no warrant shall be drawn on such fund except by or¬ 
der of the said board of trustees, which shall be duly and reg¬ 
ularly entered in the record of the proceedings of the said board 
of trustees. 

Sec. 13. That no portion of the said firemen’s pension and 
relief fund shall, before or after its order for distribution by 
the said board of trustees to the person or persons entitled 
thereto under the provisions of this act, be held, seized, taken, 
subjected to, detained, or levied upon, by virtue of any attach¬ 
ment, garnishment, execution, injunction, writ, order, decree, 
or any other process whatsoever, issued out of or by any court 
of this state, for the payment or satisfaction, in whole or in 
part, of any debt, damage, demand, claim, judgment or decree, 
against any beneficiary of such fund; but shall be exempt there¬ 
from. The said fund shall be sacredly kept, held and distrib¬ 
uted, for the purposes named in this act, and for no other pur¬ 
pose whatsoever. 

Sec. 14. That if at any time there shall not be sufficient 
money in such firemen’s pension and relief fund to pay each 
person entitled to the benefit thereof the full amount per month 
as herein provided, then an equal percentage of such monthly 
payment or payments shall be made to each beneficiary until 
the said fund shall be replenished to warrant the payment in 
full to each of said beneficiaries. 

Sec. 15. That if any member of such fire department, while 
in the performance of his duty, become and be found to be tem¬ 
porarily totally disabled, mentally or physically, for service in 
such fire department, by reason of service therein, the said 
board of trustees shall order the payment of such disabled mem¬ 
ber, monthly, during such total disability, not to exceed one 
year in any event, from such fund, a sum equal to two-thirds of 
the monthly compensation allowed such member as salary in 
such fire department at the date of his disability; provided such 
member during the same period, is paid no salary as such mem¬ 
ber. 

Sec. 16. That if any member of such fire department, while 
in the performance of his duty, become or be found to be physi¬ 
cally or mentally permanently disabled for service in such fire 
department, by reason of service therein, so as to render his 
retirement, from such service necessary, said board of trustees 
shall retire such disabled member from service in such fire de- 



905 


partment; and upon such retirement, said board of trustees 
shall order the payment to such disabled member, monthly, 
from such fund, a sum equal to onehalf of the monthly com¬ 
pensation allowed to such member as salary in such fire depart¬ 
ment at the date of his retirement. 

Sec. 17. That the said board of trustees, with the approval 
of the city physician or other reputable examining physician 
to be selected by it, shall have the power to retire from service 
in such fire department any member thereof who has become 
disabled while in the actual performance of his duty; or any 
member who has performed faithful service in such fire depart¬ 
ment for a period of not less than fifteen consecutive years; and 
shall in such case place the member so retired on the pension 
roll, and he shall receive from such fund a sum equal to one- 
half of the monthly compensation allowed to such member as 
salary in such fire department at the date of such retirement, 
which said sum shall be so paid to him monthly. 

Sec. 18. That any member of such fire department who has 
been in the service thereof for as long as twenty consecutive 
years and shall have attained the age of fifty-five years, upon 
making written application to the said board of trustees there¬ 
for, shall without medical examination or disability, he retired 
from service in such fire department; and upon such retirement, 
the said board of trustees shall direct the payment to such re¬ 
tired member monthly from such fund, a sum equal to one-half 
ot the mothly compensation received by such member as salary 
m such fire department at the time of his retirement. 

Sec. 19. That any member of such fire department who 
has been in the service thereof for as long as twenty-five consec¬ 
utive years, upon making written application to the board of 
tiustees therefor, shall, without medical examination or dis- 
abinty, be retired from service in such fire department; and 
upon such retirement, the said board of trustees shall direct the 
payment to such retired member, monthly, from such fund, a 
sum equal to one-half of the monthly compensation received by 
such member as salary in such fire department at the time of 
his said retirement. 

Sec. 20. That after any member of such fire department 
shall have been retired upon pension by reason of disability, 
the said board of trustees shall have the right, at anv time, to 
cause such retired member to be brought before it and again 
examined by the city physician and other competent physicians 
and surgeons, to be selected by it, and also to examine other 



906 


witnesses for the purpose of discovering whether such disabih 
ity yet continues, and whether such retired member should be 
continued on the pension roll, but such retired member shall 
remain upon the pension roll until reinstated in the active ser¬ 
vice of such fire department. Such retired member shall be en¬ 
titled to notice, and to be present at the hearing of any such 
evidence, shall be permitted to propound any questions perti¬ 
nent or relevant to such matter, and shall also have the right 
to introduce upon his own behalf any competent evidence he 
may see fit. All witnesses so produced shall be examined under 
oath; and any member of such board of trustees is hereby au¬ 
thorized and empowered to administer such oath to such wit¬ 
nesses. The decision of such board of trustees shall be final 
and conclusive and no appeal shall be allowed therefrom, nor 
shall the same be subject to review or reversal except by said 
board of trustees. 

Sec. 21. That if any member of such fire department shall 
while in the performance of his duty, be killed or dies as a re¬ 
sult of any injury received in the line of his duty, or of any dis¬ 
ease contracted by reason of his service in such fire department, 
or shall die for any cause Avhatsoever as the result of his ser¬ 
vice in such fire department and while in such service, or after 
having served in such fire department for fifteen consecutive 
years or more shall die while in the service, or on the retired 
list, from any cause, and shall leave a widow or child or chil¬ 
dren under the age of fourteen years surviving, said board shall 
direct the payment from said fund, monthly, to such widow, 
during her natural life and while unmarried of thirty dollars, 
and for each child until it reaches the age of fourteen years, not 
less than five nor more than ten dollars, which said sum for the 
benefit of such child or children shall be paid to the mother, if 
living, monthly so long as such child or children shall reside 
with and be supported by her. Should such deceased member 
leave no widow or children, but a widowed mother, dependent 
upon him for support, the said board of trustees shall pay to 
her, during her natural life and so long as she remains unmar¬ 
ried, the sum or thirty dollars monthly. 

Sec. 22. That whenever an active or retired member of such 
fire department shall die as aforesaid, the said board of trus¬ 
tees shall appropriate from the said fund a sum not less than 
seventy five dollars nor more than one hundred dollars for fun¬ 
eral and burial expenses of such deceased member, and which 
shall be used for such funeral and burial expenses; and the 



907 


said board of trustees may, in its discretion, order the payment 
of a sum not exceeding fifty dollars for the expenses of the at¬ 
tendance of the members of such fire department at said fun¬ 
eral. 

Sec. 23. That when any member of such fire department 
shall be confined to his bed, and under the necessary care of a 
physician, by reason of sickness or other disability not here¬ 
inabove provided for, for as long a period as seven days, the 
said board of trustees shall direct the payment to such member 
from such fund of the sum of fourteen dollars, weekly, while 
so confined, not to exceed in any event twelve weeks; provided, 
however, such member shall not be entitled to any benefit or 
relief under this section, if such sickness or disability shall be 
caused by dissipation, immoral conduct or vicious habits. 

Sec. 24. That in all matters involving the disability or 
sickness of members of such fire department, the said board of 
trustees shall have such disabled member, and, if it sees fit, 
such sick member examined by the city physician, or such other 
reputable physician or surgeon as may be selected bv it, who 
shall report to said board of trustees the result of such ex¬ 
amination in writing; and it is hereby made the duty of such 
city physician when requested so to do by the said board of 
trustees to make such examinations and to report thereon as 
aforesaid. 

Sec. 25. That after a member of such fire department shall 
have served in such fire department for fifteen consecutive years 
and shall be discharged from such fire department, he shall be 
entitled to receive from such fund, monthly, not less than fif¬ 
teen nor more than thirty dollars, which shall be ordered to be 
paid to him as aforesaid by the said board of trustees; provid¬ 
ed such discharge is for any other offense than a criminal act. 

Sec. 26. That there shall be kept by the secretary of the 
board of trustees a book to be known as the list of retired fire¬ 
men. Such book shall also give a full and complete history and 
record of the action of the said board of trustees in retiring any 
and all persons under this act, showing the names, date of en¬ 
tering service of such fire department, date of retirement and 
the reason for such retirement, if any. 

Sec. 27. That when the widow or children or widowed 
mother, or either of them, shall be entitled to a pension as pro¬ 
vided in this act, such widow or children or widowed mother 
shall make or cause to be made an application to the board of 
trustees through the secretary of such board, on a form to be 



908 


provided by said board, which shall show in the case of the 
widow, proof of the marriage of the deceased to the claimant, 
by marriage certificate or other competent evidence; and proof 
of the widowhood of the mother of such deceased member, and 
her dependency for support upon him, shall be shown by af¬ 
fidavits of such widowed mother or disinterested persons; and 
the birth and ages of such children shall be shown by affidavits 
of the mother of such children, or disinterested persons, and by 
any other competent evidence. All applications and proofs 
shall be kept and retained in the custody of the said board of 
trustees. 

Sec. 28. That it shall be the duty of the city attorney of 
such city to give advice to the said board of trustees in all mat¬ 
ter pertaining to the duties of the said board of trustees and 
the management of such fund, whenever requested to do so, and 
he shall represent and defend the said board of trustees as its 
attorney in all suits and actions at law or in equity that may be 
brought against it, and during all suits and actions in its behalf 
that may be required or determined upon by said board of 
trustees; and the said board of trustees shall have the author¬ 
ity to employ such other counsel as it may see fit in such mat¬ 
ters, and to pay out of such fund reasonable attorney’s fees to 
such counsel as it may employ as aforesaid. 

Sec. 29. That the said board of trustees shall be authorized 
to pay out of such fund all reasonable and necessary expenses 
that may be incurred by it in and about the performance of its 
duties under this act and in and about the management and ad¬ 
ministration of such fund; provided that in no event shall the 
members of said board of trustees receive any salary or com¬ 
pensation for their services out of said fund. 

Sec. 30. That each fire insurance company doing busines 
in such city shall file with the said board of trustees, on or be¬ 
fore the first day of February of each year, a statement or re¬ 
port in writing, showing the gross amount of premiums, less re¬ 
turned premiums, received by such fire insurance company for 
and on account of business done by it in such city during the 
preceding year; which such statement or report shall be sworn 
to by the agent of such fire insurance company in such city, or 
some other person having knowledge of the facts; and any such 
fire insurance company failing to make and file such report and 
statement as aforesaid, shall be subject to the same penalties as 
are provided in subdivision C of section 8 of this act, to be 
collected as in said subdivision C provided, for the benefit of 
each fund. 



909 


Sec. 30. That if any section or provision of this act shall 
be held or declared to be unconstitutional or void, it shall not 
affect or destroy the validity or constitutionality of any other 
section or provision of this act which is not, of itself, void or 
unconstitutional. 

Sec. 31. That this act shall take effect from and after its 
approval by the Governor, or upon its otherwise becoming a 
law under section 125 of the Constitution. 

Sec. 32. That all laws and parts of laws in conflict with 
the provisions of this act be and the same are hereby repealed. 

Approved September 28, 1915. 


No. 783.) (H. 1232—Moore. 

AN ACT 

To amend section 1856 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

That section 1856 of the Code be amended so as to read as 
follows: 1856 Special tax levied and assessed. If three-fifths of 
those voting at said election have voted tor the proposed taxa¬ 
tion, the court of county commissioners, or court of like juris¬ 
diction, shall levy said special tax, and cause the tax assessor to 
assess the same on the taxable property in said county, said levy 
to be made at the regular term of. said court of county commis¬ 
sioners or court of like jurisdiction, beginning on the Monday 
in June, except in case such election be held after the first 
Monday in June and before the first day of September, in which 
case it shall be the duty of said court of county commissioners, 
or court of like jurisdiction, to make such levy immediately 
after such election, but the rate of such special tax shall not in¬ 
crease the rate of taxation, state and county combined, in any 
one year, to more than one dollar and tw T enty-five cents on each 
one hundred dollars of taxable property in said county, but all 
special county taxes for public buildings, roads, bridges, and 
the payment of debts existing at the ratification of the constitu¬ 
tion of 1875 shall not be included in the aforesaid one dollar 
and twenty-five cents on the one hundred dollars of taxable 
property and provided further that this act shall apply to any 
election held after June 1st, 1915. 

Approved Sept. 25,1915. 



910 


No. 784.) 


( H. 1354—Carmichael. 


AN ACT 

To make an appropriation of fifteen hundred twenty-nine and 70/100 

($1,529.70) dollars for the relief of the Alabama State tax commission. 

Be it enacted by the Legislature of Alabama: 

1. That the sum of fifteen hundred twenty-nine and 70/100 
($1529.70) dollars, is hereby appropriated for the payment of 
the following sums, incurred by the Alabama State tax com¬ 
mission in the prosecution of the work required of such com¬ 
mission by law, and for the payment of which no other funds 
are now available by law, namely: Jemison Real Estate In¬ 
surance Co., Birmingham, Ala., four hundred five and 00/100 
dollars (405.00), The Paragon Press, Montgomery, fifty-four 
and 50/100 ($54.50) dollars, Alabama Power Company, Bir¬ 
mingham, ten and 50/100 ($10.50) dollars, The Age Herald 
Co., Birmingham, five and 00/100 ($5.00) dollars, Mercantile 
Paper Co., Montgomery, twenty-five and 95/100 ($25.95) dol¬ 
lars, Remington Typewriter Company, Birmingham, one hun¬ 
dred sixty-eight and 75/100 ($168.75) dollars, and Brown 
Printing Company, eight hundred sixty and 00/100 ($860.00) 
dollars. 

2. That the State auditor is hereby authorized and direct¬ 
ed to draw his warrant in behalf of the several persons or cor¬ 
porations named in section 1 hereof, on the presentation of an 
account stated, sworn to as correct, due and unpaid, and ap¬ 
proved for payment by the Alabama State tax commission. 
Provided that no warrant be drawn under this act unless ap¬ 
proved by the Governor. 

3. Provided, however, that the Governor, the attorney gen¬ 
eral, the State auditor, the State treasurer and the director of 
the department of archives and history shall be and constitute 
a commission whose duty it shall be to ascertain how much is 
due or should be paid and shall make an award in writing to 
the Governor as to the amount so due, and the said Governor 
shall in writing, order the State auditor to draw his warrant 
upon the State treasurer for the amount ascertained is due or 
should be paid, and it shall be the duty of the State treasurer 
to pay said warrant out of any money in the treasury not other¬ 
wise appropriated. 

Approved September 28, 1915. 



911 


No. 785.) (H. 1527—Vaughn. 

AN ACT 

To appropriate the sum of $327.21 to pay the Remington Typewriter Com- 
pany, a corporation, for work and material furnished departments of 
the State government. 

Be it enacted by the Legislature of Alabama : 

Section 1. That the sum of $327.21 is hereby appropriated 
to pay the Remington Typewriter Company, a corporation, for 
work and material furnished departments of the State govern¬ 
ment in the State capitol during the years 1912, 1913 and 1914, 
and the State auditor is hereby authorized to draw a warrant 
upon the State treasury for said amount in favor of said Rem¬ 
ington Typewriter Company, provided no warrant shall be 
drawn until this claim shall be approved by the Governor. 

Sec. 2. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due, and shall make an award in writing to the Governor 
as to the amount so due, and the said Governor shall in writing, 
order the State auditor to draw his warrant upon the State 
treasurer for the amount ascertained to be due, and it shall be 
the duty of the State treasurer to pay said warrant out of any 
money in the treasury not otherwise appropriated. 

Approved September 25, 1915. 


No. 786.) (H. 1548—Weakley. 

AN ACT 

To authorize the court of county commissioners or boards of revenue of 
counties in this State which now have or which may hereafter have a 
population of two hundred thousand or more, according to the last pre¬ 
ceding Federal census, or any subsequent Federal census to employ a 
chief clerk and assistant clerks, and fix their compensation. 

Be it enacted by the Legislature of Alabama: 

1 . That the courts of county commissioners or boards of 
revenue of counties in this State which now have or which may 
hereafter have a population of two hundred thousand or more 
according to the last preceding Federal census or any subse¬ 
quent Federal census, shall have power and authority to employ 
a chief clerk and as many assistant clerks as are necessary for 



912 


the convenient and orderly transaction of tlie business of such 
courts or boards, and fix and determine the amount of compen¬ 
sation to be paid to such clerk and assistants as in the discre¬ 
tion of such courts shall be reasonable compensation for the 
services required of such chief clerk and assistants. 

2. That all laws and parts of laws in conflict herewith, 
either local, special or general, be and the same are hereby re¬ 
pealed. 

Approved September 25, 1915. 


No. 789.) (H. 1686—Thompson. 

AN ACT 

To permit county commissioners in any county of Alabama which has or 
may hereafter have 1,575 square miles to succeed themselves in office if 
they are properly qualified and elected. 

Be it enacted by the Legislature of Alabama: 

1 . That on and after the approval of this act, county com¬ 
missioners in any county of Alabama which has or may here¬ 
after have 1,575 square miles may succeed themselves in office 
if properly qualified and elected. To provide further that the 
provisions of this act shall apply in any commissioners district 
of said counties only when a majority of the qualified electors 
of said district, based upon the last prior general election there¬ 
in, have petitioned the probate judge of such county in the in¬ 
terest of said county commissioner. To provide further that 
if any section of this bill is declared unconstitutional it shall 
not nullify any other section. 

2. All local, general or special laws in conflict herewith 
are expressly repealed. 

Approved September 28, 1915. 


No. 790.) (H. 1530—Sorrell. 

AN ACT 

For the relief of J. L. Reeves, former clerk of the circuit court of Tallapoosa 
county. 

Whereas, J. L. Reeves, former clerk of the circuit court of 
Tallapoosa county received as such clerk the sum of $90.00 as 
solicitor’s fees in the cases of three defendants, to-wit: Daub 
Heard, Sam Heard and Pig Heard $30.00 in each of said cases, 



913 


said parties each being convicted at the Spring Term, 1910, of 
said circuit court of the offense of violating the prohibition 
laws, which said sum of $90.00 was paid by the said J. L. Reeves 
to the State of Alabama. And whereas, the prosecution of 
each of said cases was begun in the county court of said county, 
and were brought to the circuit court, by the defendants, re¬ 
spectively, by appeal from conviction in said county court; and 
whereas, T. H. Watkins who was county solicitor of said coun¬ 
ty and who prosecuted each of said defendants in the said coun¬ 
ty court, was entitled by law to one-half of each of said solici¬ 
tors’ fee, making in the aggregate the sum of $45.00; and where¬ 
as, the said J. L. Reeves, tvho had erroneously paid the whole 
of said fees to the State was required to pay, and did pay the 
said T. H. Watkins as county solicitor, the sum of $45.00, his 
portion of said fees, which sum has never been paid to said J 
L. Reeves, therefore: 

Be it enacted by the Legislature of Alabama: 

Section 1. That the sum of $45.00 is hereby appropriated 
out of any money in the treasury not otherwise appropriated 
for the purpose of paying to the said J. L. Reeves the sum of 
$45.00, the money erroneously paid by him to the State; and 
the auditor is authorized and directed to draw his warrant on 
the treasurer in favor of said J. L. Reeves for said sum of forty 
five dollars. 

Sec. 2. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history, shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due, and the said Governor shall, in writing, order the State 
auditor to draw his warrant upon the State treasurer for the 
amount ascertained to be due, and it shall be the duty of the 
State treasurer to pay said warrant out of any money in the 
treasury not otherwise appropriated. 

Approved September 25, 1915. 


No. 791.) (H. 1424—Whorton. 

AN ACT 

To prescribe, fix and regulate contracts of sale for future delivery of stocks, 
bonds and other commodities, and to make the contract of sale of cotton 
for future delivery conform with the acts of Congress approved August 
18th, 1914, and known as the “United States Cotton Future Act” (in¬ 
cluding such amendments as may hereafter be made to said act of Con¬ 
gress), and for the punishment of a violation thereof.” 



914 


Be it enacted by the Legislature of Alabama: 

Section 1. That for the purposes of this act, the term “con¬ 
tract of sale” shall be held to include sales, agreements of sale, 
and agreements to sell. That the word “person” wherever used 
in this act, shall be construed to import the plural or singular, 
as the case demands, and shall include individuals, associa¬ 
tions, partnerships and corporations. 

Sec. 2. That all contracts of sale for the future delivery of 
any commodity, stock or bond, wherein the parties thereto do 
not intend a delivery of the article contracted for, but do intend 
to gamble upon the difference between the contract price and 
some subsequent market price, shall be illegal and void and no 
action shall be maintained in any court to enforce such contract 
not to compel payment of any note or security given in payment 
or settlement of same. 

Sec. 3. That any person, either as agent or principal, who 
enters into or assists in making any contract of sale for the fu¬ 
ture delivery of any commodity, stock or bond, wherein no de¬ 
livery is intended by the parties thereto, and uses as a basis, for 
fixing the price or prices in said contract, the bona fide sales 
made on any exchange or board of trade, without making a bona 
fide execution of such contract on such exchange or board of 
trade, shall be guilty of a misdemeanor; and upon conviction 
thereof shall be fined in a sum not to exceed one thousand dol¬ 
lars or to be imprisoned in the penitentiary not exceeding two 
years and any person or persons who shall be guilty of a second 
offense under this statute, in addition to the penalty above de¬ 
scribed, may, upon conviction, be both fined and imprisoned in 
the discretion of the court, and if a corporation, it shall be lia¬ 
ble to forfeiture of all its rights and privileges as such, and the 
continuance of such establishment after the first conviction 
shall be deemed a second offense.” 

Sec. 4. Proof of the fact that any contract for the future 
delivery of cotton was not made subject to the act of Congress 
approved August 18, 1914, and known as the United States Cot¬ 
ton Future Act (including such amendments as may hereafter 
be made to said act of Congress) shall be prima facie evidence 
of an illegal contract declared void by the preceding sections. 

Sec. 5. That every person shall furnish upon demand, to 
any principal for whom such person has executed any order for 
the actual purchase or sale of any commodities, stocks, or bonds, 
for future delivery, a written statement containing the names of 
the persons from whom such property was bought, or to whom it 



915 


has been sold, as the fact may be, the time when, the place 
where, and if said person shall refuse or neglect to furnish such 
statement within 24 hours after such demand such refusal or 
neglect shall be prima facie evidence that such purchase or sale 
was an illegal contract declared void by section 3 of this act. 

Sec. 6. That all laws and parts of laws in conflict with the 
provisions of the United States law referred to in section 4 of 
this act are hereby repealed. 

Sec. 7. This act shall take effect and be in force from and 
after the date of its passage. 

Approved September 25, 1915. 


No. 796.) (H. 1381—Carmichael. 

AN ACT 

To amend an act entitled “An act to amend section 4546 of the Code of Ala¬ 
bama of 1907,” approved April 24, 1911. 

Be it enacted by the Legislature of Alabama : 

Section 1. That an act entitled “an act to amend section 
4546 of the Code of Alabama of 1907,” approved April 24, 1911, 
be amended so as to read as follows: Before granting certifi¬ 
cates of authority to any insurance company to issue policies 
or make contracts of insurance, the insurance commissioner 
shall be satisfied, by such examination and evidence as he sees 
fit to make and require, that such company is duly qualified un¬ 
der the laws of the State, to transact such business therein. 
As often as once in two years the insurance commissioner shall 
personally, or by his deputy or some competent person appoint¬ 
ed by him for that purpose, visit each domestic insurance com¬ 
pany and examine its affairs, especially as to its financial con¬ 
dition and ability to fulfill its obligations, and whether it has 
complied with the law. He shall make also an examination of 
any such company whenever he deems it prudent to do so. He 
shall also make an examination of any such company upon the 
request of five or more stockholders or five or more persons pe¬ 
cuniarily interested therein, who shall make affidavit of their 
belief, with specifications of their reasons therefor, that such 
company is in unsound condition, if in the opinion of the insur¬ 
ance commissioner such examination is necessary. Whenever 
he deems it prudent for the protection of policy holders in this 
State, and believes that any company authorized to do business 
in this State has violated any of the provisions of this article. 



916 


he shall, in like manner, visit and examine, or cause to be vis¬ 
ited and examined, by some competent person or persons he 
may appoint for that purpose any foreign insurance company 
applying for admission or already authorized to do business by 
agencies in this State. 

Sec. 2. That all laws and parts of laws in conflict with the 
provisions of this act be and the same are hereby repealed. 

Approved September 28, 1915. 


No. 797.) (H. 287—Fite. 

AN ACT 

To amend section 4237 of the 1907 Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 4237 of the 1907 Code of Alabama 
be, and the same hereby is, amended as follows: “4237. Ex¬ 
ception to waiver.—No waiver of exemption in any written in¬ 
strument shall be held to apply to or include or authorize the 
levy of an execution or attachment on any of the following 
property—cooking utensils, cooking stoves, table, tableware, 
chairs, beds and bed clothing in actual use by the family, wear¬ 
ing apparel, meal not exceeding one hundred pounds, lard not 
exceeding fifty pounds, meal and flour not exceeding ten bushels, 
or if no meal or flour, corn or wheat not exceeding ten bushels, 
ten bushels of irish or sweet potatoes, ten gallons of syrup, and 
one cow and calf, to be selected by the debtor, for any debt con¬ 
tracted after the adoption of this Code.” 

Approved September 28, 1915. 


No. 798.) 


AN ACT 


(H. 940—Lee. 


To appropriate the sum of three hundred dollars, out of the fund of the 
department of agriculture, provided by section 52 of the Code, to pay 
Emmet A. Jones for work as a clerk in the department of agriculture. 

Be it enacted by the Legislature of Alabama : 

1. That there is hereby appropriated out of the fund in 
the State treasury for the expense of the department of agri¬ 
culture, provided by section 52 of the Code, the sum of three 



917 


hundred dollars to pay the salary of Emmet A. Jones for his 
services as clerk in the department of agriculture from March 
5th to April 30th, 1915. 

2. Upon the approval of this act, the auditor is hereby au¬ 
thorized and directed to draw his warrant on the State treas¬ 
ury and against the fund aforesaid for the said sum of three 
hundred dollars, and deliver the same to Emmet A. Jones in 
full satisfaction for his services as chief of said bureau during 
the time mentioned. 

Approved September 25, 1915. 


No. 799.) (H. J. R. 266—Shapiro. 

HOUSE JOINT RESOLUTION 

Commendatory of the work of the Alabama State department of archives 

and history. 

In order to make formal record of the importance and value 
of the reference service, including bill-drafting, performed by 
the Alabama State department of archives and history during 
the current session, and in appreciation of the work of its offi¬ 
cials and employees, and by way of encouragement to larger 
growth and usefulness for the future, 

Be it resolved by the Legislature of Alabama: 

1. That its unreserved endorsement and approval is hereby 
given the work of the department of archives and history, and 
particularly the activities popularly known as reference work, 
a service which has brought to the assistance of members both 
of the Senate and House of Representatives, ready and reliable 
information, statistics, digests, and surveys on the hundreds of 
difficult subjects presented for consideration during the session, 
a service which has also afforded members expert aid in the 
drafting of bills, and in numerous other ways has contributed to 
a better performance of legislative duties. 

2. That it is the sense of this Legislature that the research, 
extension and reference service of the department be further 
enlarged and developed so that future Legislatures may be still 
better served; and that the people of the State be encouraged to 
make use of the practically unlimited historical and reference 
resources of the department. 

3. That the members hereby tender to the director, Dr. 
Thomas M. Owen, and to the entire staff of the department, 



918 


grateful acknowledgment and appreciation of their very accept¬ 
able service, their unfailing courtesy, and the zeal, intelligence 
and enthusiasm with which they perform their duties. 

Adopted by the House September 25, 1915. 

Adopted by the Senate September 25, 1915. 


No. 801.) (H. 1662—Knight 

AN ACT 

To repeal an act entitled “An act to regulate the proceedings of justices of 
the peace, and notaries public, with powers of justices of the peace, in 
all criminal proceedings,” approved August 2, 1915. 

Be it enacted by the Legislature of Alabama: 

Section 1. That an act entitled “An act to regulate the pro¬ 
ceedings of justices of the peace, and notaries public with pow¬ 
ers of justices of the peace, in all criminal proceedings,’’ap¬ 
proved August 2, 1915, be, and the same is, hereby repealed. 
Approved September 28,1915. 


No. 802.) (H. J. R. 265—Davis. 

HOUSE JOINT RESOLUTION. 

Whereas, several of the bills prepared by the Recess Judic¬ 
iary Committee, are now laws, and it is the duty of the courts 
to enforce them,—Now, therefore, 

Be it resolved by the House, the Senate concurring, that 
the clerk of the House, and the secretary of the Senate cause 
to promptly be published in phamphlet form, and delivered to 
the officers and persons of the State entitled to receive free the 
Acts of the Legislature the said laws commonly known as the 
Recess Judiciary Bills. 

Adopted by the House September 25, 1915. 

Adopted by the Senate September 25, 1915. 


No. 803.) (H. J. R. 264—Tunstall. 

HOUSE JOINT RESOLUTION. 

Whereas, there appears to be some uncertainty as to wheth¬ 
er or not automobile and motorcycle tags, chauffeurs’ licenses, 



919 


and supplies and stationery are required to be purchased by 
the State board of equalization or by the State purchasing 
agent, and 

Whereas, a delay in the purchase of automobile and motor¬ 
cycle tags, chauffeurs’ licenses, stationery and supplies for the 
immediate use of the State board ofequalization would result in 
material loss to the State and delay in the collection of automo- 
bile and motorcycle licenses, and the want of such supplies and 
stationery for immediate use would greatly embarrass and de¬ 
lay the State board of equalization in the performance of its 
du.ti.GS therefore 

Beit resolved by the House, the Senate concurring, that the 
State board of equalization be and is hereby authorized, em¬ 
powered and instructed to proceed immediately to purchase 
such automobile and motorcycle tags, chauffeurs’ licenses, sta¬ 
tionery and supplies as are necessary for its immediate use. 

Adopted by the House September 25, 1915. 

Adopted by the Senate September 25, 1915. 


No. 805.) 


(H. 1162—Fite of Tuscaloosa. 


AN ACT 

To authorize the recording of affidavits relating to lands in certain in¬ 
stances, and to make said affidavits, or certified ) copiesi of! the record 
thereof, evidence sufficient pnma facie to establish the facts therein 
recited. 


Be it enacted by the Legislature of Alabama, as follows: 

Section 1. That any party or parties may file for record af¬ 
fidavits showing the relationship of parties to conveyances to 
lands, or the relationship of parties to conveyances with other 
parties whose names are shown in the chain of title to lands, 
and showing whether or not any person or persons connected 
with the chain of title was married or single at the time ot tne 
execution of any conveyance, or whether the lands embraced 
in any conveyance constituted a part of the homestead o any 
grantor, and whether lands embraced in any conveyance have 
been in actual possession of any parties connected with t e 
chain of title to either the surface or mineral of lands, or any 
other persons, and affidavits relating to the identity of parties 
whose names may be shown differently in chains of title, and 



920 


the lecord of said affidavits when so recorded shall be notice of 
the facts therein recited. 

Sec. 2. In any litigation over any of the lands referred to 
and described in any of such affidavits in any court in the State 
of Alabama, or in any proceeding in any such court involving 
the title to said lands wherein the facts recited in such affi¬ 
davits may be material, the said affidavits, or certified copies of 
the record thereof, shall be admissible as evidence of the facts 
therein recited and shall be sufficient to prima facie establish 
such facts. Provided, however, that the said affidavits, or cer¬ 
tified copies thereof shall only be admissible as evidence in the 
event the parties making the affidavits are deceased or are non¬ 
residents of the State of Alabama, or their residence unknown 
to the parties offering the affidavits, or such parties are too old, 
infirm or sick to attend court, or are females. 

Sec. 3. The affidavits herein above referred to shall be filed 
by the probate judge of the county where offered for filing, and 
by him recorded and indexed in deed records as conveyances of 
lands are recorded and indexed, and he shall receive the same 
compensation therefor as for recording deeds to lands. 

Sec. 4. All laws and parts of laws in conflict with any of 
the provisions hereof are hereby repealed. 

Approved September 28, 1915. 


No. 808.) (H. 86—Lavertv. 

AN ACT 

To provide for the establishment and maintenance of an industrial school 
tor white blind men; to make an appropriation for the establishment 
and maintenance of said school; to provide for the appointment of a 
board of trustees to manage said school and to define the objects of 
same. 

He it enacted by the Legislature of Alabama: 

1. There is hereby established and created an Industrial 
School for White Blind Men. The board of trustees herein pro¬ 
vided for shall decide as to where said school shall be located, 
but in determining location, the said board shall have in view 
facilities for carrying out the object of said school. 

2. Within two months from the passage of this act the Gov¬ 
ernor shall appoint a board of trustees for said school consisting 
of seven members, two of whom may be women, and not less than 
two of said trustees must reside at the place where said school 



921 


is located. The terms of the members of said board first ap¬ 
pointed shall be as follows: one for seven years, one for six 
years, one for five years, one for four years, one for three years, 
one for two years, and one for one year commencing from the 
date of their appointment, and thereafter upon the expiration of 
the term of a member of said board, his or her successor shall 
be appointed for a term of seven years. The trustee appointed 
for seven years shall be the president of the board. Appoint¬ 
ments to fill vacancies caused by resignations, death or other¬ 
wise, before the expiration of such terms shall be made for the 
residue of such terms in the same manner as herein provided 
for original appointments. 

3. The members of said board may at any time be removed 
by the Governor for good cause. 

4. The persons appointed as trustees as herein provided 
are hereby made a body corporate with the rights of succession 
forever by the name of Industrial School for White Blind Men, 
and such corporation may acquire and hold property, real and 
personal, by gift, devise or any other manner, for the purpose 
of its creation; may sue and contract; may have and use a com¬ 
mon seal, break or alter the same at pleasure; and may have all 
the powers necessary and proper to accomplish the purposes of 
this act. 

5. No trustee shall receive any pay or emolument other 
than his actual expenses incurred in the discharge of his duties 
as such. Said board shall have the entire management and con¬ 
trol of such institution. 

6. A majority of such board may act and may meet and 
adjourn from time to time as in their judgment the interests 
of the institution may require. They must appoint a secretary 
and keep a complete record of all their proceedings in a well 
bound book, and they shall also appoint a treasurer, who shall 
not be a trustee, who shall give bond in such amount as the 
board may determine, and with such sureties as they may deem 
sufficient, for the faithful discharge of his duties as such treas¬ 
urer, and he and his sureties shall be responsible for all funds 
which may come into his hands by virtue of his office. 

7. The treasurer must pay over such funds as may come 
into his hands as such as may be prescribed by the board, and 
the treasurer shall make a full report at the close of the fiscal 
year, and oftener if required by the Governor. 

8. The board must appoint from their number a president, 
and they must also appoint a superintendent for such institu¬ 
tion, who may nominate to the board such other assistants in 



922 


the institution as he may think necessary for the successful 
management, such board having power of confirmation or re¬ 
jection. The board may fix the amount and compensation for 
each of the officers and teachers and the time and payment. 

9. The object of such school shall be to afford a means 
of industrial education for the adult white blind men of this 
State. All blind white men of the State over the age of twenty- 
one years who are of sound mind, free from disease and of 
good character may be admitted to the benefits of this school. 
All applicants must make satisfactory proof to the board of 
trustees that they are citizens of the State and that they are 
proper candidates for admission. Proof may be made by the 
applicant in person or by affidavit or any person cognizant of 
the facts, before the probate judge or a notary public. No pupil 
shall be retained in school after it has been ascertained that 
such pupil has ceased to make progress or is not being bene¬ 
fited. Any pupil may be dropped by tlie'board of trustees for 
cause. The length of time which any pupil may continue in 
school, shall not exceed five years. Said school shall teach 
embossed reading and various trades and, soon as practicable, 
furnish work in shops for blind men who have learned trades. 

10. Said board shall be authorized to make such rules and 
regulations for the management and control and conduct of 
said school as said board may deem necessary. 

11. The board may select from their number an executive 
committee of three, subject to change and removal by the ma¬ 
jority of the board at any time, and such committee is author¬ 
ized to meet and transact any business that may be transacted 
by the board. Whatever acts said committee may do shall be 
considered as done by the whole board. 

12. As an initial appropriation for the site, and erection 
and furnishing of the necessary buildings for said school, the 
sum of ten thousand dollars is hereby appropriated, out of 
such funds not otherwise appropriated, such appropriation to 
be available on and after February the first, 1917. The said 
board is hereby authorized to purchase the necessary site, to 
contract for the erection and maintenance of the necessary 
buildings, and to do all other things necessary to carry out the 
purposes of this act. The said appropriation to be paid out of 
the State treasury upon warrants signed by the president of the 
board, and countersigned by the secretary and treasurer. 

13. For the maintenance, sunport and conduct of said 
school the sum of one hundred dollars per pupil is hereby an¬ 
nually appropriated out of any money in the treasury not 



923 


otherwise appropriated, such appropriation to be based on the 
number of pupils enrolled on the first day of January each year, 
and to be drawn quarterly in advance by the treasurer of the 
board and disbursed as directed by said board, but shall not 
exceed the sum of ten thousand dollars a year. 

14. The board of trustees must provide good and sufficient 
insurance payable to the State of Alabama upon the property 
of the school and shall keep and maintain such property in 
good repair and for this purpose there is annually appropriated 
the sum of one thousand dollars, to be drawn as appropriations 
for the institute are drawn. Such appropriations shall be ex¬ 
pended only for the purposes herein specified. 

Approved September 28, 1915. 


No. 809.) (H. 1575 Davis. 

AN ACT 

To authorize persons who have practiced dentistry or dental surgery in the 
State of Alabama for twenty years or more, to practice the same. 

Be it enacted by the Legislature of Alabama: 

1. That all persons who have practiced dentistry or dental 
surgery in this State for a period of twenty years or more, 
shall be permitted to continue in the practice of the said pro¬ 
fession without being required to obtain a license from the 
board of dental examiners of Alabama. 

2. All laws and parts of laws in conflict with the provi¬ 
sions of this act are hereby repealed. 

Approved September 25, 1915. 


No gl o ) (H. 1277—Wilson. 

AN ACT 

To amend sections 811, 812, 813, 814, 815, 818 and 819 of the Code of Ala- 
bama. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 811 of the Code of Alabama be 
amended so as to read as follows: 811. State board of horti¬ 
culture ; how formed.—The commissioner of agriculture and in¬ 
dustries the president of the Alabama State Horticultural So¬ 
ciety the ranking Alabama officer of the Gulf Coast Horticul- 



924 


tural Society, the director of the experiment station of the Ala¬ 
bama Polytechnic Institute, the State horticulturist with the 
etymologist and plant patholigist of the Alabama Experiment 
Station at Auburn as advisory members shall constitute a board 
to be known as the State board of horticulture, of which thel 
commissioner of agriculture and industries shall be chairman, 
which board shall have full power to enact such rules and regu¬ 
lations governing the examination, certification, sale, trans¬ 
portation, and introduction of trees, shrubs, cuttings, buds, 
vines, bulbs, and roots, and the planting and growing of such 
in nurseries, orchards, and on premises of every kind and na¬ 
ture in this State, that they may deem necessary to prevent the 
further introduction, existence, increase, and dissemination of 
insect pests and plant diseases. 

Sec. 2. Be it further enacted by the Legislature of Alabama, 
That section 812 of the Code of Alabama be amended so as to 
read as follows: 812. State horticulturist. The professor of 
horticulture of the Alabama Polytechnic Institute shall be the 
State horticulturist and secretary of the State board of hor¬ 
ticulture with such clerical assistance as in the opinion of the 
board is needed by him. The board shall promulgate rules and 
regulations in accordance with this chapter for the govern¬ 
ment of the State horticulturist in the duties devolving upon 
him in the execution of the provisions of this chapter. 

Sec. 3. Be it further enacted, that section 813 of the Code 
of Alabama be amended so as to read as follows: 813. Expense 
defrayed. There is hereby annually appropriated the sum of 
five thousand dollars to be disbursed under the direction of 
the State board of horticulture, but no disbursements shall be 
made except for the purpose of defraying the expenses in the 
execution of the provisions of this chapter. 

Sec. 4. Be it further enacted by the Legislature of Ala¬ 
bama, that section 814 of the Code of Alabama be amended so 
as to read as follows: 814. Treatment of infested trees or 
plants. The State horticulturist or a deputy duly authorized 
by the board of horticulture, shall under the regulations of the 
board of horticulture, visit any section of the State where such 
pests or diseases are supposed to exist, and to determine wheth¬ 
er the infested jor diseased trees or plants are worthy of reme¬ 
dial treatment or shall be destroyed, and on visiting and dis¬ 
covering such diseased or infested trees or plants he shall if he 
deem it necessary—as in the case of highly infectious plant 
diseases and communicable insect infestations—attach to each 



925 


infected plant or planting or at the principle entrance of said 
infected property or planting a tag or card of a kind of ma¬ 
terial that will withstand the weather conditions for a period 
of at least ninety days and which tag may be replaced from 
time to time until the said trees or plants have been treated, 
freed from said infection or destroyed, and upon such tag, in 
indelible markings, shall be noted the approximate extent of in¬ 
fection on said farm, nursery, or orchard, the name by which 
the disease is known, and such other words, or instructions, of 
a quarantine nature as the State board of horiticulture shall 
deem to be necessary to prevent the spread of the infection or 
infestation to other trees, plantings or orchards than those 
originally found to be infected on said farm, nursery or prop¬ 
erty. And such tag, or card shall not be removed, altered, nor 
defaced by the owner, tenant, or manager of said farm or any 
other person, unless authorized to do so by the State horticul¬ 
turist, and he shall immediately report his findings in writ¬ 
ing giving reasons therefor to the owner of the infected or dis¬ 
eased plantation, his agents or tenants and a copy of each re¬ 
port shall also be submitted to the State board. Any person 
or persons who shall remove, deface, or alter the said tag or 
card after the same has been affixed as herein provided, shall 
be deemed guilty of a misdemeanor, and upon conviction there¬ 
of shall be fined not less than fifty nor more than one hundred 
dollars. In case of objections to the findings of the State hor¬ 
ticulturist or his deputy, an appeal may be made to the State 
board, who shall have the power to summon witnesses and hear 
testimony on oath and its decision shall be final. An appeal 
must be taken within ten days and shall act as a stay of pro¬ 
ceedings until it is heard and decided. In case of an appeal by 
the owner of any nursery, orchard or plantation to the State 
board of horticulture, the State shall pay the cost of the pro¬ 
ceedings in the event that the owmer shall win his appeal, and 
the appellant shall pay said cost in the event his appeal is not 
sustained, and the said cost shall constitute a lien against the 
property of said owner and may be collected in the manner pro¬ 
vided in section 5, of the act amending section 815 of the Code 
of Alabama. 

Sec. 5. Be it further enacted that section 815 of the Code 
of Alabama be amended so as to read as follows: 815. Cost 
of treatment by owner.—Upon the findings of the State horticul¬ 
turist or his deputy in any case of infested or diseased trees or 
plants, the treatment prescribed by him shall be executed at 



926 


once (unless an appeal be taken), under his supervision, the 
cost of labor and material shall he borne by the owner; pro¬ 
vided, however, that in case the trees or plants shall be con¬ 
demned, they shall be destroyed by the State horticulturist or 
his deputy and the expense of such action shall be borne by the 
owner, which expense, whether of treatment or destruction, and 
the owner shall pay such expenses within thirty days; if such 
owner shall fail to pay all such expense's within such time, the 
solicitor of such county shall bring suit in the name of the State 
for the recovery of the same and when judgment is recovered 
and collected the fund shall be paid into the fund belonging to 
said board from which said expenses shall have been paid. 

Sec. 6. Be it further enacted that section 818 of the Code 
of Alabama be amended so as to read as follows: 818.—Pre¬ 
venting introduction of pests.-—The State board of horticulture 
shall adopt rules and regulations, not inconsistent with the laws 
and constitution of this State and of the United States for the 
preventing the introduction of dangerously injurious crop pests 
and diseases of all kinds from without the State, for preventing 
the existence of such pests or diseases on any premises of what¬ 
ever nature and kind in this State, for the preventing of the ex¬ 
istence of infested or diseased plants, trees or shrubs that are 
hosts for said pests or diseases, when same are in the counties 
wherein the said pests or diseases are already in existence, or 
regarding the dissemination of crop pests and diseases within 
the State, and for the governing of common carriers in trans¬ 
porting plants liable to harbor such pests or diseases, to and 
from and within the State and such regulations shall have the 
force of laws. 

Sec. 7. Be it further enacted that section 819 of the Code 
of Alabama be amended so as to read as follows: 819. Issuance 
of bulletins.—The members of said board, any two of whom 
shall constitue a quorum, shall from time to time, draw up and 
promulgate, through the press of the State, or in bulletins or 
both, rules and regulations necessary to carry into full and 
complete effect the provisions of this chapter, carefully defining 
what diseases or maladies, both insect and fungus, shall consth 
tute infestation in trees and plants within the meaning and 
purview thereof, and what plants, trees or shrubs are hosts for 
the various pests and diseases in the counties of the State in 
which the respective pests or diseases have an existence. 

Approved September 28, 1915. 



927 


No. 813.) (H. 1106—Lapsley. 

AN ACT 

To provide for the discovery of assets of judgment debtors, and to facilitate 

the enforcement of collection of judgment in courts of law or equity in 

this State. 

Be it enacted by the Legislature of Alabama : 

Section 1. That after the return of an execution, issued by 
any court, law or equity, in this State upon a judgment or 
decree against any person, or persons residing in this State, or 
against a firm doing business in this State, when a member or 
members thereof reside in this State; or against a corporation 
doing business in this State, with the endorsement upon such 
execution of “No property found”; upon the written request of 
the judgment creditor filed with the clerk or register, such 
clerk or register of such court shall issue a notice to the person, 
firm or corporation against whom such execution shall have 
been so returned, requiring such person, persons, member or 
members of such firm, or corporation through a duly authorized 
agent, to file in such court within thirty days from the service 
of such notice, a statement in writing, under oath, of all of the 
assets of such, person, firm or corporation, including money, 
choses in action, notes, bonds, and accounts, and all other prop¬ 
erty, real, personal or mixed or any interest therein, with a 
detailed description of the same, the location and reasonable 
value of each item thereof, together with a detailed list or state¬ 
ment of any and all liens, mortgages, or encumbrances thereon 
showing the amounts due upon each, and the owner or holder of 
such liens, mortgages or encumbrances. 

Sec. 2. That after filing in court of such statement and 
such judgment remaining unsatisfied, upon the filing in said 
court by the judgment creditor, or the attorney of record for 
such judgment creditor, of an affidavit stating that such state¬ 
ment’to the best of affiant’s knowledge, information and belief 
does not contain a full, true and correct statement and descrip¬ 
tion of such assets as required herein, the court shall make an 
order requiring such judgment debtor, or debtors when the judg¬ 
ment is against a person or firm, or the agent or agents of such 
debtor corporations to appear before such court on a day to be 
set by the court, not less than ten days notice, of which order 
shall be served upon such judgment debtor, to submit to an 
oral examination, under oath, touching the nature, location, 
description, and value of such assets; and to this end may re- 



928 


quire the production by such judgment creditor of any and all 
papers, documents or books which may contain material evi¬ 
dence of such assets. 

Sec. 3. That a wilful refusal to file such statement as here¬ 
in provided for, or to appear and submit to such oral examina¬ 
tion, shall contitute a contempt of court, and the person so ad¬ 
judged by the court to be guilty of such contempt may be pun¬ 
ished within the discretion of the court as now provided by law 
in cases of contempt of court. 

Sec. 4. That the costs of the proceeding herein provided for 
shall, be taxed as other costs in the case, provided that the court 
may within its discretion tax the same against either party or 
apportion the same among such parties. 

Sec. 5. That the remedy herein provided shall be held and 
construed to be in addition to any existing remedv or process 
now or hereafter provided by law in such cases for the discov¬ 
ery of assets or the enforcement of collection of judgment. 

Approved September 28, 1915. 


No. 814.) (H. 392—Carmichael of Colbert. 

AN ACT 

To prescribe the time within which proceedings for the disbarment of an 
attorney-at-law must be begun. 

Be it enacted by the Legislature of Alabama : 

Section 1. That all proceedings in any court of this State 
to disbar any attorney authorized to practice law in this State 
must be begun within three years after the act made the basis 
of such proceedings shall have been committed. 

Sec. 2. That all laws and parts of laws, either general, spe¬ 
cial or local, in conflict with this act be and the same are herebv 
repealed. 

Approved September 28, 1915. 


No. 815.) 


AN ACT 


(H. 44—John. 


To make it unlawful to allow, assist or abet in the escape of patients from 
either of “The Alabama Insane Hospitals.” 



929 


Be it enacted by the Legislature of Alabama: 

Section 1. That from and after the passage of this act, it 
shall be unlawful for any officer, servant or employee of either 
of “The Alabama Insane Hospitals,” or any other person, to 
allow, assist or abet in the escape of any patient confined in 
either of “The Alabama Insane Hospitals.” That any officer, 
servant or employee of either of “The Alabama Insane Hospi¬ 
tals,” or any other person, who shall violate this act, upon con¬ 
viction thereof shall be guilty of a misdemeanor and shall be 
punished by a fine not exceeding one,hundred ($100.00) dollars, 
and may be punished by imprisonment in the county jail or at 
hard labor for the county not exceeding ninety (90) days, the 
imprisonment to be at the discretion of the judge trying or 
presiding over the trial of the cause. 

Approved September 28, 1915. 


No. 816.) 


(H. 1409—Carmichael. 

AN ACT 


To make appropriations for the ordinary expenses for the executive, legis¬ 
lative and judicial departments of the State, for the interest on the pub¬ 
lic debt, and for the public schools. 

Be it enacted by the Legislature of Alabama: 

EXECUTIVE DEPARTMENT. 

1. That the several sums of money or so much of every sum 
as may be necessary, be and the same are hereby appropriated 
for the purposes hereinafter specified, to be paid out of any 
money in the State treasury, for the fiscal years ending re¬ 
spectively on the 30th day of September, 1916, 1917 and 1918: 

(1) For compensation of the Governor, seven thousand five 
hundred dollars ($7,500.00) for every year. 

(2) For compensation of the secretary to the Governor, 
three thousand dollars ($3,000.00) for every year. 

(3) For compensation of a recording secretary to the Gov¬ 
ernor, one thousand five hundred dollars ($1,500.00) for every 
year. 

(4) For compensation of a filing clerk to the Governor, one 
thousand five hundred dollars ($1,500.00) for every year. 

(5) For compensation of a stenographer and messenger in 
the executive office, nine hundred dollars ($900.00) for every 
year. 


30 GA 



930 


(6) For compensation of four watchmen at the capitol, nine 
hundred dollars ($900.00) each for every year. 

(7) For compensation of four servants in the executive 
offices and departments four hundred and twenty dollars 
($420.00) each for every year. 

(8) For compensation of the secretary of State, three thou¬ 
sand dollars ($3,000.00) for every year. 

(9) For compensation of chief clerk in the secretary of 
State’s office, one thousand eight hundred dollars ($1,800.00) 
for every year. 

* (10) For compensation of the stenographer in the secretary 

of State’s office, nine hundred dollars ($900.00) for every year. 

(11) For compensation of the State auditor, three thousand 
dollars ($3,000.00) for every year. 

(12) For compensation of the chief clerk in the State audi¬ 
tor’s office, one thousand eight hundred dollars ($1,800.00) for 
every year. 

(13) For compensation of the warrant clerk in the State 
auditor’s office, one thousand eight hundred dollars ($1,800.00) 
for every year. 

(14) For compensation of the land clerk in the State audi¬ 
tor’s office, one thousand eight hundred dollars ($1,800.00) for 
every year. 

(15) For compensation of the deputy pension commissioner 
in the State auditor’s office, one thousand five hundred dollars 
($1,500.00) for every year. 

(16) For compensation of the general bookkeeper in the 
State auditor’s office, one thousand five hundred dollars ($1,- 
500.00) for every year. 

(17) For compensation of the filing clerk in the State audi¬ 
tor’s office, one thousand two hundred dollars ($1,200.00) for 
every year. 

(18) For compensation of the stenographer in the State 
auditor’s office, nine hundred dollars ($900.00) for every year. 

(19) For compensation of the State treasurer, three thou¬ 
sand dollars ($3,000.00) for every year. 

(20) For compensation of the chief clerk in the State treas¬ 
urer’s office, one thousand eight hundred dollars ($1,800.00) 
for every year. 

(21) For compensation of one assistant clerk in the State 
treasurer’s office, one thousand five hundred dollars ($1,500.00) 
for every year. 

(22) For compensation of a second assistant clerk in the 
State treasurer’s office, one thousand five hundred dollars ($1,- 
500.00) for every year. 



931 


(23) For compensation of the third assistant clerk in the 
State treasurer’s office, one thousand two hundred dollars 
($1,200.00) for every year. 

(24) For compensation of a stenographer in the State treas¬ 
urer’s office, nine hundred dollars ($900.00) for every year. 
For opening the safe in the treasury, repairing the same, put¬ 
ting a time lock on outer door of vault and a cement floor in the 
vault—five hundred dollars, or so much thereof as may be neces¬ 
sary. 

(25) For compensation of the attorney general, three thou¬ 
sand dollars ($3,000.00) for every year. 

(26) For compensation of the first assistant attorney gen¬ 
eral, one thousand eight hundred dollars ($1,800.00) for every 
year. 

(27) For compensation of the second assistant attorney 
general, one thousand five hundred dollars ($1,500.00) for 
every year. 

(28) For compensation of the stenographer in the attorney 
general’s office, nine hundred dollars ($900.00) for every year. 

(29) For the use of the attorney general in meeting the ex¬ 
penses incident to the repair and better equipment of the several 
offices of the attorney general and his assistants, the sum of 
seven hundred and fifty dollars ($750.00), to be expended 
wholly during the fiscal year ending September 30, 1916. 

(30) For compensation of the superintendent of education, 
three thousand dollars ($3,000.00) for every year. 

(31) For compensation of the chief clerk in the superinten¬ 
dent of education’s office, one thousand eight hundred dollars 
($1,800.00) for every year. 

(32) For compensation of two additional clerks in the su¬ 
perintendent of education’s office, one thousand five hundred 
dollars ($1,500.00) each for every year. 

(33) For compensation of the stenographer in the superin¬ 
tendent of education’s office, nine hundred dollars ($900.00) for 
every year. 

(34) For compensation of chief mine inspector, three thou¬ 
sand dollars ($3,000.00) for every year. 

(35) For compensation of six associate mine inspectors, 
two thousand dollars ($2,000.00) each for every year. 

(36) For expenses of mine inspectors, ten thousand dollars 
($10,000.00) for every year. 

(37) For compensation of one stenographer in the depart¬ 
ment of archives and history, nine hundred dollars ($900.00) 
for every year. 



932 


(38) For compensation of the commissioner of agriculture 
and industries, three thousand dollars ($3,000.00) for every 
year. 

(39) For compensation of the chief clerk in the department 
of agriculture and industries, one thousand eight hundred dol¬ 
lars ($1,800.00) for every year. 

(40) For compensation of the assistant in the department 
of agriculture and industries, one thousand five hundred dollars 
($1,500.00) for every year. 

(41) For compensation of one stenographer for the depart¬ 
ment of agriculture and industries, nine hundred dollars 
($900.00) for every year. 

(42) For compensation of the adjutant general, two thou¬ 
sand dollars ($2,000.00) for every year. 

(43) For compensation of one clerk in the adjutant gener¬ 
al’s office, one thousand two hundred dollars ($1,200.00) for 
every year. 

(44) For compensation of inspector of jails, almshouses, 
four thousand dollars ($4,000.00) for every year. 

(45) For compensation of the chief clerk to the inspector of 
jails, almshouses, one thousand eight hundred dollars ($1,- 
800.00) for every year. 

(46) For compensation of two deputy inspectors to the in¬ 
spector of jails, one thousand five hundred dollars ($1,500.00) 
each for every year. 

(47) For compensation of the stenographer to the inspector 
of jails, almshouses, etc., nine hundred dollars ($900.00) for 
every year. 

(48) For compensation of one clerk to the State board of 
health, one thousand two hundred dollars ($1,200.00) for every 
year. 

(49) For compensation of the president of the railroad 
commission, three thousand five hundred dollars ($3,500.00) 
for every year. 

(50) For compensation of two associate railroad commis¬ 
sioners, three thousand dollars ($3,000.00) each for every year. 

(51) For compensation of one secretary to the railroad com¬ 
mission, two thousand four hundred dollars ($2,400.00) for 
every year. 

(52) For compensation of one stenographer to the railroad 
commission, one thousand two hundred dollars ($1,200.00) for 
every year. 

(53) For compensation of expert help for the railroad com¬ 
mission, five thousand dollars ($5,000.00) for every year. 



933 


(54) For expenses of the railroad commission, one thousand 
dollars ($1,000.00) for every year. 

(55) For compensation of the superintendent of banks, 
three thousand six hundred dollars ($3,600.00) for every year. 

(56) For compensation of four bank examiners, one thou¬ 
sand eight hundred dollars ($1,800.00) each for every year. 

(56 Yo) For compensation of the banking board, twenty-four 
hundred dollars ($2,400.00) or so much thereof as may be neces¬ 
sary. 

(57) For compensation of office assistant to superintendent 
of banks, one thousand dollars ($1,000.00) for every year. 

(57%) For hotel and traveling expenses of the superinten¬ 
dent of banks and his assistants when they are in the discharge 
of their duties, seven thousand two hundred dollars, ($7,200.00) 
or so much thereof as may be necessary. 

(58) For compensation of one stenographer to superinten¬ 
dent of banks, nine hundred dollars ($900.00) for every year. 

(59) For compensation of the chairman of the State board 
of equalization, the sum of three thousand dollars ($3,000.00) 
for every year. 

(60) For compensation of two associate members of the 
State board of equalization, three thousand dollars ($3,000.00) 
each for every year. 

(61) For the ordinary expenses and conduct of the depart¬ 
ment of archives and history, to be expended by the director so 
as to develop in the fullest and broadest manner the several ac¬ 
tivities and needs of the department, the additional sum of six 
thousand dollars ($6,000.00) for every year. 

J U1) I CIA RY D E PA RTM ENT. 

2. That there is hereby appropriated, for the purposes here¬ 
inafter specified, to be paid out of any money in the State treas¬ 
ury, the following sums of money for the fiscal years ending re¬ 
spectively on the 30th day of Spetember, 1916, 1917 and 1918, 
except where a different period is hereinafter expressly named: 

(1) For compensation of the chief justice and the six asso¬ 
ciate justices of the Supreme Court, five thousand dollars 
($5,000.00) each for every year. 

(2) For compensation of the presiding judge and two asso¬ 
ciate justices of the Court of Appeals, five thousand dollars 
($5,000.00) each for every year. 

(3) For compensation of the clerk of the Supreme Court, 
three thousand six hundred dollars ($3,600.00) for every year. 



934 


(4) For compensation of the clerk of the Court of Appeals 
two thousand five hundred dollars ($2,500.00) for every year. 

(5) For compensation of marshal and librarian of the Su¬ 
preme Court, two thousand dollars ($2,000.00) for every year. 

(6) For compensation of the assistant librarian of the Su¬ 
preme Court, one thousand dollars ($1,000.00) for every year. 

(7) For compensation of two secretaries of the Supreme 
Court, two thousand dollars ($2,000.00) each for every year. 

(8) For compensation of the secretary of the Court of Ap¬ 
peals, one thousand six hundred dollars ($1,600.00) for every 
year. 

(9) For compensation of one clerk to the chief justice, 
one thousand two hundred dollars ($1,200.00) for every year. 

(10) For compensation of the reporter of the decisions of 
the Supreme Court and of the Court of Appeals, three thousand 
six hundred dollars ($3,600.00) for every year. 

(11) For compensation of the stenographer to the reporter 
of the decisions of the Supreme Court, nine hundred dollars 
($900.00) for every year. 

(12) For compensation of one assistant clerk to the clerk of 
the Supreme Court, one thousand eight hundred dollars ($1,- 
800.00) for every year. 

(13) For compensation of one stenographer to the clerk of 
the Supreme Court, nine hundred dollars ($900.00) for every 
year. 

(14) For compensation of one servant to the Supreme 
Court, four hundred and twenty dollars ($420.00) for every 
year. 

(15) For compensation of seventeen circuit judges, three 
thousand dollars ($3,000.00) each for every year, from October 
1,1915, up to the first Monday after the second Tuesday in Jan¬ 
uary, 1917. 

(16) For compensation of thirty-six circuit judges, three 
thousand dollars ($3,000.00) each for every year, from the first 
Monday after the second Tuesday in January, 1917, for the fis¬ 
cal years ending respectively on the 30th day of September, 
1917 and 1918. 

(17) For compensation of five chancellors, three thousand 
and two hundred dollars ($3,200.00) each for every year from 
October 1,1915 to the first Monday after the second Tuesday in 
January, 1917. 

(18) For compensation of one supernumerary judge, four 
thousand dollars ($4,000.00) for every year from October 1, 
1915 to the first Monday after the second Tuesday in January, 



935 


1917; and three thousand dollars ($3,000.00) from the first 
Monday after the second Tuesday in January, 1917, for the fis¬ 
cal years ending respectively on the 30th day of September, 
1917 and 1918. 

(19) For compensation of five judges of law and equity 
courts, two thousand five hundred dollars ($2,500.00) each for 
every year from October 1,1915 up to the first Monday after the 
second Tuesday in January, 1917. 

(20) For compensation of two judges of law and equity 
courts, three thousand dollars ($3,000.00) each for every year 
from October 1, 1915 up to the first Monday after the second 
Tuesday in January, 1917 

(21) For compensation of two judges of law and equity 
courts, one thousand eight hundred dollars ($1,800.00) each for 
every year from October 1, 1915 to the first Monday after the 
second Tuesday in January, 1917. 

(22) For compensation of thirteen judges of city courts, 
three thousand dollars ($3,000.00) each for every year up to the 
first Monday after the second Tuesday in January, 1917. 

(23) For compensation of one judge of a city court two 
thousand seven hundred and fifty dollars ($2,750.00) for every 
year from October 1, 1915 up to the first Monday after the sec¬ 
ond Tuesday in January, 1917. 

(24) For compensation of one judge of a city court, two 
thousand seven hundred dollars ($2,700.00) for every year 
from October 1, 1915 up to the first Monday after the second 
Tuesday in January, 1917. 

(25) For compensation of one judge of a city court, two 
thousand four hundred dollars ($2,400.00) for every year from 
October 1,1915 up to the first Monday after the second Tuesday 
in January, 1917. 

(26) For compensation of fifteen circuit court solicitors, 
two thousand four hundred dollars ($2,400.00) each for every 
year from October 1,1915 for the fiscal years ending respective¬ 
ly on the 30th day of September, 1916, 1917, and 1918. 

(27) For compensation of seven circuit court solicitors, two 
thousand four hundred dollars ($2,400.00) each for every year 
from the date of their qualification, after being elected on the 
first Tuesday after the first Monday in November, 1916, for the 
fiscal years ending respectively on the 30th day of September, 
1917 and 1918. 

(28) For compensation of one county solicitor for Calhoun 
county, two thousand dollars ($2,000.00) for every year, from 



936 


October 1,1915 to the first Monday after the second Tuesday in 
January, 1917. 

(29) For compensation of one solicitor for Lee county, one 
thousand eight hundred dollars ($1,800.00) for every year 
from October 1,1915 to the first Monday after the second Tues¬ 
day in January, 1917. 

LEGISLATIVE DEPARTMENT. 

3. That for the per diem and mileage of Senators and Rep¬ 
resentatives, for the payment of the officers and employees of 
the Senate and House of Representatives, and for the incidental 
expenses of the regular session of the Legislature of 1919, there 
is hereby appropriated one hundred thousand dollars ($100,- 
000 . 00 ). 


MISCELLANEOUS APPROPRIATIONS. 

4. That there is hereby appropriated, for the purposes here¬ 
inafter specified, to be paid out of any money in the State treas¬ 
ury, the following sums of money, for the fiscal years ending 
respectively on the 30th day of September, 1916, 1917, and 1918, 
unless for periods otherwise expressly declared herein: 

(1) For insurance on the capitol, furnishings therein, the 
Supreme Court library, and the collections of the department 
of archives and history, five thousand dollars ($5,000.00) for 
every year, to be expended only by and with the approval of the 
Governor. 

(2) For the arrest of absconding felons, three thousand dol¬ 
lars ($3,000.00) for every year. 

(3) For the removal of prisoners, six thousand dollars 
($6,000.00) for every year. 

(4) For distributing the public documents of the several 
executive, judicial and legislative departments of the State, one 
thousand dollars ($1,000.00) for the fiscal year ending Septem¬ 
ber 30, 1916, and eight hundred dollars ($800.00) each for the 
fiscal years ending September 30, 1917 and 1918. 

(5) For interest on the Agricultural and Mechanical Col¬ 
lege bonds (Alabama Polytechnic Institute), twenty thousand 
two hundred eighty dollars ($20,280.00) for every year. 

(6) For interest on the bonded debt of the State, three hun¬ 
dred and sixty thousand dollars ($360,000.00) for every year. 

(7) For stationery and office supplies, including typewrit¬ 
ers, for the several executive offices, departments, commissions, 



937 


bureaus and boards, the Supreme Court, the Court of Appeals 
and the Supreme Court library, twenty thousand dollars ($20,- 
000.00) for every year. 

(8) For fuel, light and water in the eapitol, five thousand 
dollars ($5,000.00) for every year. 

(9) For repairing and refurnishing the eapitol building 
and grounds, ten thousand dollars ($10,000.00) for every year. 

(10) For interest on the funds arising from sale of lands of 
the Alabama Girls’ Technical Institute, twenty thousand dol¬ 
lars ($20,000.00) for every year. 

(11) For postage and post office box rent for the several 
executive offices, departments, commissions, bureaus and 
boards, the Supreme Court, the Court of Appeals and the Su¬ 
preme Court library, five thousand dollars ($5,000.00) for 
every year. 

(12) For feeding prisoners in county jails $200,000 for 
every year provided that $70,000 of this annual appropriation 
shall only be paid when in the opinion of the Governor the con¬ 
dition of the treasury will permit. 

(13) For interest on the 16th section fund, the valueless 
16th section fund, the surplus revenue fund, and the school in¬ 
demnity land fund, for the use of the public schools of the State, 
one hundred seventy-five thousand dollars ($175,000.00) for 
every year. 

(14) For interest on temporary loans of three hundred 
thousand dollars ($300,000.00) to be disbursed annually only 
by and on the order of the Governor, eighteen thousand dollars 
($18,000.00) for every year. 

(15) For public printing and binding of the several execu¬ 
tive, judicial and legislative departments of the State, fifty 
thousand dollars ($50,000.00) for the fiscal year ending Sep¬ 
tember 30, 1916, and forty thousand dollars ($40,000.00) each 
for the fiscal years ending September 30,1917, and 1918. 

(16) For the compensation of the secretary of State for pre¬ 
paring copies of the Acts for the public printer, ten cents (10c) 
for each one hundred words. 

(17) For the compensation of the secretary of the Senate 
and the clerk of the House of Representatives for preparing and 
making indexes for the journals of the Senate and House of 
Representatives of the Legislature of Alabama of 1915, fifteen 
hundred ($1,500.00) dollars. 

(18) For the repair and upkeep, and new furnishings of the 
Governor’s mansion, to be expended solely by the Governor of 
the State, and only for actual repairs, additions or furnishings 



938 


made and delivered, the sum of five hundred dollars ($500.00) 
for every year. 

EMERGENCY APPROPRIATIONS. 

5. That for the payment of all obligations of the State, not 
herein specially enumerated, such annual sum as may be neces¬ 
sary is hereby appropriated, and that wherever any office has 
been created, or wherever the salary of any existing officer has 
been increased and the money has not been expressly appropri¬ 
ated to pay the salaries of the officers whose offices have been 
created, or to pay the salaries which have been so increased, such 
sum or sums as may be necessary to pay the same at the rate, 
and in the manner required by the existing laws is hereby ap¬ 
propriated. 

(6) That one-half of the appropriations herein before made 
for the fiscal year ending September 30, 1918, are hereby made 
and declared to be in force and payable by the State auditor up 
to and including March 31, 1919. 

Approved September 28, 1915. 


No. 817.) 


AN ACT 


(H. 1478—Weakley. 


To appropriate the sum of six hundred and one and 99/100 dollars to pay 

Loveman, Joseph & Loeb for balance due on contract for furnishing 

House and Senate chambers as per contract. 

Be it enacted by the Legislature of Alabama : 

Section 1. That the sum of six hundred and one and 99/100 
dollars, be and the same is hereby appropriated, out of any 
money in the treasury not otherwise appropriated to pay Love- 
man, Joseph & Loeb for balance due on contract for furnishing 
House and Senate chambers, as per contract. 

Sec. 2. That the auditor be and he is hereby directed to 
draw a warrant on the treasurer in favor of Loveman, Joseph 
& Loeb for the amount set out in section one of this bill. 

Sec. 3. Provided, however, that the Governor, the attorney 
general, the State auditor, the State treasurer and the director 
of the department of archives and history, shall be and consti¬ 
tute a commission whose duty it shall be to ascertain how much 
is due, and the said Governor shall, in writing, order the State 
auditor to draw his warrant upon the State treasurer for the 



939 


amount ascertained to be due, and it shall be the duty of the 
State treasurer to pay said warrant out of any money in the 
treasury not otherwise appropriated. 

Approved September 28, 1915. 


No. 818.) (H. 1476—Weakley. 

AN ACT 

To appropriate the sum of two hundred and fifty-five dollars to pay an 
amount due and owing by the State tax commission to Dewberry and 
Montgomery. 

Be it enacted by the Legislature of Alabama: 

That the sum of two hundred and fifty-five dollars, or so 
much thereof as may be necessary, be and the same is hereby ap¬ 
propriated out of any money in the treasury not otherwise ap¬ 
propriated, for the purpose of paying an account due and ow¬ 
ing by the State tax commission to Dewberry and Montgomery 
for supplies furnished by them to said State tax commission. 

Section 1. Provided, however, that the Governor, the attor¬ 
ney general, the State auditor, the State treasurer and the di¬ 
rector of the department of archives and history, shall be and 
constitute a commission whose duty it shall be to ascertain how 
much is due, and the said Governor shall, in writing, order the 
State auditor to draw his warrant upon the State treasurer for 
the amount ascertained to be due, and it shall be tlie duty of 
the State treasurer to pay said warrant out of any money in 
the treasury not otherwise appropriated. 

Approved September 28, 1915. 


No. 820.) (H. 1597—Brindley. 

AN ACT 

To regulate and prescribe the method of securing jury trials in civil causes 
at law and in misdemeanors, and to prescribe how such causes shall be 
tried without the intervention of a jury and reviewed. 

Be it enacted by the Legislature of Alabama : 

1. That in all civil causes at law in the circuit court the 
issue and question of fact shall be tried by the judge of the 
court without the intervention of a jury unless a jury trial be 
demanded in writing by the plaintiff at the commencement of the 
suit, or by the defendant or any other party occupying the posi¬ 
tion of defendant or claimant within thirty days after the per- 



940 


fection of service on him. If the plaintiff desires a trial by 
jury he shall endorse in writing his demand therefor on the sum¬ 
mons and complaint, the attachment or other process or paper 
filed by him for the purpose of instituting the suit, or by filing 
a separate written demand with the clerk of the court at the 
commencement of the suit. If the defendant or other person 
occupying the position of defendant or claimant desires a trial 
by jury he shall file a written demand therefor with the clerk of 
the court within thirty days after the perfection of service on 
him by endorsing such demand upon his initial pleading or by 
a separate written instrument. In all causes in the circuit 
court brought by appeal or certiorari from judgments of jus¬ 
tices of the peace or other inferior courts the issue and question 
of fact shall be tried by the judge of the court without the inter¬ 
vention of a jury unless a demand for a trial by jury be made in 
writing and filed in the cause by the party suing out the appeal 
or certiorari within ten days after suing out the same, or filed 
in the cause by the opposite party within ten days after he has 
been served with notice of the appeal or certiorari. The failure 
to demand in writing a jury trial as herein provided shall be 
deemed and held a waiver of the right of a trial by jury, and 
either party demanding a trial by jury shall not have the right 
to withdraw such demand without the consent of the opposite 
party. 

2. That in all misdemeanor causes in the circuit court, the 
issue and question of fact shall be tried by the judge of the court 
without the intervention of a jury except in causes where a 
trial by jury is demanded in writing by the defendant, and such 
written demand filed in the cause with the clerk of the court on 
or before the first sounding of the cause if the cause is sounded 
within thirty days after the defendant has been arrested or 
taken into custody after the finding of the indictment, or 
within thirty days after the defendant has appealed if the cause 
is brought to the circuit court by appeal, and if such cause is not 
sounded within thirty days after the defendant has appealed 
or been arrested or taken into custody after the finding of the 
indictment, then such written demand must be filed with the 
clerk within thirty days after the defendant has appealed or 
been arrested or taken into custody after the finding of the in¬ 
dictment, a failure to demand in writing a trial by jury as herein 
provided shall be held and deemed to be a waiver by the defend¬ 
ant of a trial by jury. 

3. That in the trial of any cause at law either civil or 
criminal in the circuit court by the judge of the court without 



941 


the intervention of a jury, either party to a civil cause or the 
defendant in a criminal cause may present for review by bill of 
exception the conclusions and judgment of the court on the 
evidence, and the court of appeals or the supreme court shall 
review the same without any presumption in favor of the court 
below, and if there be error shall render such judgment in the 
cause as the court below shall have rendered, or reverse and 
remand the same for further proceedings in the circuit court 
as the court of appeals or the supreme court may deem right. 

Approved September 28, 1915. 


No. 821.) 


AN ACT 


(H. 126—Blackwell. 


To authorize and regulate the granting of writs of certiorari. 

Be it enacted by the Legislature of Alabama : 

That chancellors, judges of circuit courts, city courts and 
courts of like jurisdiction as the circuit courts, shall have 
authority to grant writs of certiorari directed to recorders, jus¬ 
tices of the peace and judges of inferior courts in all cases 
where appeals lie from such recorder’s courts, inferior courts 
and justice courts to the circuit court and courts of like juris¬ 
diction, in like manner and with like effect as probate judges 
are now authorized to grant such writs to justices of the peace. 

Approved September 28, 1915. 


No. 823.) 


AN ACT 


H. 1607—Shapiro. 


To provide for the appointment of bailiffs of courts in all counties of the 
State of Alabama which have a population of one hundred and fifty 
thousand or more according to the last or any subsequent Federal cen¬ 
sus and to fix the compensation of such bailiffs. 

Be it enacted by the Legislature of Alabama: 

Section 1. That in all counties of the State of Alabama 
having a population of one hundred and fifty thousand or more 
according to the last or any subsequent Federal census the 
bailiffs of all courts of record in such counties shall be appoint¬ 
ed by the judges of such court. Each judge to appoint the bailiff 
or bailiffs, who act in the court over which such judge pre¬ 
sides and such bailiff to serve at the pleasure of the judge. 



942 


Sec. 2. Each such bailiff shall receive an annual salary of 
twelve hundred dollars (,$1,200.00) to be paid in monthly in¬ 
stallments out of the county treasury on the warrant of the 
judge appointing the bailiff in the same manner as the county 
officials are paid. 

Sec. 3. That such bailiffs shall serve all process issuing 
out of their respective divisions when required to do so by the 
judge of their respective division, and they are hereby author¬ 
ized to serve such process. 

Approved September 28,1915. 


No. 824.) (H. 1495—Hubbard. 

AN ACT 

To amend section 1196 of the Code of Alabama. 

Be it enacted by the Legislature of Alabama: 

Section 1. Section 1196 of the Code of Alabama be and the 
same is hereby amended so as to read as follows: “1196. In all 
cities, the council shall appropriate the sums necessary for the 
expenditures of the several city departments, for the interest on 
its bonded and other indebtedness, not exceeding in the aggre¬ 
gate within ten per centum of its estimated receipts, and such 
city council shall not appropriate in the aggregate an amount 
in excess of its annually legal authorized revenue. But nothing 
herein shall prevent such city from anticipating their revenues 
for the year for which such appropriation was made, or for con¬ 
tracting for temporary loans as herein provided, or from bond¬ 
ing or refunding their outstanding indebtedness, or from ap¬ 
propriating anticipated revenue at any time for the current ex¬ 
penses of the city, and interest on the bonded and other indebt¬ 
edness of the city.” 

Approved September 28, 1915. 


No. 826.) (H. 426—Grayson of Mobile. 

AN ACT 

Permitting husband and wife to testify for or against each other in criminal 
cases. 

Section 1. Be it enacted by the Legislature of Alabama, 
That from and after the passage and approval of this act, the 



943 


husband and wife may testify either for or against each other 
in criminal cases but shall not be compelled to do so. 

Approved September 28,1915. 


No. 827.) (H. 1059—Yarbrough. 

AN ACT 

For organizing the farm boys and girls of Alabama into corn clubs, pig 
clubs, canning clubs, poultry clubs, and any other kind of farm nle 
clubs for the purpose of encouraging, interesting, and instructing the 
farm boys and girls in better methods of agriculture, home-making, 
cooking, sewing, and gardening; to provide plans for carrying on this 
work, to make appropriations for these purposes, and to prescribe 
methods of drawing and spending same. 

Be it enacted by the Legislature of Alabama : 

Section 1. That from and after the passage of this act 
there shall be and there is hereby appropriated out of the State 
treasury any funds not otherwise appropriated the sum of $100 
annually for the years 1915,1916,1917 and 1918 for each county 
that raises $100 annually for each of the years named by an 
appropriation by the county board of revenue or county com¬ 
missioners or other body having similar jurisdiction in the coun¬ 
ty; the State fund of $100 to be available to a county when 
the State auditor receives a certified statement from the probate 
judge or president of the county board of revenue or county 
commissioners or other body having similar jurisdiction in the 
county showing that the county has made the appropriation of 
$100. The State and county funds herein provided are to be 
used for prizes and premiums and for otherwise encouraging 
and instructing the farm boys and girls in their club work. 

2. That the State funds appropriated by this act and the 
supplementary county funds as indicated in section 1 of this act 
shall be spent under the joint supervision of the State board of 
agriculture and the county board of revenue or county commis¬ 
sioners or other body having similar jurisdiction in the respec¬ 
tive counties. The professor of school agriculture of the Ala¬ 
bama Polytechnic Institute is hereby empowered and directed 
to make rules, recommendations and plans governing the vari¬ 
ous lines of club-work to be conducted under the provisions of 
this act; such plans, rules and recommendations are to be sub¬ 
mitted to the State board of agriculture and to the county board 
of revenue or county commissioners or other body having simi¬ 
lar jurisdiction in the respective counties for their approval or 



944 


rejection. The club work for boys in each county shall be under 
the general supervision of the county farm demonstration 
agent; the club work for girls in each county shall be under 
the supervision of the county canning club agent. 

3. That the State funds appropriated by this act shall be 
paid out upon warrants of the State auditor as other funds are 
paid out upon the certificate of the commissioner of agriculture 
and industries of the State of Alabama; the county funds shall 
be paid out as directed by the county board of revenue or county 
commissioners or other body having similar jurisdiction in the 
respective counties upon the certificate of the commissioner of 
agriculture and industries of the State of Alabama. 

4. That at the end of each calendar year the professor of 
school agriculture, of the Alabama Polytechnic Institute, shall 
make a full and complete report of all work done under this act 
to the commissioner of agriculture and industries, of the State 
of Alabama, and to the county board of revenue or county com¬ 
missioners, or other body having similar jurisdiction in the 
several counties. 

5. That all laws and parts of laws in conflict with this act 
or any part of this act are hereby repealed. 

Approved September 28, 1915. 


No. 828.) (H. J. R. 269—John. 

HOUSE JOINT RESOLUTION. 

To appoint a commission for the purpose of considering sum 
dry subjects of legislation to be submitted at the next session 
of the State Legislature: 

Be it resolved by the Legislature of Alabama: 

1. That a commission consisting of the Governor, chief 
justice of the Supreme Court, presiding judge of the Court of 
Appeals, the attorney general and the director of the depart¬ 
ment of archives and history is hereby appointed whose duty 
it shall be to make an investigation of the subjects of work¬ 
man’s compensation, registration and insurance of land titles, 
penitentiary and criminal administration, conservation of the 
natural resources of the State, and such other subjects as to 
the commission may be important. 

2. That the commission shall submit a report of its inves¬ 
tigation to the next ensuing regular session of the Legislature* 



945 


together with hills, so prepared as to carry into effect such 
recommendations. 

Adopted by the House September 25, 1915. 

Adopted by the Senate September 25, 1915. 


No. 829.) 


AN ACT 


(H. 211—Hogan. 


To provide for the disposition of the proceeds of the sale of all or any part 
of its property by a corporation organized under the laws of Alabama 
for educational purposes which has issued shares of stock and which 
has ceased to engage in the business for which it was organized. 


Be it enacted by the Legislature of Alabama: 

That when a corporation organized under the laws of Ala¬ 
bama for educational purposes, which corporation has issued 
shares of stock, whether or not the charter or laws of Alabama 
authorized the issue of stock, and which has ceased to engage in 
the business for which it was organized, has sold all or any 
part of its property the proceeds of such sale or sales remaining 
after the payment of all the debts of the corporation may be 
distributed pro rata among the holders of the stock issued and 
oustanding. 

Approved September 27,1915. 


No. 830.) 


(H. 1429—Chamberlain. 

AN ACT 


To authorize and empower the courts of county commissioners of the various 
counties of the State to make appropriations for the operation, support, 
upkeep, and maintenance of the naval militia of the State of Alabama. 

Section 1. Be it enacted by the Legislature of Alabama, 
That the court of county commissioners of each county of the 
State, by whatever name such court of county commissioners 
may be styled in any county, is hereby authorized and empow¬ 
ered to appropriate in each calendar year, beginning with the 
year 1915, such sum of money as they may deem proper or ex¬ 
pedient, toward defraying the necessary expense of the opera¬ 
tion, support, upkeep and maintenance of each division of the 
naval militia of the State that may be located in such county. 
Approved September 28,1915. 



946 


No. 831.) (H. 210—Hogan. 

AN ACT 

To authorize corporations organized under the laws of Alabama for educa¬ 
tional purposes to sell all or any part of their property, and to provide 
the method of conveying the same. 

Be it enacted by the Legislature of Alabama: 

That any corporation organized under the laws of Alabama, 
general or special, for educational purposes may sell all or any 
part of its property, real and personal, when such sale is author¬ 
ized by a vote of two-thirds of the acting trustees or other gov¬ 
erning body of such corporation expressed at a meeting called 
for the purpose of authorizing such sale. If such corporation 
has issued shares of stock, whether or not the charter or laws 
of the State authorized the issue of stock, such sale or sales 
shall also be authorized by the vote of the holders of three- 
fourths in value of the shares of stock issued and outstanding 
at a meeting called for such purpose. Provided, that ten days 
notice of the meeting of such trustees or other governing body 
and of the meeting of such stockholders shall be given in writ¬ 
ing prior thereto, which notice shall state the date and place 
of such meetings and the purpose for which the same are called. 
When the title to the property authorized to be sold stands in 
the name of the corporation the deed conveying the same shall 
be executed in the name of the corporation by the president 
or other executive head thereof; and when the title stands in the 
name of trustees the deed shall be executed in the names of the 
existing acting trustees or a majority thereof. 

Approved September 28, 1915. 


No. 832.) (S. 433—Key. 

AN ACT 

To amend an act to amend section sixty-nine hundred and sixty-four of the 
Criminal Code of 1907, said act, approved, April 20th, 1911. 

6964. Squirrels. Open and closed season as to. 

Be it enacted by the Legislature of Alabama, That said act 
be amended so as to read as follows: 

Sec. 1. Any person who shall pursue, injure, capture, kill 
or destroy any fox squirrel, black squirrel, or grey squirrel, 
except from August 1st, to the following January 1st, in each 
year, and except from May 15th to June 15th, when they may 



947 


be killed; or who shall pursue, injure, capture, or destroy any 
such squirrels at any time in any public or private park, or who 
shall kill more than ten squirrels in any one day, which is here¬ 
by declared to be the bag limit on squirrels during the season 
when they may be killed, shall be guilty of a misdemeanor, and 
on conviction, shall be punished by a fine of not less than five 
nor more than twenty-five dollars; provided, that any person 
may protect his premises from the ravages and depredations of 
these animals at any time and in any way. 

Approved September 28, 1915. 


No. 833.) (S. 363—McCain. 

AN ACT 

To provide for the sale of lands bought in by the State at tax sales and 
which, after the lapse of five years from such sale, have not been re¬ 
deemed by any person entitled thereto. 

Be it enacted by the Legislature of Alabama: 

Section 1. That when lands have been sold for taxes, and 
bought in by the State, and after the lapse of five years from 
such sale, no person entitled thereto has redeemed the same, the 
auditor, with the consent and approval of the Governor, may 
sell all the right, title and interest of the State in and to such 
lands at the best price obtainable, which price shall not be less 
than the sum for which the lands were bid in by the State. 

Sec. 2. All laws in conflict herewith are hereby repealed. 
Approved September 25,1915. 


No. 834.) (S. 328—Lusk. 

AN ACT 

To amend an act, entitled an act to provide a stenographer for the Su¬ 
preme Court reporter, to fix the salary of the same, and to make appro¬ 
priations to pay said salary. 

Be it enacted by the Legislature of Alabama: 

Section 1. That section 1 of the act to provide a stenogra¬ 
pher for the Supreme court reporter to fix a salary of same and 
make appropriations to pay such salary, be amended to read as 
follows: Section 1. A stenographer is hereby provided for the 
reporter of decisions for the Supreme and Appellate Courts, to 



948 


be appointed by the said reporter of decisions, whose sakiry 
shall be nine hundred dollars per year, payable monthly out of 
the State treasury, upon warrants drawn by the State auditor. 

Sec. 2. Be it further enacted, That section 2 of the said act 
be, and the same is hereby repealed. 

Approved September 27, 1915. 


No. 835.) (S, 872—Hill. 

AN ACT 

To require the State auditor to place upon the pension roll in appropriate 
class, all widows, of Confederate soldiers or sailors who are entitled to a 
pension under the general laws of the State, but who filed their applica¬ 
tion for a pension in the office of the judge of probate of the county 
instead of with the county board of pension examiners. 

Be it enacted by the Legislature of Alabama : 

Sec. 1. That the State auditor is hereby required and di¬ 
rected to place upon the pension roll the names of all widows 
of Confederate soldiers or sailors, who are entitled to a pension 
under the general laws of the State, and who, during the months 
of July and August, 1915, filed, in the office of the judge of 
probate in any county, their application for a pension, instead 
of with the county board of pension examiners of said county, 
upon the certificate of the judge of probate of any county, show¬ 
ing that proper proof has been submitted to him, and stating 
that in his opinion said widow is entitled to the relief under 
the general pension laws of the State, and that the application 
is in strict accordance with the law. 

Sec. 2. That the probate judge of any county shall file with 
the State auditor the application of any widow which has been 
filed in his office during the months of July and August, 1915. 

Sec. 3. That the State auditor is hereby required and di¬ 
rected to draw his warrant on the State treasurer for the quar¬ 
terly allowance due any such widow for the amount due her 
under appropriate classification, beginning with October 1st, 
1915, and for each quarter thereafter, and the State treasurer 
is hereby directed to pay such warrant. 

She. 4. All laws, or parts of laws in conflict with this act, 
be, and the same are hereby repealed. 

Approved September 29, 1915. 



949 


No. 140.) (H. J. R. 103—Morris. 

HOUSE JOINT RESOLUTION. 

Whereas, there has been widespread complaint in regard to 
the present method and amount of compensation, fees and sala¬ 
ries of county officials; and 

Whereas, there is a disposition on the part of the people of 
the State to procure relief by amendments to the Constitution, 
which are of a local nature; and 

Whereas, this Legislature has not had an opportunity to 
give the important question of compensation of county officials 
that attention which it deserves; and 

Whereas, the adjustment of salaries, fees and commissions 
so as to procure efficient service for the counties and people of 
the counties at and for a reasonable cost, and to prevent county 
officers from being too great and important is a long, difficult 
and tedious matter; 

Now, therefore, be it resolved by the House, the Senate con¬ 
curring, That the general recess committee of judiciary be di¬ 
rected to investigate the subject of county official compensa¬ 
tion, and to report a bill or bills of a general nature, which will 
afford a change from the present methods of compensation, and 
which will, in the judgment of such committee, afford reasona¬ 
ble and fair compensation for county officials. 

Passed by the House, the Senate concurring, Feb. 16, 1915. 


No. 165.) 


AN ACT 


(El. 257—Shapiro. 


To authorize and require the board of revenue of counties of 200,000 popu¬ 
lation or over, according to the last or any subsequent Federal census, 
to appoint and to fix the compensatoin of officers to enforce the pro¬ 
visions of the law for the prevention of cruelty to animals, and to con¬ 
fer upon said officers the powers of deputy sheriff. 

Be it enacted by the Legislature of Alabama : 

Section 1. That the board of revenue of counties of 200,000 
population or over, according to the last or any subsequent 
Federal census, shall have the power and it shall be its duty, to 
employ a suitable person or persons who shall be charged espe¬ 
cially with the duty of enforcing the laws for the prevention of 
cruelty to animals-, and to fix the compensation of such officer 
or officers, which compensation shall be paid in the same man- 



950 


ner as other salaries of county employees are now paid; such 
officer or officers upon taking oath that is required to be taken 
by deputy sheriffs, shall be vested with all powers now vested 
by law in deputy sheriffs. 

Sec. 2. All laws or parts of laws, general, local or special, 
in conflict with the provisions of this act are hereby repealed; 
but “An act to authorize counties to appoint and to fix the 
compensation of officers to enforce the provisions of law for the 
prevention of mielty to animals and the provisions of law for 
the prevention of cruelty to children and to confer upon said 
officers the power of deputy sheriffs,” approved March 11, 1911, 
is not hereby repealed. 

Approved Feby. 25, 1915. 



INTEREST LAWS AND STATUTES OF VARIOUS STATES OF THE UNION 


Interest Statutes of 

Laws. I Limitations. 


STATES AND TERRITORIES. 

Legal rate, 
per cent. 

Rate allowed by 
Contract, */. 

Judgments, 

years. 

Notes, 

years. 

Open Accts. 
years. 

1 

Alabama .. .. 1 

8 

8 

20 

6 

3 

Arkansas . 1 

6 

10 

7 

5 

2 

Arizona ..1 

7 

12 

4 

4 

3 

California . 

7 

* 

5 

4 

4 

Colorado .... 

8 

♦ 

10 

6 

6 

Connecticut .1 

6 

t 

t 

6 

6 

Delaware . ! 

6 


10 

6 

8 

District of Columbia .. I 

6 

10 

12 

3 

3 

Florida .. 

8 

10 

20 

5 

2 

Georgia . 

7 

8 

7 

6 

4 

Idrho . 

7 

12 

6 

5 

4 

Illinois ... 

5 

7 

20 

10 

5 

Indiana . . 

6 

8 

20 

10 

6 

Iowa . 

6 

8 

20 

10 

5 

Kansas . 

6 

10 

5 

5 


Kentucky . 

6 

6 

15 

15 

2 

Louisiana .. 

5 

8 

10 

5 

3 

Maine .. 

6 

* 

20 

6 

6 

Maryland . 

6 

6 

12 

12 

3 

Massachusetts .j 

6 

* 

20 

6 

6 

Michigan . 

5 

7 

10 

6 

G 

Minnesota .! 

6 

10 

6 

6 

** 

Mississippi . 

6 

10 

7 

6 

3 

Missouri . 

6 

8 

10 

10 

2 

Montana . 

8 

* 

10 

8 

5 

Nebraska ... 

7 

10 

5 

5 

4 

Nevada . 

7 

* 

6 

6 

4 

New Hampshire .. 

6 

6 

20 

6 

6 

New Jersey . 

6 

6 

20 

6 

6 

New Mexico .. 

6 

12 

7 

6 

4 

New York .. 

6 

6 I 

20 

6 

6 

North Carolina . 

6 

6 

10 

10 

3 

North Dakota . 

7 

12 

10 

6 

6 

Ohio . 

6 

8 

15 

15 

8 

Oklahoma . 

7 

12 

5 

5 

3 

Oregon .. 

6 

10 

10 

6 

6 

Pennsylvania . 

6 

6 

5 

6 

6 

Rhode Island . 

6 

* 

20 

6 

6 

South Carolina . 

7 

8 

20 

6 

6 

South Dakota . 

7 

12 

20 

6 

6 

Tennessee . 

6 

* 

10 

6 

6 

Texas . 

6 

10 

10 

4 

2 

Utah .. . . 

8 

12 

8 

6 

4 

Vermont .. 

6 

6 

8 

6 

6 

Virginia 

6 


10 

5 

2 

Washington . 

6 

12 

6 

6 

3 

West Virginia .. 

6 

te 

10 

10 

10 

Wisconsin . 

6 

10 

20 

6 

10 

Wyoming . 

8 

I 

12 

5 

5 

8 


♦Any rate ; tany rate, but only 6 per cent can be collected by law. 
$No law. **No limit. 
























































STATE DEPARTMENTS. 


Governor ..—Charles Henderson, of Troy. 

Lieutenant-Governor. —Thomas E. Kilby, of Anniston. 

Secretary of State. —John Purifoy, of Montgomery. 

State Auditor. —M. C. Allgood, of Cliepultepec. 

State Treasurer. —William L. Lancaster, of Wetumpka 

Attorney-General. —William L. Martin, of Montgomery. 

Supt. of Education. —William F. Feagin, of Gadsden. 

Com. of Agriculture and Industries .—J. A. Wade, of 
Alexander City. 

Adjutant General .—Col. G. J. Hubbard, of Troy. 

Railroad Commission. —S. P. Kennedy, Pres., of Annis¬ 
ton. 

Board of Inspectors of Convicts .■—P. J. Rogers, Pres., of 
Birmingham. 

State Board of Equalization. —Thomas W. Sims, Chair¬ 
man, of Mobile. 

State Health Officer. —Dr. William H. Sanders, of Mo¬ 
bile. 

State Game and Fish Commissioner. —J. H. Wallace, 
Jr., of Huntsville. 

Insurance Commissioner. —C. Brooks Smith, of Mont¬ 
gomery. 

State Prison Inspector. —Dr. William H. Oates, of Mo¬ 
bile. 

Supt. of Banks. —A. E. Walker, of Florence. 

State Highway Engineer. —William S. Keller, of Mont¬ 
gomery. 

Director, Dept, of Archives and History. —Thomas M. 
Owen, LL.D., of Montgomery. 

Chief Mine Inspector. —C. H. Nesbitt, of Birmingham. 

State Geologist. —Dr. Eugene A. Smith, of Tuscaloosa. 

State Chemist. —Dr. B. B. Ross, of Auburn. 

State Veterinarian. —Dr. C. A. Gary, of Auburn. 

State Horticulturist. —Prof. Ernest Walker, of Auburn. 

JUDICIAL. 

Chief Justice Supreme Court. —John C. Anderson, of 
Demopolis. 

Presiding Judge, Court of Appeals. —John Pelham, of 
Anniston. 

State and Supreme Court Librarian. —Junius M. Riggs? 
of Montgomery. 



INDEX 


ABSCONDING FELONS. 

Appropriation for arrest of-156, 936 

ABSTRACT COMPANIES. 

License tax-- 490 

ABSTRACTS OF TITLE. 

Court empowered to cause to be made for property ordered sold. 611 
ACADEMIES. 

Reports to be made by to State Superintendent of Education- 285 

ACCOUNTS. 

When sworn account admissible in evidence- 609 

ACTIONS. 

Discontinuance of - 605 

Regulation of practice in the disposition of cases improperly 

brought as suits in equity or in improper court- 830 

ACTS AMENDED. 

Banking department, March 2, 1911-88,868 

Canebrake Agricultural Experiment Station, April 7, 1911- 201 

Commercial feeding stuffs law, March 9, 1911- 767 

Commission form of municipal government, April 6, 1911- 52 

Commission form of government, April 8, 1911- 869 

Establishment of River Commission for Mobile river and branches, 

February 28, 1887_ 696 

Examiners of Public Accounts, August 25, 1909, amending sec. 

546 of Code_ 209 

General guardian ad litem, March 22, 1911- 260 

Government regulation and control of white normal schools, April 

18, 1911_ 846 

Granting or refusing motions for new trial, April 5, 1911- 722 

High schools, act of Aug. 26, 1909, empowering cities and towns 

to aid_- 203 

Insurance companies, act fixing amount of capital of and deposit 

with State Treasurer, Aug. 19, 1909- 132 

Insurance companies, certificates of authority to, April 24, 1911— 915 

Juvenile delinquents, August 25, 1909- 577 

License money, act of Aug. 25, 1909 amending sec. 2411 of Code, 

for refund of_ 120 

Market and farm produce law, March 5, 1915--- 777 

Municipal bond issues, elections on, Aug. 26, 1909- 110 

Mercy Home Industrial School for Girls, April 15, 1911- 345 

Official stenographer for 2nd judicial circuit, appointment of, Au¬ 
gust 9, 1907_ 641 

Open and closed season for squirrels, April 20, 1911- 946 

Ordinances of cities and towns, how kept and published, April 22, 

1911_ 73 o 

Practice in cases before Supreme Court and Court of Appeals 

where judgment of lower court is excessive, April 21, 1911— 610 





























952 


INDEX, 


ACTS AMENDED— Continued. 

Regulation of criminal proceedings before justice of the peace, 

August 2, 1915_ 918 

Regulation of sale giving away or other disposition of drugs, 

August 26, 1909_ 848 

Regulation of sale of cotton seed meal, November 22 , 1907_ 640 

Removal of administrations from probate to chancery court, 

April 21, 1911_ 738 

Tick eradication, sec. 11 of act of March 5, 1915_ 341 

ACTS REPEATED. 

Actuaries or public accountants_ 491 

Excise law _ 249 

Fuller bill, sec. 3, Aug. 25, 1909_ 38 

Governor’s mansion, appropriation for maintenance of, Feb. 11, 

1911_ 158 

Live Stock Sanitary Board, Aug. 20, 1909, amending sec. 770 of 

Code, exempting counties from jurisdiction of_ 121 , 133 

Oyster Commission, Aug. 27. 1909, and April 18, 1911 __ 149 

Parks bill, Feb. 21, 1911_ 7 

Public roads and highways, August 25, 1909_ 623 

Privilege tax, September 14, 1915, repealed_ 886 

Smith bill, April 6 , 1911_ 7 

Teachers’ certificates, Aug. 21, 1909_ 114 

ADAMS, J. Q. 

Appropriation for relief of_ 868 

ADDING MACHINE DEALERS. 

License tax _ 491 

ADJUTANT-GENERAL. 

Appointment, powers and duties of_ 746 

Appropriation for Assistant Adjutant-General_ 932 

Appropriation for salary of Adjutant-General_ 932 

Assistant Adjutant-General _ 747 

Bond required of Adjutant-General_ 117 

Chief clerk in office of to be bonded_ 117 

ADMINISTRATIONS. 

Removal of from probate to chancery court_ 738 

ADMINISTRATORS AND EXECUTORS. 

Regulation of settlement of accounts of deceased_ 138 

ADVERTISEMENTS. 

Flags of XT. S., the Confederacy, and the State not to be used in_ 346 
Liquor advertisements prohibited___27, 37 

ADVERTISEMENTS. 

Publication of untrue and misleading_ 339 

Regulation of political_254, 255 

Special commissioners appointed to visit Washington and pre¬ 
sent joint resolution to Alabama Senators and Representa¬ 
tives in Congress, to request their co-operation in securing 
legislation, prohibiting liquor advertisements in U. S. mails 83 

AGE. 

Limit in child labor law_ 193 

Registration of electors under twenty-one years of age, when 

allowed _ 246 

































INDEX. 


953 


AGRICULTURAL AND MECHANICAL COLLEGE. 

See Alabama Polytechnic Institute. 

AGRICULTURAL IMPLEMENT PEDDLERS. 

License tax - 526 

AGRICULTURAL SCHOOLS BOARD. 

Duty as to disbursing appropriation for repairs and improve¬ 
ments of 4th district agricultural school_ 379 

AGRICULTURE. 

Canebrake Agricultural Experiment Station_ 201 

AGRICULTURE AND HOME ECONOMICS. 

Instruction in _ 624 

AGRICULTURE AND INDUSTRIES COMMISSIONER. 

Appropriation for salary of_ 932 

Clerk may be appointed to administer markets and produce law 782 

Complaints and charges against produce dealers_ 778 

Duties as to enforcement of commercial feeding stuffs law_ 769 

Food, drug and feed clerk to be appointed by_ 769 

Jurisdiction of regulation of markets_ 782 

Member State Board of Registrars_ 239 

AGRICULTURE AND INDUSTRIES DEPARTMENT. 

Appropriation for salaries of commissioner, clerks and employees 932 

Bureau of Cotton Statistics records to be turned over to_76, 78 

Chief clerk in charge of pure food work to be bonded_ 118 

Immigration Commission records to be deposited with_ 81 

Immigration to be encouraged by_ 82 

Land registry to be compiled by_ 82 

License of produce dealers may be cancelled by_ 778 

Member Live Stock Sanitary Board__ 130 

Publication of State resources to be made by_ 81 

Regulation of Dealers in Farm Produce_ 162 

Report to be made to, on farm boys and girls clubs by Prof, of 

School Agriculture, A. P. I_ 944 

Salary of Miss Annie C. Fike to be paid from contingent fund of 740 

Salary of Emmet A. Jones to be paid from funds of_ 916 

Samples of fertilizers to be secured by_ 646 

ALABAMA BOYS INDUSTRIAL SCHOOL. 

Continuing appropriation for maintenance of_ 158 

ALABAMA GIRLS’ TECHNICAL INSTITUTE. 

Appropriation for interest on funds from sale of lands_157, 937 

Free Scholarship in, provided by the United Daughters of the 

Confederacy _ 140 

ALABAMA HOME OF REFUGE. 

See Training School for Girls. 

ALABAMA MACHINERY AND SUPPLY COMPANY. 

Appropriation for relief of_ 542 

ALABAMA NATIONAL GUARD. 

See National Guard. 

ALABAMA OYSTER COMMISSION. 

Abolished _ 149 

Appropriation for relief of_ 739 































954 


INDEX. 


ALABAMA POLYTECHNIC INSTITUTE. 

Appropriations for extension work in agriculture and home 

economics _ G24 

Appropriation for interest on bonds of_156, 936 

Authorized to receive grants of money under act of Congress 
May 8, 1914, providing for co-operative agricultural extension 

work _ 49 

Dean of college of veterinary science and professor of animal 

industry, members ex-officio of Live Stock Sanitary Board— 130 
Free Scholarship in, provided by the United Daughters of the 

Confederacy _ 140 

Hog cholera serum laboratory established at_ 104 

School of agriculture in charge of farm boys and girls club work 943 

ALABAMA ROOM IN CONFEDERATE MUSEUM . 

Appropriation to maintain_ 885 

ALABAMA, TENNESSEE AND NORTHERN RAILWAY. 

Two and three per cent fund appropriated to_ 340 

ALCOHOLIC LIQUORS. 

See Liquors. 

ALL TIME HEALTH OFFICERS. 

Salaries of _ 788 

AMENDMENTS. 

Appropriation for publishing proclamations, 1912_ 142 

Biennial sessions of legislature proposed_ 715 

Birmingham tax rate proposed to be raised_ 674 

Date for election on Constitutional amendments for bond issue- 630 
Expenses for publishing Governor’s proclamation to be paid by 
county or municipality, where proposed amendment relates 

. only to such sub-division_ 278 

Issuance of bonds to retire floating debt of State_ 259 

Local taxation for public schools_ 107 

Montgomery county officials to be placed on salary basis_ 211 

Notice, time and procedure for holding elections on proposed 

amendments to Constitution_i_ 602 

Preference to holders of certain securities, to strike out sec. 250 

providing for_ 289 

Selma tax rate proposed to be enlarged_ 337 

Warrants to be drawn in payment of publication of proclama¬ 
tions of Governor on Constitutional amendments_ 723 

AMUSEMENTS PARKS. 

License tax _ 491 

ANCIENT FORTS AND GRAVES. 

Preservation of regulated_ 728 

ANGLIN, MRS. MARY. 

Appropriation for relief of_ 613 

ANIMALS 

Bodies of to be burned or buried___ 724 

Bulls more than twelve months of age prohibited from running at 

large _ 268 

Cruelty to. counties given authority to appoint persons to enforce 

laws in reference to_ 949 

Introduction of elk into State_ 139 

Tick eradication_204, 341 






























INDEX. 


955 


ANTI-ADVEKTISEMENT UW (LIQUOR). 

To prevent advertisements of liquors_ 37 

ANTI-SHIPPING LAW (LIQUOR). 

To further suppress the evils of intemperance_ 553 

To prevent shipments of liquors into this State_ 39 

ANTIQUITIES. 

Preservation of regulated_ 728 

APPEALS. 

Civil cases at law without a trial by jury___ 824 

Copies of record in cases taken to Supreme Court or Court of 
Appeals to be kept in office of clerks of courts from which 

appeal is taken_ 337 

Practice in cases where judgment of lower court is excessive_ 610 

Regulation of, to Supreme Court and Court of Appeals_ 711 

APPEALS, COURT OF. 

Appropriation for salaries of judges of_ 933 

Appropriation for salary of clerk of_ 934 

Appropriation for salary of secretary to_ 934 

Clerk to certify copy of opinion to clerk of lower court_ 606 

Decisions, when published_ 595 

Opinions, when not to be written_ 595 

Practice in cases where judgment of lower court is excessive_ 610 

Presiding judge of, a member of commission to consider sundry 

subjects of legislation_ 944 

Regulation of appeals to_ 711 

Review of appeals in civil cases which have been tried without 

jury - 824 

Right and manner of taking appeals to, regulated_ 711 

Submission of cases_'_ 711 

Time in which appeals may be taken_ 711 

Terms of_ 816 

Time in which returned and when to stand for trial_ 356 

Transcripts of records and manuscript opinion to be hound and 

lettered __ 725 

APPROPRIATIONS. 

Alabama Boys’ Industrial School, continuing appropriation- 158 

Alabama Home of Refuge_167, 897 

Alabama Machinery and Supply Company, for relief of_ 542 

Alabama room in Confederate Museum at Richmond_ 885 

Allen, Frank L., for relief of_ 627 

Anglin, Mrs. May, for relief of_ 613 

Appropriation in favor of counties levying and collecting one 

mill county school tax_ 730 

Beach. J. M., Sr., and others, for relief of- 629 

Bradley, John G., for relief of_ 637 


XJluvv.il i iiuuug uumpanjf, iui icnci ui-ww, uw 

Certificate of indebtedness of State, 1911, 1912, 1913 and 1914, and 

for payment of interest on temporary loans.!- 78 

Clerk to administer produce law, for salary of- 782 

Collins, Irby, for relief of- 645 

Confederate Soldiers Home, for relief of treasurer of- 742 

Constitutional amendments, payment for publication of proclama¬ 
tions of Governor on Constitutional amendments- 723 

Continuing appropriations after expiration of quadrennial period 

in general appropriation act- 938 








































956 


INDEX. 


APPROPRIATIONS— Continued. 

County commissioners authorized to make for construction of 

dipping vats_ 342 

Cromer, J. D., for relief of_ 623 

Cum bee, R. A. J., for relief of_ 540 

Dewberry and Montgomery, for relief of_ 939 

Eliasberg and Bros. Mercantile Co., for relief of_ 856 

Emergency appropriations_ 938 

Endowment fund of University of Alabama, reimbursed_ 380 

Executive departments, appropriations for_ 929 

Extension work in agriculture and home economics_ 624 

Farm life, improving conditions in_ 943 

Feeding prisoners_157, 358. 937 

Fike, Miss Annie C., for unpaid salary of_ 740 

Finance and Taxation Committee, expenses of_49, 326 

Folmer, T. R., for relief of_ 638 

Food, drug and feed clerk, appropriation for salary of_ 769 

Forrester, J. A. and B. S., appropriation for the relief of chil¬ 
dren of - 644 

Fourth district agricultural school, for repairs and improvements 379 

Gibson, Mrs. R. E., for relief of_ 617 

Governor reimbursed for expenses in repairs and refurnishing 

of mansion _ 350 

Governor’s mansion, repairs and improvements_ 158 

Green. T. G., appropriation for the relief of_ 614 

Hog cholera serum laboratory, establishment of_ 104 

Howell. Mrs. Margaret L., for relief of_ 618 

Huey, Rose, for relief of_ 572 

Industrial school for white blind men_ 922 

Joint recess committee on judiciary, and on finance and taxation, 

expenses and clerical force_ 49 

Judicial Department_ 933 

Judiciary Committee, the Joint, expenses of to be paid_ 343 

Kennedy Company, for relief of_ 543 

Legislative Department_ 936 

Legislative expenses_130, 264, 358, 936 

Legislative Investigating Committee, expenses of_208, 325 

Legislature, for relief of officers of_ 867 

Live stock Sanitary Board, expenses_ 130 

Loeb Hardware Company, for relief of_ 544 

Loveman. Joseph and Loeb. for relief of_ 938 

McIntyre. Miss Mary, for relief of_ 540 

Markets Bureau, expenses of_ 166 

Marshall and Bruce Company, for relief of_ 741 

Martin. R. M„ for relief of_ 628 

Mayfield’s Digest, for purchase of vol. 7_ 204 

Mercantile Paper Company, for relief of_ 545 

Mercy Home Industrial School for Girls at Birmingham, mainte- 

tenance of _ 345 

Mickle, H. M., for relief of_ 642 

Miscellaneous appropriations_ 936 

Montgomery Light and Water Power Company, for relief of_ 546 

National Guard, expense of encampments_ 206 

National Guard, for transportation of_ 766 

Ordinary expenses of the executive, legislative and judicial de¬ 
departments of the State_153, 929 

Oyster Commission, to meet unpaid salaries of_ 739 

Palmer, Thomas T., for relief of_ 881 

Publication of proclamtions of Governor on proposed Constitu¬ 
tional amendment of 1912_ 142 


















































INDEX. 


957 


APPROPRIATIONS— Continued. 

Reeves. J. L., for relief of_ 913 

Remington Typewriter Company, for relief of- 911 

Salary of purchasing agent_ 808 

Shackelford, J. E., for relief of_ 743 

Solicitors, salaries of_ 819 

Southern Typewriter Exchange, for relief of_ 634 

Sparks, M., for relief of_ 620 

Special counsel, for relief of_ 879 

Staff of Governor, expenses reimbursed while in attendance on 

inauguration of President Wilson_ 814 

Standard Chemical and Oil Company, for relief of_ 626 

State Pasteur Institute rent_ 539 

Stenographer to Supreme Court Reporter_ 947 

Strickland, Mrs. S. A., for relief of_ 833 

Tax Commission of State, for relief of_ 910 

Teachers Institutes, expenses of_ 731 

Teague and Sons, for relief of_ 558 

Tick eradication, in aid of_ 204 

Training School for Girls, maintenance of_167, 897 

Two and three per cent funds appropriated to Alabama, Tennes¬ 
see and Northern Railway, and to Montgomery and Chatta¬ 
nooga Railroad Co_____ 340 

United Confederate Veterans, for expenses of annual reunions— 728 

University of Alabama, endowment fund re-imbursed_ 380 

Western Union Telegraph Company, for relief of_ 625 

Woodson, Mrs. L. A., for relief of_ 648 

ARCHITECTS. 

License tax_ 491 

ARCHIVES AND HISTORY DEPARTMENT. 

Appropriation for ordinary expenses and conduct of- 933 

Appropriation for stenographer in office of- 931 

Commended by joint resolution- 917 

Dental examination papers to be filed with- 332 

Director ex-officio a member of Commission to consider sundry 

subjects of legislation_ 944 

Director ex-officio a member of Confederate Pension Board_ 886 

. Exchanges, official documents to be printed for- 738 

Libraries to make report to_ 745 

Non-current records of State offices and departments to be placed 

in custody of_ 288 

Objects of antiquity found in State to be deposited with_ 729 

Officers of, commended by joint resolution- 917 

Official publications to be printed and supplied to, for exchange 

purposes _ 738 

ARCHIVES OF STATE AND COUNTIES. 

Accurate keeping and safe preservation of provided_ 287 

Care to be exercised in preservation of books and records_287, 288 

County records to be placed in office of Probate Judge when not 

in current use_ 288 

Officers, duties of in contracting for records and office supplies_ 287 

Records not current to be placed in the custody of the Archives 

and History Department-.- 288 

Uniformity of size and style of books, documents and files re¬ 
quired - 287 

ARSON. 

Definition of, in the 2nd degree, and punishment- 136 












































dob 


INDEX. 


ASSESSMENTS. 

Taxation _ 389 

ATTACHMENT. 

Suits on bonds of_ 880 

ATTORNEY-GENERAL. 

Appropriation for repairs and improvements in office of_ 931 

Appropriation for salary of_ 931 

Assistant Attorney-General to be bonded_ 117 

Assistant Attorneys-General, authority of_ 721 

Authority and duties of Attorney-General_ 719 

Certificate by as to proof of adverse possession of 16th section 

lands - 719 

Clerical assistance in office of_ 721 

Compensation of assistants in office of_721, 931 

Duty as to State training school for girls_ 897 

Expenses of office of_ 721 

Member of Commission to consider sundry subjects of legislation 944 

Member ex-officio of Confederate pension board_ 886 

Special assistants to_719, 720 

Solicitors, advice or instruction to be given to_ 720 

ATTORNEYS. 

Appropriation for payment of, for services under contract with 

Gov. O’Neal_ 879 

License tax_ 510 

Proceedings to disbar, when to be begun_ 928 

Proceedings for suspension or removal of by State Bar Associa¬ 
tion, security for costs not required in such cases_ 313 

AUCTIONEERS. 

Defined _ 490 

License tax_ 491 

AUDITOR, THE STATE. 

Alabama Boys’ Industrial School, appropriation for_ 159 

Alabama Home of Refuge, appropriation for_167, 897 

Appropriation for salary of_ 930 

Blanks in connection with Confederate pensions to be supplied 

probate judges_ 891 

Board of purchase, member of_ 371 

Chief clerk and warrant clerk in office of to be bonded_ 116 

Compensation of clerks and employees in office of_ 930 

Confederate pension records, to be prepared by_ 891 

Confederate pensioners, reinstatement of_ 144 

Confederate pensioners, abstract of_ 891 

Deputy Confederate Pension Commissioner, salary of_887, 930 

Duty as to certificate of adverse possession of sixteenth section 

lands_ 719 

Duty as to payment of expenses of Finance and Taxation Com¬ 
mittee - 326 

Duty as to payment of warrants on appropriations for farm work 944 
Duty in drawing warrant for relief of J. M. Beach, Sr., and 

others _ 529 

Duty in the matter of issuing bonds for payment of State debt— 616 
Duty in the payment of the appropriation for Mrs. R. E. Gibson 617 
Duty in the payment of appropriation for the relief of Mrs. 

Margaret L. Howell_ 618 

Duty to issue warrant in favor of Reuben A. J. Cumbee_ 540 








































INDEX. 


959 


AUDITOR, THE STATE —Continued. 

Duty to pay warrant for relief of J. F. Cromer, a Confederate 

soldier _ 623 

Expenditures of State for 1911, 1912, 1913 and 1914 to be tabu¬ 
lated for Legislature by_ 36 

Expenses for advertising Governor’s proelamtion for Constitu¬ 
tional amendment affecting cities and towns, certified by— 278 

Interest on State warrants, duty as to payment of- 314 

Land agent, or clerk, in office of- 217 

Land book of land sold for taxes to be kept by- 479 

Legislative expenses- 130 

Member State Board of registrars- 239 

Official guarantee bonds to be filed with- 118 

Payment of newspapers for publishing Governor’s proclamation, 

1912 _ 142 

Prison Inspector, duty to pay for service in enforcing child labor 

law _ 200 

Restoration of Confederate pensioners to rolls, when- 894 

Rural school house appropriation, duty as to- 698 

Scholarships provided by United Daughters of the Confederacy- 141 

Taxation, general duties as to- 482 

Warrant to be drawn for reimbursement of University of Ala¬ 
bama endowment fund--— 381 

Warrant to be drawn in payment of publication of proclamations 

of Governor on Constitutional amendments- 723 

Warrant to be drawn by for expenses of Joint Judiciary Com¬ 
mittee _ 343 

When may dispose of tax lands-1- 947 

Widows of Confederate soldiers and sailors, classification of— 131 

AUTOMOBILE DEALERS. 

License tax- 494 

AUTOMOBILE GARAGES. 

License tax_ 494 

AUTOMOBILE OR MOTOR CARS. 

License tax_ 491 

BAGGAGE. 

Excess baggage, charge on_ 710 

Immigrant baggage_ 710 

Storage and charges on regulated- 710 

BAGGAGE TRANSFER BUSINESS. 

License tax_ 526 

BAILIFFS. 

Appointment and fees of_ 707 

Appointment of, in circuits of only one county, and having four 

or more judges_ 878 

Appointment of, in counties having one hundred and fifty thou¬ 
sand population or more_ 941 

BALDWIN COUNTY. 

Election of court of county commissioners in- 381 

Members of court of county commissioners in may succeed 

themselves _ 912 
































960 


INDEX. 


BANKING DEPARTMENT. 

Act creating, amended_ 88 

Appropriation for salary of Superintendent of_ 933 

Appropriations for salaries of Bank Examiners_ 933 

Confidential information and facts as to business and affairs of 

banks, when may be disclosed_ 869 

Expenses of Banking Department, appropriation for_ 933 

BANKRUPT, INSOLVENT FIRE SALES. 

License tax_ 503 

BANKS. 

Banking Department act amended_ 88 

County depositories_ 348 

State Banks may be converted into National Banks_ 77 

State banks, savings banks and trust companies in Alabama may 

become member of Federal reserve system_ 883 

Taxation of_ 393 

BAR ASSOCIATION, THE ALABAMA STATE. 

Security for costs not required for prosecutions instituted by___ 313 

BARRY, MRS. A. O. 

Appropriation for relief of_ 868 

BASE BALL PARKS. 

License tax_ 494 

BEACH, J. M., SR., AND OTHERS. 

Appropriation for relief of_ 629 

BEAT MEETINGS. 

Time and place for holding_ 622 

BICYCLE DEALERS. 

License tax_ 495 

BIENNIAL SESSIONS OF THE LEGISLATURE. 

Constitutional amendment for proposed_ 715 

BINDING. 

Appropriations for _ 937 

Reports of Supreme Court, Court of Appeals,'and acts and jour¬ 
nals of the Legislature_ 742 

Transcripts of records and manuscript opinions of Supreme 

Court and Appeals Court to be bound and lettered_ 725 

BILLBOARDS. 

License tax_ 495 

BILLIARD TABLES. 

License tax_ 495 

BILLS OF EXCEPTIONS. 

When established before judge of Supreme Court_ 816 

BIRDS. 

Those not protected by game and fish laws_ 323 



























INDEX. 


961 


BIRMINGHAM. 

Electric light plants, regulation of in cities of more than 100,000 

population_ 296 

Firemen’s pension and relief board may be organized in cities 

having a population of ; as much as 100,000 _ 898 

Organization, government and regulation of cities of one hundred 

thousand population_ 294 

Tax rate in, proposed to be raised by Constitutional amendment 674 

BLIND, INDUSTRIAL SCHOOL FOR WHITE MEN. 

Established_ 920 

BOARD OF DENTAL EXAMINERS. 

See Dentistry. 

BOARD OF NURSES EXAMINERS. 

See Nurses. 

BOARD OF PUBLIC SAFETY. 

Provided under Commission form of Government_ 73 

BOARDING HOUSES. 

Liens of regulated_ 265 

Obtaining food or lodging from, by fraud or misrepresentation_ 152 

BOARDS OF EDUCATION. 

Rights and powers under commission form of government_ 56 

BOARDS OF STATE. 

Executive or secret meetings of, prohibited_ 314 

BONDED DEBT OF STATE. 

Appropriation for interest on_ 157 } 936 

BONDING COMPANIES. 

License tax_ 495 

BONDS. 

Cities of 50,000 and not less than 100,000 population may issue 

bonds for railroad terminals_ 309 

BONDS. 

Cities of 50,000 to 100,000 population may issue for purchase of 

water terminals_ 293 

BONDS. 

Counties authorized to refund indebtedness and to issue new 

bonds_ g 4 

BONDS. 

Exoneration of sureties on appeal or appearance bonds in mu¬ 
nicipal courts__ 139 

BONDS. 

Floating debt of State to be paid by issuance of_ 615 

BONDS. 

Guarantee bonds required of State officials_ 115 

Joint Committee appointed to ascertain whether State officials 

have complied with law requiring official bonds_ 37 


31 GA 




















962 


INDEX. 


BONDS. 

Injunction bonds to abate liquor nuisauce not required 
BONDS. 

Municipal bonds authorized- 

BONDS. 

Required of dealers in farm produce- 

BOTTLING WORKS. 

License tax - 

BOWLING ALLEYS. 

License tax- 


15 

110 

162 

495 

496 


BRADLEY, JOHN G. 

Appropriation for relief of. 

BREWER. 

Defined _ 

BRIDGE CONTRACTORS. 

License tax _ 


BRIDGES. 

Regulation of payment for erection of bridges, ferries or cause¬ 
ways on lines between counties- 

Special tax for- 


BROWN, CYRUS B. 

Appropriation for relief of. 

BROWN PRINTING COMPANY. 
Appropriation for relief of__ 


__ 868 
.636, 643 


BRYCE HOSPITAL. 

See Insane Hospitals. 

BRYCE HOSPITAL TRAINING SCHOOL FOR NURSES. 
Graduates from exempt from examination as nurse__ 


BUDGET. 

Authorized for cities of 100,000 population 


BUILDING AND LOAN ASSOCIATIONS. 

License tax - 

Taxation of capital stock of- 


BUILDINGS. 

Occupied by tuberculosis patients to be disinfected 


320 


496 

877 

376 


BULLS. 

More than twelve months of age prohibited from running 
large - 


at 


268 


BUREAU OF COTTON STATISTICS. 
Abolished —-- 


BUZZARDS. 

Game laws of State do not protect. 


323 























INDEX. 


963 


CAFE. 

License tax_ 52i 

CALHOUN COUNTY. 

Appropriation for salary of county solicitor of_ 935 

CANDIDATES. 

Fees not to be assessed against by political party committees_ 723 

Corrupt practices act_ 250 

CANE OR KNIFE RACK. 

License tax_ 5 qq 

CANEBRAIvE AGRICULTURAL EXPERIMENT STATION. 

Appointment of board of control_ 201 

CANNING CLUBS. 

Regulations for the organization of_ 943 

CANVASSERS. 

License tax_ 52G 

CAPITOL. 

Fuel, light and water for use in_ 937 

Insurance on_15^ 93^ 

Repairing and refurnishing_157’ 937 

CARBON PAPERS. 

Best quality of to be used in public records_ 287 

CARNAL KNOWLEDGE. 

Defined, and punishment fixed_ 337 

CARS, NOT OTHERWISE LISTED FOR TAXATION. 

License tax_ 521 

CARTOONS. 

Used in political campaigns_ 254 

CASH REGISTER DEALERS. 

License tax_ 494 

CATTLE TICK ERADICATION. 

Penalty for injury to dipping vats, or for destruction of_ 880 

Warrants drawn for, declared valid_ 559 

CERTIFICATES OF INDEBTEDNESS, STATE. 

Appropriation for payment of_ 78 

CERTIFICATES OR TRADING STAMPS. 

License tax_ 525 

CERTIORARI. 

Writs of, authorized and regulated_ 941 

CENSUS. 

School census to be provided for by county board of education... 284 
CHANCELLORS. 

Appropriations for salaries of_ 934 
























964 


INDEX. 


CHANCERY COURT. 

Appeals from interlocutory decrees-- 

Final decrees not to be opened or set aside after lapse of 30 

days from rendition--—---- 

Jurisdiction to determine fact of consolidation of corporations— 

Powers of conferred upon Circuit Courts-- 

Provisions for taking testimony orally in open court in equity 

cases - 

Regulations of amendments to bills and answers in equity causes 
Rule 1, court declared always open for transaction of business— 


137 

135 

377 

608 

705 

706 
135 


CHARGES. 

Exceptions to rulings on charges- 

General charges to be in writing- 

Regulation of charges to be given by court. 


815 

816 
815 


CHECKS. . , + . . 

Giving or obtaining money under or by virtue of, with intent to 

defraud _ 319 


CHIEF CLERKS. 

Appropriations for salaries of in executive offices 


CHIEF EXAMINER OF PUBLIC ACCOUNTS. 

See Examiners of Public Accounts. 

Member ex-officio of Confederate Pension Board 


930 


886 


CHIEF JUSTICE. 

Appropriation for salary of- 

Appropriation for salary of clerk to- 

Authority of not abridged, by act regulating office of attorney- 

general _ 

Clerk or secretary to be appointed by- 

Judges, chief justice may order to hold terms of courts- 

Member ex-officio of Commission to consider sundry subjects of 

legislation - 

Penalties for failure of judges and solicitors to obey orders of 

chief justice- 

Reports to be made to. by clerks and registers- 

Reports to be tabulated in office of- 

Rotation of judges- 

Solicitors, chief justice may order to attend courts- 

Special terms of courts may be ordered by- 

Supervision of courts of the State- 


933 

934 

720 

592 

593 

944 

594 
590 

592 
594 

593 
592 
592 


CHILD LABOR. 

Age certificate-— 

Age limit fixed- 

Badge to be worn- 

Dangerous occupations defined- 

Definition of terms- 

Employment certificates- 

Employment of minor children regulated- 

Expenses of inspector in enforcement of law- 

Hours of service to be posted- 

Inspector, duties of- 

Messenger service regulated- 

News boys, work of regulated- 

Occupations, service in which prohibited- 

Police and peace officers, duties as to enforcement of law 


195 
194 
197 

194 
200 

196 
193 
200 

193 

195 

194 

197 
194 

198 








































INDEX. 


965 


CHILD LABOR— Continued. 

Punishment for violation of law_197, 198, 199 

School attendance_ 196 

Sanitation of building in which children are employed_ 199 

Unconstitutionality of part of act not to affect remainder_ 200 

CHILD OR CHILDREN. 

See also Child Labor. 

Allowances for support of children by counties in cases of de¬ 
sertion _ 561 

Desertion of by father_ 560 

Juvenile delinquents_ 577 

Probation officers_563, 565 

Protection of_577-589 

When may be committed to jail_ 588 

CHOCTAW COUNTY. 

Payment and regulation of witness fees in counties having not 

exceeding 18,700 and not less than 18.300 population_ 884 

CHOICE. 

First and second, in primary elections_ 221 , 222 , 225 

CHURN PEDDLERS. 

License tax_ 527 

CIDER DEALERS. 

License tax_ 496 

CIGARETTE AND CIGARETTE PAPER DEALERS. 

License tax_ 496 

CIRCUIT CLERKS. 

Deputy circuit clerks, provisions made for the election of_ 741 

CIRCUIT COURTS. 

Certiorari writs may be granted by_ 941 

Chancery jurisdiction conferred upon_598, 608 

Consolidation of Chancery and City Courts with_ 279 

Court facilities to be provided by sheriff and court of county 

commissioners _ 593 

Dates for holding in 6 th judicial circuit_ 135 

Deputy circuit clerks, when to be elected_ 742 

Executions, when may be issued_ 708 

Expenses of judges and solicitors to be paid_ I_I 593 

Further regulation of proceedings in_ 707 

Judges to charge grand juries to investigate violations of law 

requiring installation of electric or power headlights_ 258 

Jury trials in, regulated for civil cases and misdemeanors_ 939 

Peremptory call of docket_ 708 

Proceedings in_ 279 

Provided for each county in the State_ 279 

Removal of cases to_ 280 

Solicitors for provided_ 817 

Terms of, when to remain open_ 707 

Thirteenth circuit, time and place of holding in_ 352 

Trial by jury in, regulated_ 939 

Tweflth circuit, time and place of holding court in_ 611 

Twentieth judicial circuit established_ 620 









































966 


INDEX. 


CIRCUIT JUDGES. 

Appropriation for salaries of- 934 

Bail, duties as to_ 812 

Bailiffs may be appointed by, when-707, 878, 941 

Chief justice may be called on by for relief- 812 

Compensation of_ 716 

Court reporters to be appointed by- 859 

Divisions of Circuit Court- 813 

Docket, when to call-811, 812, 813 

Grand juries empanneled by- 812 

Municipal appeals_ 812 

Officers of court under control of_ 812 

Preferred cases before- 813 

Qualifications, number, duties and powers regulated- 809 

Qualifications of judges in primaries_ 812 

Register to be appointed by_ 811 

Supplementary salaries may be paid to by counties having more 

than 50,000 and less than 75,000 population_ 876 

CIRCUIT SOLICITORS. 

Appropriations for salaries of_ 935 

Compensation of_ 716 

CIRCUS PROPRIETORS. 

License tax_ 497 

CITIES AND TOWNS. 

Act of April 8, 1911, providing commission form of government in 

certain cities and towns, amended_ 869 

Authority over expenditures_ 942 

Boards of education of_ 559 

Cities of 50,000 and not less than 100,000 population may acquire 

and operate a line or lines of terminal railroads_ 307 

Cities of population not less than 50,000 nor more than 100,000 
may acquire and operate water terminals, fix charges, and 

issue bonds for_ 290 

City Health Officer may abate nuisances_ 854 

Commission form of municipal government act, April 6, 1911, 

amended _ 52 

Commission form of government may be abandoned_ 771 

Contracts, right to regulate_ 320 

Duties of health officers to have premises occupied by tubercu¬ 
losis patients disinfected_ 376 

Election for municipal bonds_ 556 

Excise duties performed by governing bodies of_ 249 

Executive or secret meetings of governing bodies of prohibited-_ 314 

Exempted from operations of dog law, where license tag is 

required_ 259 

Expenditures under control of council or other governing au¬ 
thority _ 942 

Expenses for publishing Governor’s proclamation to be paid by 
county or municipality, where proposed amendment relates 

only to such subdivision _ 278 

Farmers or others engaged in production of farm products may 

sell same in, without license_ 846 

Fines and punishments for offenses against_ 724 

Fireman’s pension and relief board may be organized in cities 

having a population as much as 100,000_1_ 898 

Franchise published at expense of party to whom granted_ 736 

Health officers, duties of_ 657 










































INDEX. 907 

CITIES AND TOWNS— Continued. 

High Schools, aid in behalf of_ 204 

Inferior Courts regulated in cities having more than 35,000 

population _ 825 

Markets, regulation of_ 619 

Mayor may remit fines and commute sentences_ 734 

Monthly record to be printed_ 805 

Municipal bond issues, act approved Aug. 26, 1909, amended_ 110 

Municipal improvements_ 566 

Nuisances may be abated by city health officer_ 854 

Officials of, may be impeached and removed_ 320 

Officials of prohibited from serving as election officers_ 202 

Ordinances of, how to be kept and published_ 735 

Organization, government and regulation of cities of 100,000 

population _ 294 

Powers of_ 203 

Public highway, east and west, and one north and south, through 
counties of 200,000 population, to be maintained by the 

county in which such city is located_ 106 

Receipts, expenses and proceedings to be printed by Commissions 

monthly _ 70 

Recorders, fines and punishments by_ 724 

Regulation for determining when property of public utilities 

may be sold or leased_ 269 

Regulation or abatement of nuisances caused by manufacturing 

or industrial plants_ 744 

Right to regulate source of water supply_ 735 

Street, alleys, avenues or public places of, not to be used for 
construction or operation of public utility, or private enter¬ 
prise, without consent of authorities_ 270 

Viaducts and subways, construction of regulated by_207, 210 

Women may serve on boards of education of_ 51 

CITIES AND TOWNS OF 100,000 POPULATION. 

Appeals from assessment against abutting property_ 300 

Appeals from recorder’s court_ 302 

Assessment for abutting improvements_299, 300 

Auditoriums may be built by_ 296 

Buildings in, may be condemned if unsafe_1_ 302 

Budget to be adopted and published annually_ 320 

Claims against _ 297 

Commission government for_ 789 

Commissions, when elected_ 286 

Dairy inspection_304, 305, 306 

Dedication of streets and alleys_ 298 

Election commission created for_ 322 

Election of commissioners in_ 877 

Eminent domain, power as to_ 298 

Expenditures in excess of revenues collected prohibited_ 320 

Extraordinary expenses of authorized_ 320 

Fiscal year of defined_ 321 

Health, duties as to public_ 296 

Judgments on appeals from recorder’s courts_303, 304 

Laws and ordinances may be codified_.1_ 297 

Liability for personal injuries_ 298 

Licenses in may be graded or classified, according to location of 

business or occupation_ 336 

Liens for public improvements_-_ 302 

Limitation of prosecutions in recorder’s court_ 302 

Maps or plats may be annulled____ 299 

















































968 


INDEX. 


CITIES AND TOWNS OF 100,000 POPULATION— Continued. 


Officials, duty of as to budget and expenditures- 320 

Organization, government and regulation of- 294 

Powers and duties of election commission_ 322 

Powers as to public utilities_295, 296 

Storm sewers may be constructed_ 299 

Suits against- 298 

CITY COURTS. 

Appropriations for salaries of solicitors of- 935 

Appropriations for the salary of- 935 

CIVIL, ELECTRICAL, MINING OR MECHANICAL ENGINEERS. 

License tax_ 501 

CLAIMS. 

Provision for the payment of equitable claim against counties— 704 

CLAIMS COMMISSION. CLAIMS TO BE CONSIDERED BY: 

Alabama Machinery and Supply Company- 542 

Allen, Frank L- 627 

Bradley, John G-_- 637 

Brown Printing Company—-636, 643 

Collins, Irby__ 645 

Confederate Soldiers Home, claim of treasurer- 743 

Dewberry and Montgomery- 939 

Eliasberg and Bros. Mercantile Co- 856 

Forrester, B. A. and J. S-— 644 

Kennedy Company - 543 

Loeb Hardware Company- 544 

Loveman, Joseph and Loeb_ 938 

Marshall and Bruce Company- 741 

Martin, R. M_ 628 

Mercantile Paper Company- 545 

Montgomery Light and Water Power Company- 546 

National Guard, expenses for transportation- 767 

Oyster Commission - 739 

Reeves, J. L- 913 

Remington Typewriter Company- 911 

Shackelford, J. E- 743 

Southern Typewriter Exchange- 634 

Special counsel_ 879 

Standard Chemical and Oil Co- 626 

Tax Commission, claim for the relief of- 910 

Western Union Telegraph Company- 626 

Woodson, Mrs. L. A- 647 


CLAIRVOYANT. 

License tax - 

CLERICAL HELP. 

Provided for Joint Recess Committees- 
CLERKS. 

Land clerk in Auditor’s office authorized 


Pension clerk in Treasurer’s office authorized- 276 

CLERKS AND REGISTERS. 

Copies of records certified to Supreme Court and to Court of 

Appeals to be kept in office, of - 337 

Reports to be made to chief justice by- 590 














































INDEX. 96 g 

CLOCK PEDDLERS. 

License tax_ 52 <; 

COAL AND COKE DEALERS. 

License tax_ 493 

CODE OF 1907, AMENDED. 

§43, Samples of fertilizers, how produced_ 640 

133. Erection of county buildings_ 544 

134. Special tax for county buildings, bridges and roads_ 210 

407-411. Regulation of challenges of voters_:_ 214 

541, 543, 544, 545. Powers and duties of the State Board of 

Health; embalming regulated_ 774 

546. Examiners of Public Accounts_ 209 

625. Clerks in office of State Treasurer_ 276 

702. State Board of Health, authority and jurisdiction of_ 653 

706, 707. Duties of county health officers_ 782 

718. Abatement of nuisances _ 854 

757. Establishing Live Stock Sanitary Board_ 130 

811-815, 818,819. State Board of Horticulture_ 923 

1196. Authority of cities and towns over municipal expenditures 942 

1222 , and 1226. Recorder and recorders courts_ 724 

1279. Markets, regulation of__ 619 

1345. Designation of place of business in license_ 336 

1355. City Boards of Education_ 559 

1421. Municipal bonds_ 556 

1657, 1664, 1669. Regulation of printing, class 4; acts of Leg¬ 
islature; and style of printing and quality of paper_ 712 

1782. Sale of school and indemnity lands_ 266 

1842. Text Book Commission, powers and duties_ 343 

1856. Special tax levied and assessed_ 909 

1889. Medical Department of the University of Alabama_ 133 

1975-1993. School ho uses _ 697 

2044. Who are eligible to admission to Confederate Soldiers’ Home 280 

2411. When license money to be refunded_ 120 

2500. Survival of actions_ 605 

2502. Discontinuance entered as to parties not served_ 605 

2590. Claims against estates of decedents_ 547 

2838. Appeals from interlocutory decrees in chancery courts_ 137 

2846. Granting or refusing of motions for new trial_'_ 722 

2879. Appeals by married women without bond or security for 

costs _ 715 

2967. Suits on attachment bonds_ 880 

2995. Security for costs not required of Alabama State Bar As¬ 
sociation _ 313 

3022. When bill of exceptions established before judge of the 

Supreme Court_ 816 

3025. Bridges, ferries, or causeways on line between two coun¬ 
ties - 1 736 

3164. Decree after decree pro confesso is taken in term time of 

vacation_ 606 

3236. Re-arranging dates for holding courts in the 6 th judicial 

circuit _ 135 

3242. Time and place of holding courts in the 12th judicial /) 

circuit _ 611 

3243. Time and place of holding court in 13th circuit_ 352 

3255. Circuit Courts given jurisdiction in causes in equity._ 608 

3264, 3265. Bailiffs and their compensation..___..._ 707 

3279. Supernumerary judge_ 355 

8317. Publication of receipts and disbursements by counties—. 823 














































970 


INDEX. 


CODE OF 1907, AMENDED— Continued. 

3485. Condemnation powers conferred upon mining, manufac¬ 
turing and quarrying corporations- 

3510. How to dissolve a corporation- 

3589. Amendment of charters of educational institutions- 

3062. Costs to successful party, or apportioned by court- 

3795. Grounds for divorce- 

3970. When sworn account admissible in evidence-— 

4023. Warrants, attachments, or other process issued during 

term time- 

4079-4083. Execution on judgments- 

4152. Transfer of judgments or decrees- 

4237. Exception to waiver of exemption- 

4546. Certificates of authority to insurance companies- 

4648. Precinct in which suit must be brought--- 

4695. Garnishments before Justices of the Peace- 

4742. Landlord and tenant as tenants in common- 

4743. Regulating laborer’s lien on crop- 

4828. Lien of hotels, inns, boarding houses and restaurants- 

4897. Partial payment of mortgage debt entered- 

4906. Duties and powers of harbor masters- 

4915. Resisting or opposing harbor master- 

4926. Disposition of fees of harbor master and wardens, and 

salary of harbor master- 

4950. Vesels exempt from pilotage- 

5303. How summons served on corporation- 

5326. Profert dispensed with, notice to produce- 

5346. Service of summons or other process- 

5359. Trial of civil cases at law- 

5364. Charges moved for by the parties- 

5422. Indexes to instruments filed for record in office of Probate 


770 

52 

382 

598 

370 

609 

597 

270 

591 

916 

915 

266 

313 

134 

112 

265 

353 

311 

267 

87 

642 

607 

597 

825 

824 

815 


Judge - 725 

5838. County Commissioners authorized to accept money in place 

of labor on public roads-294, 375 

5957, 5960. Terms of Supreme Court and Court of Appeals—-— 816 


5987. Subd. 7. Transcripts of records and manuscript opinions 
to be bound and lettered- 


5997-5999.6006. Alabama Reports- 

6006. Specifications of Supreme Court Reports 

6256. What transcript must not contain- 

6296. Arson in 2nd degree- 


594 

712 

708 

136 


6450-6465. Juvenile delinquents-- 

6655, 6656. Salary of the Judge of the County Court- 

6934. Obtaining food or lodging by fraud or misrepresentation- 

6957. Birds not protected by game laws- 

6964. Open and closed season as to squirrels- 

6971. Hunting on lands of another without permit- 

7082. Adulterating soft drinks- 

7564. Practising medicine without license- 

7700. Carnal knowledge of girl over 12 and under 16 years of 

age - 

7796. Reports of fees by solicitors- 


577 

604 

152 

323 

946 

617 

489 

661 

137 

590 


CODE OF 1907. REPEALED. 

113-120. Bureau of cotton statistics abolished--76, 78 

770. Exempting counties from jurisdiction of Live Stock Sani¬ 
tary Board---^3 

827-837. Immigration Commission abolished- 81 

886 , 892-897. Office of State Land Agent abolished- 217 

1723. Regulating certificates to teach—----—— 


















































INDEX. 


971 


CODE OF 1907, REPEALED— Continued. 

4901-4926. Harbor master and port wardens of Mobile_ 696 

4927. Commission of pilots_ 696 

5347. Time for pleading_ 825 

5765-5843. Public road system of State_ 623 

6647. Fees of bailiffs_ 707 

6718. Proceedings in the county courts_ 706 

7732-7744. Roads, offenses concerning_ 623 

COFFIN DEALERS. 

License tax_ 500 

COLD STORAGE BUSINESS. 

License tax- 498 

COLLECTING AGENCIES. 

License tax- 498 

COLLINS, IRBY. 

Appropriation for relief of_ 645 

COMFORTS. 

Labeled, with statement of materials used in manufacture of_ 275 

COMMERCIAL AGENCIES. 

License tax_ 499 

COMMERCIAL FEEDING STUFFS. 

Regulation of_ 767 

COMMISSION, ALABAMA ILLITERACY. 

Established_ 80 

COMMISSION FORM OF GOVERNMENT. 

Act of April 8, 1911, providing commission form of government in 

certain cities and towns, amended_ 869 

Act providing, April 6, 1911, amended_ 52 

Election for abandonment of form of_ 770 

Regulation of, for cities of 100,000 population or more_ 789 

COMMISSION MERCHANT. 

License tax_ 496 

COMMISSION ON LEGISLATION. 

Authorized to consider and report to next Legislature on sundry 

subjects of legislation_ 944 

COMMISSIONER OF INSURANCE. 

See Insurance Department. 

COMMISSIONS OF STATE. 

Executive, or secret meetings of, prohibited_ 314 

COMMITTEES. 

Investigating Committee authorized_ 207 

Joint Recess Committees on Judiciary, and on Finance and Tax¬ 
ation authorized_ 49 

COMMON CARRIERS. 

See Railroads. 


























972 


INDEX. 


COMMUNICATIONS. 

Telegraph and telephone messages confidential_ 321 

COMPRESS OWNERS. 

License tax_ 499 

COMPROMISE, BOARD OF. 

Executive or secret meetings of prohibited_ 314 

COMPULSORY EDUCATION. 

Attendance officer appointed_ 535 

Attendance officer to investigate non-enrollment and non-attend¬ 
ance _ 536 

Attendance officer to keep record of children_ 538 

Biennial revision of school lists of children subject to school 

attendance_ 539 

Children required to attend school_ 534 

Children within school ages, without written permit, not to 

be employed during school hours_ 536 

Counties divided into attendance districts_ 535 

County boards of education, duties as to_ 535 

County Superintendent of Education, lists to be furnished by to 

teachers_ 538 

Exemptions_ 534 

Hearing of complaints against parents_ 536 

Incorrigible children, treatment of_ 537 

Payment of attendance officers_ 538 

Public transportation provided-_ 534 

Reports to be made to State Superintendent of Education by all 

schools _^_ 537 

State Superintendent of Education to provide teacher with lists 

of children required to attend school_ 535 

Teacher, reports to be made by_:_ 535 

Teachers to report truants before reeciving salary_ 537 

CONCERTS. 

License tax_ 499 

CONDEMNATION. 

See Eminent Domain. 

CONFEDERACY, UNITED DAUGHTERS OF. 

Free scholarships in Alabama Schools by authorized_ 140 

CONFEDERATE FLAG. 

Desecration, mutilation or improper use of to be prevented and 

punished _ 346 

CONFEDERATE MUSEUM AT RICHMOND. 

Appropriation to maintain Alabama room in_ 885 

CONFEDERATE PENSIONS. 

Absence from State operates to lose pension_ 893 

Abstracts of pension record to be furnished probate judges by 

State Auditor _ 891 

Appplications, not to be rejected for defective form_ 888 

Applications for pensions_887, 888, 889, 890 

Appropriation, when available_ 891 

Appropriation to carry out pension law__ 891 

^ Assessment for_ 389 



































INDEX. 


973 


CONFEDERATE PENSI ONS— Continued, 

Blanks to be paid for as other stationery- 891 

Board of Confederate pensions appointed- 886 

Classification of pensioners- 890 

Clasification of widows- J81 

Confederate Soldiers’ Home, inmates not entitled to pensions— 887 

Deputy Commissioner, salary of- 930 

Distribution, quarterly - 891 

Grand Jury, list of pensions to be submitted to by Probate Judge 

twice a year- 894 

Liberal construction to be given pension laws- 895 

Penalties for violation of pension laws-893, 894, 895 

Pension clerk--- 887 

Pensions, who entitled to-887, 888 , 889 

Powers and duties of Pension Board-_- 887 

Probate Judge, appplication to be filed with-- 888 

Probate Judges, duties of-887, 890 

Probate Judges constituted county pension commissioners- 887 

Proof of age, how made- 890 

Proof to support applications--- 888 , 895 

Records of pensioners provided by State Auditor- 888 , 891 

Reinstatement of- 

Rejected applications, how disposed of-— 891 

Restoration of pensioners improperly dropped-894, 895 

Revision of rolls to be made quarterly by Probate Judges- 892 

Warrants, how delivered- 892 

Widow may be placed on roll on death of husband- 893 

Widows entitled to pensions, when- 888 

Widows filing applications during July and August, 1915, when 

entitled to relief- 7^8 

Widows of Confederate soldiers or sailors to be classified- 131 


CONFEDERATE SOLDIERS’ HOME. 

Inmates of not entitled to pensions- 

Treasurer of, appropriation for relief of. 
Who may be admitted to- 


887 

742 

280 


CONFEDERATE VETERANS. 

License tax not required from— 

Passes may be given to- 

Who eligible to Soldiers’ Home- 


518 

566 

280 


CONGRESS. . . r 

Assent by State Legislature to provisions of act of May 8 , 1914, 

providing for co-operative agricultural extension work- 

Memoralized to erect new public buildings in Montgomery- 


49 

263 


CONGRESSIONAL DISTRICTS. 

State divided into ten districts- 875 

CONSTITUTIONAL AMENDMENTS. 

See Amendments. 

CONTRACTORS FOR BRIDGES, DAMS. WATER WORKS, ROADS, RAIL¬ 
ROADS OR OTHER STRUCTURES OF LIKE NATURE. 


License tax_ 499 / 

CONVERSION. 

Limitation of actions in-- 142 









































974 


INDEX. 


CONVICT INSPECTORS. 

Clerks in office of to be bonded_ 116 

Convicts may be hired to counties_ 631 

Counties or municipalities may work on public roads_575, 589 

County convict camps inspected by county health officer_ 784 

Courts of County Commissioners authorized to work county and 

State convicts on public roads and bridges_ 630 

Duty in receiving prisoners from county jails affected with tuber¬ 
culosis - 355 

Executive or secret meetings of prohibited_ 314 

President of board to be bonded_ 116 

Wardens to be bonded_ 116 

Woman convicts not to be worked on public roads_575, 577 

COOPERATIVE SOCIETIES OR ASSOCIATIONS. 

Organization of_ 368 

COOPER’S HAWKS. 

Game laws of State do not protect__ 323 

CORN CLUBS. 

Regulations for organization of_ 943 

CORONERS. 

Assistants of_ 858 

Compensation of_858 

Qualifications, duties and compensation of in counties of 200,000 

inhabitants or more_ 858 

CORPORATIONS. 

Consolidation of _ 377 

Educational corporations, how property may be sold or dis¬ 
posed of_ 946 

Educational corporations may distribute proceeds of property 

after dissolution _ 945 

How to dissolve—Sec. 3510 of Code Amended_ 52 

Prohibited from making contributions in political campaigns 256 

Regulation of the sale, conveyance, or lease of the property of_ 268 

Service, how made upon_ 607 

Subject to jurisdiction of public service commission_ 866 

Taxation of___396, 397 

CORRUPT PRACTICES ACT. 

Advertisements in political campaigns_254, 255 

Amount which may be expended by candidates_ 251 

Announcement of candidacy_ 252 

Candidate defined _ 250 

Candidates relieved from penalties in certain cases__ 356 

Cartoons in political campaigns_ 255 

Committee defined_ 250 

Committees required to file statement of expenditures with Sec¬ 
retary of State and Probate Judges_ 253 

Committees to disburse funds for candidates_252, 253 

Contributions from religious, charitable or other organizations 

prohibited _ 256 

Contributions to be paid over to committees_ 253 

Conveyances of voters to polls prohibited_ 255 

Corporations prohibited from making contributions in political 

campaigns _ 256 

Corrupt practice defined_250, 252, 253, 255, 257 








































INDEX. 


975 


CORRUPT PRACTICES ACT— Continued. 

Election defined- 250 

Election expenditures regulated-250, 251 

Electioneering at polls prohibited- 255 

Expenditures authorized in elections-250, 251 

Intimidation in elections- 255 

Newspapers, political advertisements in regulated- 255 

Notice of intention to be filed with Secretary of State- 252 

Obstructing voters in elections- 255 

Political advertisements- 254, 255 

Political advertisements may be solicited- 256 

Political committee defined- 250 

Posters in political campaigns- 254 

Qualifying fee regulated---- 252 

Solicitation of votes in elections prohibited--- 25o 

Statements of expenditures to be filed by committees--— 253 

Subscriptions by candidates to clubs or organizations prohibited 256 

Treasurer of candidates- 252 

Vacancies on candidates committees- 252 

COSTS 

Expenses of sheriff for arrests of defendants with contraband 

liquors and beverages, how taxed- 589 

Given to successful party, or apportioned at discretion of court- 599 

COTTON BUYERS. 

License tax- 499 

COTTON FACTORY. 

License tax_ 499 

COTTON FUTURES ACT. 

Contracts of sale of cotton for future delivery to conform to- 913 


COTTON SEED MEAL. 

Regulation of the sale of- 949 

COTTON SEED OIL MILLS, COTTON MILLS, OR COTTON FACTORIES. 
License tax- 499 


COTTON STATISTICS BUREAU. 

Abolished by repeal of Code of 1907, sections 113-120- 76, 78 


COTTON WAREHOUSES. 
License tax- 


527 


COUNTIES. 

Authority conferred to pay for advertising notice and substance 

of local bills_ 

Authority to make appropriations for paupers, where no poor 

houses exist _ _ _— —— —_—_-_——_. 

Authorized to pay circuit judges supplementary salaries, when— 
Bailiffs to be appointed in counties of 150,000 population or 

more -- 

Code provisions regulating proceedings in county courts repealed 
Commissioners may accept money in lieu of labor on public 

roads _294, 

County boards of education provided for_-- 

County boards of health, duties of----- 

County buildings to be inspected by county health officer— 


845 

384 

876 

941 

706 

375 

284 

654 

784 


































976 


INDEX. 


824 


630 


COUNTIES— Continued. 

County commisisoners, to pay solicitors absent from duty by 

reason of illness or physical infirmity— _ _ 857 

County commissioners, penalty for failure to publish receipts and 
disbursements_ 

County commissioners authorized 'to make approprlatio’n'for 

construction of dipping vats_ _ _ 342 

County commissioners may provide for publication of local acts 

or laws in newspapers_ -^9 

Coun c t o y ^ 0mraiss , ioners of coun ties having 75,000 a’nd’Iess' than 
cm ,000 population may employ trained nurse in infectious 

or contagious diseases_ 3 7 9 

County commissioners perform duties of excise commissioners_ 249 

County commissioners to pay salaries of coroners out of treas- 

uries of counties having 200,000 population or more_ 858 

County courts re-established in_ 362 

County health officers, powers, duties and salary!” ________J782 788 

County health officers, suspended, when__ * 654 

County health officers may abate nuisances_ __ 854 

County license tax, fifty per cent of State license tax_II_I 527 

County treasurer, office not abolished in counties having popula¬ 
tion of more than 50,000_ ___ _____ 350 

Courts of county commissioners, duty as to levy of spectaTtax_I 909 
Courts of county commissioners, duty in cases of abatement of 

nuisances_ _ __ 355 

Courts of county commissioners, authorized to make expenditures 

for sanitary improvements,_ 548 

Courts of county commissioners authorized to work county and 

State convicts on public roads and bridges_ 

Courts of county commissioners in counties having 1,575 square 
miles or more, election of by voters of districts to be repre¬ 
sented _ 381 

Courts of county commissioners may adopt dog law for_ 259 

Courts of county commissioners may establish tuberculosis hos- 

pitals - ^ 

Courts of county commissioners of counties, having a population 
of 200,000 or more, authorized to employ chief clerk and 

assistant clerk_ 934 

Courts of county commissioners, to order election for special 

county tax for school purposes_ 360 

Deputy solicitors paid from county treasuries—._820, 822 

Election districts in provided for_ 85 

Empowered to pay for improvements made or contracted to be 

made for which no authority previously existed_ 878 

Erection of county buildings_ : _ 544 

Executive or secret meetings of courts of county commissioners 

prohibited _ 314 

Exemption of residents of from road service, where aggregate 

tax values of county are one hundred million dollars_ 

Expenses for publishing Governor’s proclamation to be paid by 
county or municipality, where proposed amendment relates 

only to such sub-division_ 2 78 

Fees and salaries of county officials to be investigated by joint 

recess judiciary committee, and report made thereon_ 949 

General guardian ad litem, act creating amended___ 261 

Inferior Courts in counties of not less than 80,000 nor more 

than 100,000 population_ 635 

Janitors may be appointed by courts of commissioners of coun¬ 
ties having 150,000 population_ 884 

Naval militia may be maintained by___ 945 


589 



































INDEX. 


971 


COUNTIE S— Continued. 

Nuisancefe may be abated by county health officer_ 854 

Office of county treasurer abolished_ 348 

Officers of required to open and maintain offices at all points in 
counties where circuit court, or court of like jurisdiction is 

held- 549 

Opinions in writing to be given county officers on official busi¬ 
ness by county or circuit solicitors_ 548 

Parts of compensation of judges and solicitors to be paid by_ 716 

Payment and regulation of witness fees in counties having not 

exceeding 18,700 and not less than 18,300 population_ 884 

Physicians may be elected by, to attend inmates of county poor- 

houses and jails_ 737 

Public highway east and west, and one north and south to be 
maintained by county authorities, where a county has 200 ,- 

000 population_ 106 

Publication of receipts and disbursements by_ 824 

Provision for payment of equitable claims against_ 704 

Regulation of payment for erection of bridges, ferries or cause¬ 
ways on lines between_ 736 

Regulation of practice in county courts_ 709 

Salaries of inferior court judges, deputy solicitors, serving infe¬ 
rior courts, and officers of such courts to be paid from 

county treasury_826, 828 

Salaries of judges of the county court to be paid by_ 604 

Salaries of members of courts of county commissioners or boards 
of revenue of counties of 82,000 and not exceeding 200,000 

people- 488 

Salaries of bailiffs___ 942 

Settlement, adjustment and refund of county bonded or other 

indebtedness _ 84 

Special tax for county buildings, bridges and roads_ 210 

Tax commissioners abolished_ 107 

Temporary loans for benefit of may be negotiated_ 105 

Warrants heretofore drawn ratified_ 559 

Women may serve on boards of education of_ 51 

COUNTY BUILDINGS. 

Erection of_ 544 

COUNTY COURTS. 

Amendments in practice before_ 709 

Reestablished _ 862 

Regulation of practice in county courts_ 709 

COUNTY HEALTH OFFICERS. 

Duties and powers of_ 782 

Salary of_ 778 

COUNTY LICENSE TAX. 

Fifty per cent of State license tax_ 527 

COUNTY OFFICERS. 

Amount which may be expended by candidates for office of_ 251 

COUNTY SEATS. 

Courts held at places other than_:_ 549 


COURT OF APPEALS. 

See Appeals, Court of. 


































978 


INDEX. 


COURT REPORTER. 

Act for appointment of for 2nd judicial circuit amended- 641 

Appointment of by circuit judges- 859 

Oath to be taken by- 861 

Salary of _ 861 

Testimony given orally in open court in equity cases to be taken 

and transcribed by_ 705 

COURTS. 

Abstract of title may be ordered for real estate decreed to be 

sold _ 611 

Chief justice has supervision of- 592 

Circuit Courts given jurisdiction concurrent with Chancery Courts 598 

Compensation of judges and solicitors- 716 

Consolidation of Chancery Court, City Courts and other courts 

of record, with Circuit Court- 279 

Costs may be apportioned at discretion of- 599 

Dates for holding in 6th judicial circuit- 135 

Decree after decree pro confesso is taken in term time or vaca¬ 
tion - 606 

, Divorce proceedings regulated- 358 

Duty in the matter of appointing guardians ad litem- 262 

Exceptions to rulings on charges- 816 

Exoneration of sureties on appeal or appearance bonds in mu¬ 
nicipal courts_ 139 

Facilities for holding courts to be provided by sheriff and courts 

of county commissioners_ 593 

Held at places other than county seats--- 549 

Jurisdiction in cases of violation of game and fish laws- 148 

Jurisdiction of children-577. 578 

Married women may appeal without bond or security for costs. 

when_ 715 

Motions in writing and rulings of court made a part of record, 

and reservation of exceptions unnecessary- 598 

New trials, granting or refusing motion for- 722 

Practice in giving notice to non-residents- 604 

Process issued during term time- 597 

Regulation of charges given by- 815 

Regulation of practice in the disposition of cases improperly 

brought as suits in equity or in improper court- 830 

Rotation of judges_ 594 

Salaries of judges of county court-- 604 

Security for costs, execution against- 599 

Service of summons or other process- 825 

Special terms may be ordered by chief justice- 592 

Suits improperly brought, practice as to- 830 

Supernumerary judge_ 855 

Twelfth circuit, time and place of holding court in- 611 

Twentieth judicial circuit established_ 620 

COURTS MARTIAL. 

When authorized_758. 759 

COURTS OF COUNTY COMMISSIONERS. 

See Counties. 

Adjustment of claims for loss or damage to sheep or other live 

stock by dogs_ 600 

Courts to be held at points in county other than county seat- 552 

Dipping vats may be constructed by_ 342 

Erection of county buildings, duties as to--- 544 











































INDEX. 


979 


COURTS OF COUNTY COMMISSIONERS— Continued. 

May succeed themselves in counties having 1,575 square miles_ 912 

Salaries of members of courts of county commissioners or boards 
of revenue of counties of 82,000 and not exceeding 200,000 
people- 488 

CREDIT ASSOCIATIONS. 

License tax_ 499 

CRIMINAL CASES 

Appeals in_ 712 

CROMER, J. D. 

Appropriation for relief of_ 623 

CROWS. 

Game laws of State do not protect_ 323 

CRUELTY TO ANIMALS. 

Counties of 200,000 population or over given authority to appoint 

persons to enforce laws in reference to_ 949 

DAIRY INSPECTION. 

Regulation of in cities of 100,000 population_ 304 

Tuberculosis cattle, regulations as to disposition of_ 305 

DAM CONTRACTORS. 

License tax_ 499 

DAMAGED GOODS SALES. 

License tax_ 503 

DANCE ENTERTAINMENTS. 

License tax- 501 

DEAD BODIES OF ANIMALS. 

Required to be burned or buried_ 724 

DEALERS IN WITNESS SCRIPT. 

License tax_ 527 

DEATH. 

Certificates of__ 659 

DEBT, THE STATE. 

Amendment to Constitution proposed for issuance of bonds to 

retire floating debt of State_ 259 

Appropriation to pay certificates of indebtedness, and interest 

on temporary loans_ 78 

Appropriation to pay interest on_ 936 

Bonds issued for payment of_ 615 

DECEDENTS. 

Charging lands of estates of_ 547 

DEFINITIONS. 

Action_ 673 

Alcoholic liquors_ 1, 31 

Arson _ 1 _ 138 

Auctioneer _ 490 


























980 


INDEX. 


DEFINITIONS— Continued. 

Buying of patients by physicians- 324 

Candidate _ 250 

Contract of sale- 914 

Corrupt practices_ 250 

Credit_319, 387 

Delivery_ 673 

Dentistry_ 327 

Election _ 250 

Fiscal year_ 321 

Flag, standard, color or design_ 247 

Fungible goods_ 673 

General hospital_ 274 

Good faith- 674 

Holder of receipts- 673 

Improvements _ 387 

Insurance company- 505 

Merchant - 387 

Military offenses_ 758 

Money _ 386 

Order _ 673 

Owner_ 673 

Person _673, 533, 914 

Person or party- 387 

Personal property_ 386 

Political committee- 250 

Political party_ 218 

Primary elections_ 218 

Prohibited liquors and beverages- 1, 31 

Property _ 386 

Public officer or servant_ 288 

Purchaser _ 673 

Real property_ 386 

Registered nurse_ 273 

Value_ 387, 673 

Warehouse receipts_651, 673 

Warehouseman _ 674 

DENTAL ASSOCIATIONS. 

Provisions for altering, amending or extending charters of- 160 

State organization_ 331 

DENTAL EXAMINERS. 

See Dentistry. 

DENTISTRY. 

Alabama Dental Association_ 331 

Annual report to be made by Secretary-Treasurer of Board of 

Dental Examiners to State Dental Association- 335 

Archives and History Department, examination papers to be 

deposited with_ 332 

Defined _ 327 

Dental examiners, board of, provisions as to__—327, 330 

Examination of applicants for license_ 328 

Fees for certificates to practitioners removing to or from Ala¬ 
bama _334, 335 

Fees to be paid by applicants for license_ 333 

License required of dentists_ 500 

License not required from persons who* have practiced dentistry 

in this State for twenty years or more_ 923 



















































INDEX. 


981 


DENTISTRY— Continued. 

Oath to be filed by members of Dental Board- 332 

Officers of Dental Board_332, 333 

Official stationery for applicants for examination- 331 

Practitioners from other States may be licensed- 334 

Professional ethics- 334 

Refusal to issue certificates, when- 329 

Trade or corporate name prohibited_ 334 

Unlawful to practice without license- 327 

DENOMINATIONAL SCHOOLS. 

Reports to be made by to State Superintendent of Education- 285 

DEPARTMENTS AND OFFICES. 

Fees charged for information, to be turned into State treasury- 726 

Penalty for violation of requirement as to fees and fee book- 727 

Register of fees to be kept_ 727 

DESERTION. 

Husband, penalties for desertion of wdfe and children- 560 

DETECTIVE AGENCIES. 

License tax_ 500 

DEWBERRY AND MONTGOMERY. 

Appropriation for relief of- 939 

DICTAPHONE DEALERS. 

License tax- 491 

DINING CARS. 

License tax_ 521 

DIPPING VATS. 

Courts of county commissioners authorized to construct- 342 

Penalty for injury to or destruction of- 880 

Warrants drawn for, declared valid- 559 

DIRECTORY MAKERS. 

License tax_ 500 

DISEASES. 

Authority and jurisdiction of State Board of Health over-653, 659 

DISCONTINUANCE OF ACTIONS. 

Practice as to_ 695 

DISCOVERY OF ASSETS. 

Provisions for in case of judgment debtors, and to facilitate 

enforcement of collection of judgments- 927 

DISTILLER. 

Defined _ 2 

DISTRIBUTION OF PUBLIC DOCUMENTS. 

Appropriations for- 936 

Archives and History Department allowed copies of for exchange 

purposes - 738 

DISTRICTS. 

State divided into ten congressional districts- 875 





























982 


INDEX, 


DIVORCE. 

Grounds of enlarged_ 370 

Proceedings regulated_ 358 

Decrees pro confesso in suits for_ 358 

DOCUMENTS. 

Appropriations for distribution of public_ 936 

DOG AND PONY SHOW. 

License tax_ 498 

DOGS. 

Damages for bite of rabid dogs_ 541 

Law againts, only operative when adopted by court of county 

commissioners ___ 1 259 

License or privilege tax imposed upon_ 599 

Owners of, liable for injuries to sheep or other live stock caused by 600 

Penalty for harboring dog on which tax has not been paid_ 001 

Personal injuries caused by_ 601 

Public protected from, running at large_ 259 

Right of action in favor of owner for injury or destruction of 

dog on which license tax has been paid_ 601 

DOMESTIC RELATIONS. 

See also Child Labor, and Child or Children. 

Desertion and non-support of family by husband_ 560 

Children, juvenile delinquents_ 577 

Husband and wife may testify for or against each other in crimi- 

inal cases, but are not compelled to do so_ 943 

DRAFTS. 

See checks. 

DRAINAGE. 

Act to be liberally construed_ 190 

Appeals from orders establishing drainage district_172, 176 

Assessments for costs_ 183 

Board of viewers appointed_ 174 

Bond issue to cover improvements_ 185 

Civil engineer to be appointed by drainage commissioners_ 177 

Classification of lands_ 183 

Condemnation of rights of way_ 173 

Contracts with U. S. Government authorized_ 191 

Drainage commissioners appointed_ 172 

Drainage districts authorized_ 167 

Drainage record to be kept_ 177 

Drainage work may be done in conjunction with authorities of 

adjacent States_ 191 

Engineer to survey and map drainage area_ 170 

Expenses and per diem of commissioners, engineers and others_ 187 

Land owners under act defined_ 192 

Proceedings for organization of_ 168 

Provisions where district lies in more than one county_ 170 

Publication of day set for hearing petition__ 171 

Railroad in drainage areas_^_ 179 

Real property owners may file objections_ 171 

Water courses, ditches, and drains_ 179 

EDUCATION. 

See Schools. 







































INDEX. 


983 


EDUCATION, CITY BOARDS OF. 

Appointment of--- 559 

EDUCATION, COUNTY BOARD OF. 

Appeals to be heard by in ease of suspended pupils- 284 

Census of school population to be provided for- 284 

Compulsory attendance enforced by- 283 

Condemnation proceedings may be instituted by- 282 

Consolidation of schools under control of- 283 

Duties of_ 282 

Election of authorized_ 281 

Expenses of board_ 284 

Funds for support of schools under control of- 283 

Jurisdiction of_ 282 

May request county commissioners to order special election for 

levy of county tax for public school purposes- 361 

Meeting places of- 282 

Officers of_ 282 

Property of county or district to be held by, and new property 

may be acquired_ 282 

Qualifications of members- 281 

Races, children of to be kept on separate lists- 284 

School districts regulated by- 283 

Superintendent of Education elected by- 283 

Superintendent of Education, Secretary of Board-- 282 

Teachers elected by- 283 

Time for election_ 281 

Transfers of pupils regulated by- 283 

Transportation of pupils may be provided by- 283 

Trustees for districts appointed by- 283 

EDUCATIONAL CORPORATIONS. 

Distribution may be made of property of, after dissolution_ 945 

Property may be sold or disposed of_ 946 

EDUCATIONAL INSTITUTIONS. 

Amendments of charters of- 382 

ELECTION COMMISSIONS. 

Cities of one hundred thousand population_ 322 

ELECTION DISTRICTS. 

Providing for establishment of_ 85 

ELECTIONS. 

See Corrupt Practices Act. 

Amendment proposed to constitution, increasing tax rate of city 

of Selma_ 337 

Amendment to constitution, increasing tax rate of city of 

Birmingham _ 674 

Amendment proposed to constitution striking out sec. 250, pro¬ 
viding a preference to holders of certain securities_ 289 

Amendment to constitution for issuance of bonds to retire float¬ 
ing debt of State_ 259 

Amendment to constitution providing local taxation for schools, 107 
Amendment to constitution placing officers of Montgomery county 

on salary basis_ 211 

Amendment to constitution providing biennial sessions of the 

Legislature - 715 

Challenges of voters_ 214 







































984 


INDEX. 


ELECTIONS— Continued. 

Circuit judges_ §q9 

Cities aud towns may hold to determine whether or not commis¬ 
sion form of government may be abandoned_ 771 

City officials or employees not to serve as election officers_ 202 

Constitutional amendments, regulation of elections on_ 602 

County boards of education to be elected_ 281 

Courts of county commissioners to order election for special 

county tax for school purposes_ 360 

Date for election on Constitutional amendment for bond issue_ 630 

Deputy circuit clerks to be elected, when_ 741 

Mass meetings, time and place for, to select nominees_ 622 

Notice, time, and procedure for holding elections on amendments 

proposed to Constitution_ 602 

Officers duties, when voter is challenged_ 214 

Primary elections, further regulated_ 722 

Registration of electors^_ 239 

Representatives in Congress, when elected_I_ 876 

Solicitors for Circuit Courts_ 817 

Tick eradication, elections may be ordered in counties to deter¬ 
mine whether or not such work shall be undertaken_ 123 

IT. S. Senators, election of_.._ 364 

ELECTORS, REGISTRATNON OF. 

Rules for- 239-248 

ELECTRIC COMPANIES. 

Subject to jurisdiction of public service commission_ 866 

ELECTRIC HEADLIGHTS. 

Electric headlights required for railroads_ 257 

ELECTRIC LIGHT PLANTS. 

Regulation of where located in cities of more than 100,000 popu¬ 
lation _ 296 

ELECTRIC LIGHT POWER PLANT. 

License tax_'_ 519 

ELECTRICAL ENGINEER. 

License tax_ 561 

ELIASBERG AND BROS. MERCANTILE CO. 

Appropriation for relief of_ §56 

ELK. 

Introduction of into State_ 139 

EMBALMERS. 

Business of regulated_ 774 

License fee required __ 775 

License tax_ 590 

EMBALMING, STATE BOARD OF. 

Powers and duties of_ 775 

EMIGRANT AGENTS. 

License tax_ 561 
































INDEX. 


985 


EMINENT DOMAIN. 

County board of education, power of condemnation_ 282 

Power conferred on railroads and street railways to condemn 

necessary lands for viaducts and subways_207, 210 

Right conferred in connection with building and maintenance of 

dam at Sanders’ ferry on Warrior river_ 774 

Right to condemn in behalf of road and highway improvement_ 574 

Rights of mining, manufacturing and quarrying corporations to 

condemn rights of way_ 770 

ENFORCEMENT LAW (LIQUOR). 

To suppress the evils of intemperance, and to secure enforcement 

of prohibition laws_i_ 8 

ENGINEERS. 

License tax_ 501 

ENGLISH AND EUROPEAN HOUSE SPARROWS. 

Game laws of State do not protect_ 323 

EQUALIZATION, COUNTY BOARD OF. 

Appointment, powers and duties_ 413 

EQUALIZATION, STATE BOARD OF. 

Appointment, powers and duties_ 421 

Appropriation for salaries of members of_ 933 

Authorized to purchase automobile and motorcycle tags, chauf¬ 
fers’ licenses, stationery and supplies for immediate use_ 919 

Bonds required of_ 422 

Chairman; powers of_ 422 

Employees of_422, 426 

License inspector appointed by_ ’ 528 

Oaths may be administered by_ 425 

Office at State Capitol_ 426 

Report to be made by_ 425 

Salaries of members of_ 422 

Secretary of the board_ 425 

ESTATES. 

Settlements of accounts of deceased guardians, executors and 

administrators regulated_ 138 

EVIDENCE. 

Affidavits, showing relationship of parties to conveyance of lands, 
where they have been filed for record, admitted as evidence 

of facts recited_ 920 

Children, admission and confessions_ 588 

Disputed writings_ 134 

Husband and wife may testify for or against each other in crimi¬ 
nal cases, but are not compelled to do so_ 943 

Proof of bonds of dealers in farm produce_ 162 

Proof in cases of persons obtaining food or lodging by fraud or 

misrepresentation _ 152 

Provisions for taking in open court in equity cases_ 705 

Rules of may be prescribed by Supreme Court_ 607 

Sworn accounts, when admissible in_ 609 

EXAMINERS OF ACCOUNTS. 

Appointment of authorized_ 209 

Bond required of_ 117 


































986 


INDEX. 


EXAMINERS OF ACCOUNTS— Continued. 

County offices to be examined—1_ 209 

Expenditures of appropriation for annual reunions of Alabama 

Division, U. C. V. to be subject to examination of- 728 

Insane hospitals’ books to be audited by- 845 

National Guard, examiner may be detailed as disbursing officer 

for_ 209 

State offices to be examined_ 209 

EXCISE COMMISSIONS. 

Abolished_ 249 

Distribution of moneys held by, June 30, 1915- 359 

Relief of Thomas T. Palmer, ex-sheriff, for services in cases 

before _ 881 

EXECUTIONS. 

Code of 1907, sections 4079-4083, amended, regulating method and 

time of issue of- 270 

EXECUTORS AND ADMINISTRATORS. 

Regulation of settlement of accounts of deceased_ 338 

EXEMPTIONS. 

Exceptions to waiver of_ 916 

EXEMPTIONS FROM TAXATION. 

Property exempt- 387 

EXPLORATIONS. 

Antiquities of State not to be explored or excavated, except 

under State direction- 728 

EXPRESS COMPANIES. 

License tax- 501 

Taxation of- 440 

EXTENSION WORK. 

Agriculture and home economics, instruction in_ 624 

Co-operative agricultural extension work under Smith-Lever Bill 49 

EYE GLASS VENDERS. 

License tax_1- 503 

FACTORIES. 

License tax_ 499 

FARM LIFE. 

Boys and girls to be instructed in better methods of agriculture 

and home making_ 943 

FARM LIFE CLUBS. 

License tax- 164 

Regulations for organization of- 943 

FARM PRODUCE. 

Regulation of dealers in-.- 162 

FAYETTE COUNTY. 

Date for holding Circuit Court in- 335 

FEATHER RENOVATORS. 

License tax- 501 



























INDEX. 


987 


FEDERAL RESERVE BOARD. 

Banking Department may supply with copies of confidential 

reports and statements_ 869 

State banks, savings banks and trust companies in Alabama may 

become members of_ 883 

FEEDING PRISONERS. 

Appropriation for_'_157, 358, 937 

FEES. 

Amendment to Constitution proposed, placing officers of Mont¬ 
gomery county on salary basis_211 

Charge for furnishing information by departments of the State 726 

Guardian ad litem_ 261 

Joint recess judiciary committee to consider and report upon_ 949 

Sheriff’s fees in counties of 81.000 population_ 383 

Solicitors to report to State Auditor_ 590 

FERRIES. 

License tax_ 526 

FERTILIZER FACTORIES. 

License tax_ 503 

FERTILIZERS. 

Samples of, how secured_ 646 

FIKE, MISS ANNIE C. 

Appropriation for relief of_ 740 

FILES. 

Uniformity of in records kept by State offices and departments__ 287 

FILING CLERK TO THE GOVERNOR. 

Appropriation for salary of_ 929 

FINANCE AND TAXATION, JOINT RECESS COMMITTEE OF. 

Appropriation for expenses of_ 326 

Joint recess committee on authorized_ 49 

Mobile port conditions to be investigated by sub-committee of__ 204 

FINANCES OF STATE. 

See Debt, the State. 

Tabulation for 1911, 1913 and 1914 to be compiled by Auditor 

and Treasurer for Legislature_ 36 

FIRE ADJUSTERS. 

License tax_ 491 

FIRE ARMS DEALERS. 

License tax_ 518 

FIRE INSURANCE COMPANIES. 

Insurance Department for regulation of- 834 

Taxed to support firemen’s pension and relief fund in cities 

where in operation__902, 908 

FIRE PREVENTION DAY. 

October 9 each year designated as- 882 

FIRE WORKS. 

License tax- 504 
























988 


INDEX. 


FIREMEN’S PENSIONS. 

Board of trustees of firemen’s pension and relief fund created for 


cities having 100,000 population_ 898 

Fire insurance companies doing business in such city taxed in 

support of__902, 908 

FLAG OF ALABAMA. 

Desecration, mutilation or improper use of to be punished_ 346 

FLAG OF THE UNITED STATES. 

Desecration, mutilation, or improper use of to be punished_ 34(5 

FLOOD DISASTERS. 

Congress memoralized to provide plans for prevention of_ 346 

FLORENCE STATE NORMAL SCHOOL. 

Free scholarship in, provided by the United Daughters of the 

Confederacy _ 140 

FLYING JENNY. 

License tax_ 594 

FOLMER, T. R. 

Appropriation for relief of_ 638 

FOOD. 

Inspection of, by State Board of Health_ 660 

FOOD, DRUG AND FEED CLERK. 

Appointment and salary_ 769 

FOREIGN CORPORATIONS. 

Penalty for conducting lottery enterprise_ 357 

FOREIGN INSURANCE COMPANIES. 

License tax_ 508 

FORRESTER, B. A. AND J. S. 

Appropriation for relief of the children of_ 644 

FORTUNE TELLERS. 

License tax_ 504 

FOURTH DISTRICT AGRICULTURAL SCHOOL. 

Appropriation for repairs and improvements of_ 379 

FRANCHISE TAXES. 

Corporations_ 397 

FRATERNAL DAY. 

Legal holiday established- 318 

FRUIT STANDS. 

License tax-1- 504 

FRUIT VENDERS. 

License tax- 504 

FUEL, LIGHT AND WATER. 

Appropriation for use in the Capitol-157, 937 























INDEX. 


989 


FULLER BILL. 

Sec. 3, August 25, 1909, repealed_ 38 

FUTURES. 

Regulation of contracts for sale of- 913 

GAME AND FISH. 

Squirrels protected_ 946 

GAME AND FISH COMMISSIONER. 

Reports to be made to, by courts in cases of violation of game 

and fish laws_ 143 

GAME AND FISH PROTECTION. 

Jurisdiction of justice of the peace_ 142 

GAME AND FISH PROTECTION FUND. 

Fines for violation of elk law to be paid into_ 140 

GAME LAWS. 

Code of Alabama, 1907, sec. 6957, amended as to birds not pro¬ 
tected by_ 323 

GAME PRESERVES. 

Introduction of elk into_ 139 

GARNISHMENTS. 

Proceedings in cases before justices of the peace_ 313 

GAS COMPANIES. 

Subject to jurisdiction of public service commission_ 866 

GAS FITTERS. 

License tax_ 519 

GAS PLANTS. 

Regulation of where located in cities of more than 100,000 pop¬ 
ulation _ 296 

GAS WORKS. 

License tax_ 519 

GENERAL ACTS. 

Provision for the prompt publication of the General Acts of 

the Legislature _ 159 

GIBSON, MRS. R. E. 

Appropriation for the relief of_ 617 


GIRLS’ TECHNICAL INSTITUTE, THE ALABAMA. 
See Alabama Girls’ Technical Institute. 


GOOD ROADS DAY. 

Established and regulated__- 352 

GOVERNOR. 

Amendments to constitution, duty of as to_108, 212, 260, 289, 337, 675 

Amount which may be expended by candidates for office of_ 251 

Appointment of Recording Secretary- 542 

Appropriation for feeding prisoners, to be paid at the discretion 

of Governor - 937 






















990 


INDEX. 


GOVERNOR— Continued. 

Appropriation for payment of interest on State warrants_ 314 

Appropriation for salary of_ 929 

Appropriations for salary of clerks and employees in office of_ 929 

Approval of sale of tax lands by Auditor to be made by_ 947 

Band of musicians for Alabama National Guard may be organ¬ 
ized by- 754 

Bank Superintendent appointed by_ 89 

Board of nurses examiners to be appointed by_ 271 

Board of purchase, member of_ 371 

Certificate to be given for repayment of loan from University of 

Alabama endowment fund_ 381 

Certificates of indebtedness and temporary loans, appropriations 

to pay- 79 

City Boards of Public Safety to be appointed by_ 73 

Commissioner to disburse appropriation for expenses of Reunions 

of Alabama Division, V. C. V., to be appointed by_ 728 

Contingent fund of_ 157 

Contingent fund of, reimbursed for advances made to defray 

expenses of Legislative Investigating Committee_1 325 

County boards of equalization, duty in appointment of members of 413 

Duty as to amendment of charters of educational institutions_ 382 

Duty as to State Training School for Girls_ 897 

Duty in the matter of issuing bonds for payment of State debt— 615 
Duty in providing prompt payment of warrants for support of 

Insane Hospitals_ 845 

Equalization board of State appointed by_ 421 

Examiners of accounts may be detailed by, to assist insurance 

commissioner in examination of insurance companies_ 837 

Examiners of public accounts to be appointed by_ 209 

Expenses of Alabama National Guard to be approved by_ 753 

Expenses of general officers and staff to be approved by_ 764 

Extension work in agriculture and home economics, report on to 

be made to_ 625 

Fire prevent'm day proclamation to be issued by_ 883 

General Acts of Legislature, duty as to prompt publication of_ 160 

Good roads day proclamation to be issued_ 352 

Governor’s mansion expenditures controlled by_158, 937 

Hog cholera serum appropriation, under direction of_ 105 

Illiteracy Commission to be appointed by_’_ 80 

Insurance, appropriations for on Capitol, to be expended by_ 936 

Insurance on State Capitol, to be approved by_'_ 156 

Interest on State warrants_1_ 314 

Judge and solicitor of 20th judicial circuit to be appointed by___ 621 

Lands of State, duty as to_ 217 

Local taxation amendment to Constitution, duties as to_108. 110 

Mayor and Aldermen to be appointed for cities abandoning com¬ 
mission form of government__ 772 

Member of Commission to consider sundry subjects of legislation 944 

Member State Board of Registrars_ 239 

Military division, State may be organized into_ 764 

Military parades or reviews under direction of_ 750 

Military staff of_ 746 

National Guard appropriation, encampment and expenditures di- 


Organization and discipline of Alabama National Guard_ 745 

Prison Inspector, account of approved by_ 200 

Proclamation for election on proposed Birmingham tax rate 

amendment _ 675 

Proclamtion for election on local school tax amendment_ 108 











































INDEX. 


991 


GOVERNOR— Continued. 

Proclamtion to be issued by for election on amendment placing 

% Montgomery county officials on salary basis-212, 214 

Proclamation to be issued by, for election on amendment to Con¬ 
stitution striking out sec. 250, providing a preference to 

holders of certain securities- 289 

Proclamation to be issued for election on amendment to Constitu¬ 
tion for issuance of bonds to retire floating debt of State— 260 

Proclamations for elections on amendments proposed to the Con¬ 
stitution _ 602 

Reef Warden to be appointed by- 147 

Reports of military affairs to be made to- 750 

Salary of, reduced after present term- 239 

Sale of school and indemnity lands to be approved by.- 266 

Staff of, reimbursed for expenses in attendance upon inaugura¬ 
tion of President Wilson_ 814 

State Pasteur Institute, rent to be certified by-- 539 

Supernumerary judge to be appointed by- 355 

Temporary loans, authorized to negotiate- 79 

Temporay loans, interest on to be expended by- 937 

Tuberculosis Commission to be appointed by- 648 

Vacancies in military offices filled by-751, 754 

Veterinary medical examiners board, appointed by- 126 

GOVERNOR’S MANSION. 

Appropriation for maintenance of repealed-- 158 

Appropriation for repairs, improvements and furnishing- 158 

Appropriation for repair, upkeep and new furnishings- 937 

Appropriation made to reimburse the Governor for moneys ex¬ 
pended in repairs and furnishings- 350 

GRAFANOLA DEALERS. 

License tax- 491 

GRAND JURIES. 

Prohibition laws, powers in reference to-11, 12 

GREENE, T. G. 

Appropriation for relief of_ 614 

GREENE COUNTY. 

Date for holding Circuit Court in_ 135 

GUARANTEE BONDS. 

Officials, clerks and employees required to make__115-119 

GUARANTY COMPANIES. 

License tax_ 495 

GUARDIAN AD LITEM. 

Act establishing office of amended- 260 

Qualifications of- 262 

GUARDIANS. 

Regulation of settlement of accounts of deceased- 338 

GYPSIES. 

License tax_ 505 

HAND BILLS. 

Circulation of untrue and misleading, prohibited_ 339 
































992 


INDEX. 


HARBOR COMMISSIONERS, BOARD OF. 

Board of State Harbor Commissioners constituted--_ 678 

Bonds may be issued by_ * 682 

Chief wharfinger appointed by_684, 695 

Governor to appoint members of_ ’ 678 

Jurisdiction of_ 679 

Meetings of____ 679 

Nuisances may be abated by_I_ 691 

Pilots appointed by__;_ 686 

Qualifications of members of_ 678 

Report to be made to Governor by_ 694 

Secretary, appointment and duties of_679, 683 

Surveys, fees for_ 693 

Terms of office of_ 679 

Vacancies in board_ 678 

HARBOR MASTERS. 

Duties and powers of, sec. 4906 of Code as to, amended_ 311 

Penalty for resisting or opposing_ 267 

HAWKS. 

Game laws of State do not protect_ 323 

HEADLIGHTS. 

Electric headlights required for railroads_ 257 

HEALTH. 

See Public Health. 

HEALTH DEPARTMENT. 

Appropriation for salary of clerk in_ 932 

Authority and jurisdiction of_ 653 

Health Officer to be bonded_ 117 

Powers and duties of_ 774 

Report to be made to, by county health officer_ 784 

Sanitary improvements by courts of county commissioners to be 

approved by- 548 

Supervision and control over the source or sources of supply of 

water works plants_;_ 733 

HEATING COMPANIES. 

License tax_ 519 

Subject to jurisdiction of public service commission_ 866 

HERBERT, WILLIAM F. 

Appropriation for relief of_ 868 

HIGH SCHOOLS. 

Cities and towns authorized to aid__ 203 

HIGH SCHOOL COMMISSION. 

Executive or secret meetings of prohibited_ 314 

HIGHWAY DEPARTMENT. 

Duty as to trunk highways_ 368 

Good roads day program to be prepared and distributed by___I. 352 

HIGHWAY ENGINEER. 

See Roads and Highways; see also Highway Department. 


































INDEX. 


993 


HIGHWAYS. 

See Roads and Highways. 

HOG CHOLERA SERUM. 

Laboratory for manufacture of_ 104 

HOLIDAYS. 

Fraternal day established as_ 31 $ 

HOLDEN, P. J. 

Invited to address Legislature_ 202 

HOME ECONOMICS. 

Instruction in_ $24 

HORSE DEALERS. 

License tax-504, gog 

HORSE SHOW. 

License tax_ 493 

HORTICULTURE. 

Protection to orchards, trees, vines and shrubs, and the products 

thereof - 553 

. HORTICULTURE, STATE BOARD OF. 

Bulletins to be prepared and issued by_ 926 

Consideration of appeals from County Horticulturist_ 571 

Constituted; powers and duties of_ 928 

HORTICULTURIST. 

Board of Horticulture_ 571 

County Horticulturist, duties of_ 568 

Infested or diseased trees, shrubs, plants, fruits, or vegetables_ 572 

Nurseries, cuttings of prunings to be destroyed_ 572 

Salaries of County Horticulturists_ 571 

Shipment of infected trees, shrubs, plants, fruits or vegetables_ 572 

State Horticulturist, duties of_568, 924 

HOUSE OF REPRESENTATIVES. 

Compensation of officers of regulated_ 285 

HOUSEHOLD GOODS AND WARES. 

Exemptions not to apply to_ 916 

HOSPITALS. 

White female nurses prohibited from nursing in wards or rooms 

in hospitals, in which negro men are placed for treatment_ 727 

HOTEL KEEPERS. 

Liens of regulated_ 265 

HOTEL OR LODGING HOUSE. 

License tax_ 595 

HOTELS. 

Obtaining food or lodging from, by fraud or misrepresentation_ 152 

HOWELL, MRS. MARGARET L. 

Appropriation for relief of_ 618 


32 GA 























994 


INDEX. 


HUEY, ROSE. 

Appropriation for relief of- 572 

HUNTING. 

Unlawful to bunt on land of another without permit- 617 

HUSBAND AND WIFE. 

Desertion and non-support by husband- 560 

Evidence may be given for or against each other in criminal 

cases- 042 

Grounds for divorce enlarged- 370 

HYDRO-ELECTRIC COMPANIES. 

Subject to jurisdiction of public service commission- 866 

ICE FACTORY. 

License tax_ 509 

ILLITERACY COMMISSION. 

Established_ 80 

ILLUMINATING OILS. 

License tax___ 515 


IMMIGRATION. 

Agriculture and Industries Department to encourage and promote 82, 83 


IMMIGRATION COMMISSION. 

Abolished by repeal of Sections 827-837 of the Code- 81 

INCORPORATIONS. 

Amendment of charters of educational corporations- 382 

Provisions for altering, amending or extending charters of- 160 

INDEBTEDNESS. 

County indebtedness may be refunded and new bonds issued- 84 

INDEMNITY CONTRACTS. 

Authorized - 315 

INDEMNITY LANDS. 

Sale authorized by Superintendent of Education_ 266 

INDEXES. 

Required to be kept by Probate Judge- 725 

INDIAN MOUNDS. 

Preservation of, regulated_ 728 

INDUSTRIAL ASSOCIATIONS. 

Deposit of with insurance commissioner to be repaid, when- 351 

Distribution of deposit in hands of insurance commissioner pro¬ 
vided for_ 103 

INDUSTRIAL SCHOOL FOR WHITE BLIND MEN. 

Established_ 920 

Location of_ 922 

Maintenance of_ 922 

Objects and purposes of school_ 922 

Officers of board_ 921 

Trustees, powers and duties of- 921 

Trustees to be appointed by Governor_ 921 




























INDEX. 995 

INFERIOR COURTS. 

Fees in cases before_ 635 

Jurisdiction of_ 535 

Justices of the peace, jurisdiction of vested in inferior courts_ 829 

Power to sentence to hard labor for payment of fine and costs_ 829 

Regulation of, in cities having more than 35,000 population_ 825 

INFERIOR CRIMINAL COURTS. 

Appeals from_ 356 

INITIATIVE, REFERENDUM AND RECALL ELECTIONS. 

Regulation of in cities of 100,000 population_ 322 

INKS. 

Best quality of to be used in public records_ 287 

INN KEEPERS. 

Liens of regulated_ 265 

INSANE HOSPITALS. 

Applications for admission_ 843 

Appropriation act for relief of J. M. Beach, Sr., and others, for 

payments made for lands to which hospital did not have title 629 

Appropriations for_ 844 

r Assistant superintendent of hospitals_ 841 

| Code sections 838-842, 844-857, 863, 868 , 877, and 878, in refer¬ 
ence thereto, amended_ 838 

Discharge of patients_ 844 

Examiner of accounts to audit books of_ 845 

Financial standing of indigent patients to be investigated_ 844 

Fiscal year of hospitals_ 839 

Governor, member of Board of Trustees_838, 840 

Insane persons entitled to admission to_ 842 

Meeting of trustees_ 840 

Nurses _ 841 

Officers of hospital_ 840 

Patients in_ 842 

Per capita allowance for patients_ 844 

Railroads or other roads through grounds of_ 844 

Records and books open to public_ l _ 842 

Steward of hospitals_ 841 

Superintendent of hospitals_ 840 

Treasurer _ 842 

Trustees of__ 839 

Unlawful to assist in escape of patients of from_ 928 

INSECT PESTS. 

Prevention of_ 926 

INSPECTION OF FOOD. 

Regulation of___ 660 

INSPECTOR OF JAILS AND ALMSHOUSES. 

Appropriation for clerks and employees in office of_ 932 

Appropriation for salary of_ 932 

INSURANCE. 

Appropriation for on Capitol building and furnishings_ 156 

Appropriation for on Capitol, furnishings, Supreme Court li¬ 
brary, and collections of Archives and History Department— 936 




































INDEX. 


996 


INSURANCE COMPANIES. 

Amount of capital and deposit with State Treasurer, fixed- 132 

Authorized to exchange reciprocal or inter-insurance contracts— 315 

Defined for taxation_ 505 

Deposit of with insurance commissioner to be repaid, .when- 351 

Issuance of certificates of to- 915 

License tax- 505 

Taxation of_ 505 


INSURANCE COMMISSIONER. 

Empowered to distribute deposit of Mutual Aid or Industrial 

Associations - 103 

Duty as to distribution of deposit of mutual aid or industrial 

Associations _ 351 

Indemnity contracts, duty as to- 315 

License fee to be paid by insurance companies making indemnity 

contracts _ 318 

Reports to be made to by insurance companies, exchanging reci¬ 
procal or inter-insurance contracts- 317 


INSURANCE DEPARTMENT. 

Bond to be given by commissioner_ 

Certificate to insurance companies_ 

Commissioner of to be appointed- 

Creation of_•- 

Deputy insurance commissioner may be appointed_ 

Examination of insurance companies- 

Examiners of accounts may be designated to assist in examina¬ 
tion of insurance companies_ 

Expenses in examination of insurance companies_ 

Foreign insurance companies_ 

Governor appoints commissioner of- 

Officers of insurance department_ 

Official Seal of_ 

Powers and duties of_ 

Rooms and quarters of_ 

Salary and term of commissioner_ 

Settlements to be made with State Treasurer by_ 


834 

836 
834 

834 « 

835 f 

837 


837 

837 

837 

834 

835 

836 
835 

835 
834 

836 


INSTITUTIONS, THE STATE. 

Investigation of, to be made by Joint Recess Investigating Com¬ 
mittee _ 208 

INTER-INSURANCE. 

Contracts of authorized_ 315 

INTERSTATE COMMERCE. 

Law regulating sale or lease of property of public utilities lim¬ 
ited as to property employed in_ 269 

INTANGIBLE PROPERTY. 

Public utilities, assessment of_ 437 

INTEMPERANCE. 

Act to further suppress the evils of intemperance_ 553 

Act to prevent advertisements of prohibited liquors_ 37 

Act to prevent shipments of liquors into this State_ 39 

Act to promote temperance and suppress the evils of intemper¬ 
ance _ 1 

Act to suppress the evils of intemperance, and to secure enforce¬ 
ment of prohibition laws_ 8 







































INDEX. 997 

INVESTIGATING COMMITTEE. 

Appropriation for expenses of_ 325 

Joint Recess Investigating Committee appointed_ 207 

ITINERANT AUCTIONEER. 

License tax_ 490 

ITINERANT VENDERS OF MEDICINES. 

License tax_ 518 

JACKSONVILLE NORMAL SCHOOL. 

Free scholarship in, provided by the United Daughters of the 

Confederacy _ 140 

JAILS. 

Prisoners in, affected with tuberculosis, to be removed_ 354 

JANITORS. 

Courts of county commissioners authorized to appoint in counties 

having 150,000 population_ 884 

JEFFERSON COUNTY. 

Appointment of bailiffs in_ 941 

Authorized to employ persons to enforce laws in reference to 

cruelty to animals_ 949 

1 Birmingham tax rate amendment proposed_ 674 

Coroner’s salary to be paid from county treasury_ 858 

Court of county commissioners authorized to appoint janitors_ 884 

Court of county commissioners authorized to employ chief clerk 

and assistant clerk_ 911 

Dairy inspection in Birmingham regulated_ 304 

Public highway east and west, and one north and south to be 
maintained by county authorities, where county has 200,000 

population _'_ 106 

Regulation of office of sheriff of_ 382 

JOINT COMMITTEE ON RULES. 

Report of, providing for Special Recess Committees on Judiciary, 

and on Finance and Taxation_ 49 

JOINT RECESS COMMITTEES. 

Expenses of- 325 , 326, 343 

Investigating Committee authorized_ 207 

Judiciary, and Finance and Taxation Committees authorized_ 49 

Per diem not to be paid member absent when committee is in 

session _ 205 

JOINT RESOLUTIONS. 

Administration shipping bill, memorial urging Senators and 

Representatives in Congress from Alabama to support_ 51 

Agricultural extension work, legislative assent to act of Congress, 

May 8 , 1914, and authorizing Trustees of the A. P. I. to 

receive grants under said act_ 49 

Biennial sessions of the Legislature proposed_ 715 

Committees to be appointed to urge upon Congress and others 

in authority, the importance of the Mussels Shoals project— 701 
Congress memoralized to bring about construction of a National 

system of good roads_ 342 

Congress memoralized to give Alabama an assignment upon the 

Rivers and Harbor Committee_ 776 



























998 


INDEX. 


JOINT RESOLUTIONS— Continued. 

Congress memoralized to improve Mobile Bay and river systems 

of Alabama_ 344 

Congress memoralized to provide plan for prevention of floods— 346 

Equalization Board authorized to purchase automobile and mo¬ 
torcycle tags, chauffeur’s licenses, stationery and supplies 

for immediate use_ 919 

Fire prevention day designated by resolution- 882 

General and local acts to be printed and bound alike in one 

volume each_ 833 

Holden, P. J., invited to address legislature_ 202 

Investigating Committee, Joint Recess, to be appointed- 207 

Jackson Highway memorial- 700 

Liquor advertisements, requesting Senators and Representatives 
in Congress from Alabama to secure passage of laws exclud¬ 
ing from U. S. mail_ 36 

Liquor advertisements, special commission appointed to visit 
Washington and present joint resolution to Alabama Senators 
and Representatives in Congress, to request their co-opera¬ 
tion in securing legislation prohibiting, in U. S. mail- 83 

Mobile port conditions to be investigated_ 204 

Montgomery, Congres memoralized to erect a new public build¬ 
ing in_ 263 

Official bonds, Joint Committee of Senate and House to ascertain 

whether State officials have complied with law governing- 37 

Per diem of members of Recess Committees regulated- 20& 

President Woodrow Wilson congratulated on securing German 
guarantee safeguarding non-combatants on liners of belliger- 

ants - 363 

Public Service Commission bills to be considered by Joint Com¬ 
mittee on Judiciary_— 205 

Recess Judiciary bills to be printed and distributed--T.— 918 

Sympathy of Alabama Legislature extended to cities of Texas 

suffering from hurricane- 344 

Tutwiler, Miss Julia S., expressive of sympathy for- 541 

University of Alabama Trustees requested to name Woman’s 

dormitory in honor of Miss Julia S. Tutwiler- 364 

JONES, EMMET A. 

Appropriation for relief of- 916 

JOURNALS OF HOUSE AND SENATE. 

Secretary of State to have bound in two volumes_ 267 

JUDGES. 

See also Circuit Judges. 

Chief Justice has jurisdiction over--- 592 

Inferior court, powers and duties of-- 825 

Suits improperly brought, practice as to- 830 

Transfer of causes from one docket to another, or from one court 

to another_ 832 

Jurisdiction of Chancellors conferred upon Circuit Judges- 608 

JUDGMENT DEBTORS. 

Discovery of assets of_ 927 

JUDGMENT. 

Appeals by married women- 715 

Enforcement of collection of facilitated_ 927 

Issue of executions on_ 270 
































INDEX 999 

JUDGMENT— Continued. 

Transfer of_ 591 

Void where rendered against person sued out of precinct of resi¬ 
dence _ 266 

JUDICIAL SALES. 

Purchasers protected at_ 611 

JUDICIAL SYSTEM OF STATE. 

Joint Recess Judiciary Committee to consider in recess_ 50 

JUDICIARY COMMITTEE, JOINT RECESS. 

Expenses of to be paid_ 343 

Joint Recess Committee on Judiciary authorized_ 49 

Public Service Commission bills to be considered_ 205 

JUDICIARY DEPARTMENT. 

Appropriation for salaries of judges, clerks and other officials— 933 
JUNK DEALERS. 

License tax_ 509 

JURY TRIALS. 

Method of securing in civil causes and in misdemeanors regu¬ 
lated - 939 

, Trial by in civil cases at law_ 824 

Trial without jury_ 940 

Unlawful detainer suits _ 612 

JUSTICES OF THE PEACE. 

Concurrent jurisdiction in cases for violation of game and fish 

laws - 143 

Costs, how awarded by_ 599 

Dockets to be kept by_ 264 

Garnishments before_ 313 

Jurisdiction in cases of injuries to stock by dog__ 600 

Jurisdiction in liquor cases_18, 32 

Jurisdiction of violations of law making telegraph and telephone 

messages confidential_ 322 

Proceedings before regulated_ 264 

Regulation of proceedings in criminal cases before, act of 1915 

repealed_ 918 

Venue of suits before_ 634 

JUSTICES OF THE PEACE AND NOTARIES PUBLIC, EX-OFFICIO. 

Proceedings before regulated_ 264 

JUVENILE COURTS. 

Powers and duties in protecting children_560, 578, 580, 584 

JUVENILE DELINQUENTS. 

Code and acts in reference to amended_ 577 

Youthful white girls may be committed to Mercy Home Industrial 

School _ 345 

KENNEDY COMPANY. 

Appropriation for relief of_ 543 

KNUCKS DEALERS. 

License tax_ 518 































1000 


INDEX. 


KYLE, J. A. 

Appropriation for relief of- 868 

LABORATORY FOR MAKING HOG CHOLERA SERUM. 

Provisions to establish_ 104 

LAMAR COUNTY. 

Date for holding Circuit Court in- 135 

LANDLORD AND TENANT. 

Code, section 4743, amended as to tenants in common- 134 

Right of landlord to abrogate lease for agricultural lands- 808 

Unlawful detainer suits_ 611 

LAND AGENT, OR CLERK. 

Appropriation for salary of_ 930 

Auditor authorized to appoint_ 217 

LAND AUCTIONEER. 

License tax_ 522 

LANDS. 

Affidavits or certified copies, showing relationship of parties, 

where filed for record, admitted in evidence-:— 919 

Auditor placed in charge of State lands- 217 

Land clerk in Auditor’s office may be sent to examine- 217 

Regulation of patents to owners or purchasers of 16th section ' 

land_ 718 

Sales of, for taxes_ 459 

LAUNDRY. 

License tax_‘- 510 

LAW AND EQUITY COURT JUDGES. 

Appropriations for salaries of- 935 

LEE COUNTY. 

Appropriation for salary of solicitor of- 936 

LEGISLATION. 

Commission to consider sundry subjects of- 944 

LEGISLATIVE INVESTIGATING COMMITTEE. 

See Investigating Committee. 

LEGISLATIVE REFERENCE WORK. 

Archives and History Department commended for- 917 

LEGISLATURE. 

Appropriation for distributing acts and journals of- 156 

Appropriation for expenses of_130, 153, 264, 356 

Appropriation for payment of per diem and mileage of members, 

officers and employees of- 356 

Appropriation for per diem and mileage of session of 1919- 936 

Appropriation for preparing copies of acts for public printer—157, 937 
Appropriation for Secretary of Senate and Clerk of House for 


Appropriations for relief of officers of- 867 

Biennial sessions, Constitutional amendment for proposed- 715 

Compensation of officers for preparing indexes to journals of 

Senate and House of Representatives- 937 





























INDEX. 


1001 


LEGISLATURE— Continued. 

Compensation of officers of, regulated_ 285 

Counties authorized to pay for advertising notice and substance 

of local bills_ 845 

General acts and local acts to be printed and bound alike in one 

volume each_ 833 

General acts, provision for the prompt publication of_ 159 

Holden, P. J., address before_ 202 

Journals of Senate and House of Representatives to be bound in 

two volumes_ 267 

Printing acts and journals of_ 714 

LIBRARIAN AND MARSHAL. 

Appropriation for salary of_ 934 

LIBRARIES. 

Reports to be made by, to Archives and History Department_ 745 

Taxation of private_ 391 

LICENSE TAXATION. 

See also License Taxes, Subjects of. 

Confederate veterans may peddle free of license tax_ 518 

County license tax, fifty per cent of State license tax_ 527 

Inspectors of licenses appointed by State board of equalization. 528 

License law to be printed_ 703 

License record_ 530 

Liens for license taxes_ 529 

Municipalities, maximum amount of license tax which may be 

collected by, on public utilities_ 520 

Municipalities, taxes may be levied by, in addition to State taxes 502 

Person defined_ 533 

Persons, firms or corporations liable for_ 490 

Place of business to be designated in license-_ 336 

Probate Judge, duty in issuing licenses_ 530 

Probate Judge, license tax paid to, for county_ 527 

Refund of money paid for, authorized_ 120 

Union veterans may peddle free of license tax_ 518 

LICENSE TAXES, SUBJECTS OF. 

Abstract companies_ 490 

Actuaries or public accountants_ 491 

Adding machine dealers_ _ 491 

Agricultural implement peddlers_ 526 

Amusement parks_ 491 

Architects _i_ 491 

Attorneys-at-law _ 510 

Auctioneers_:_ 491 

Automobile or motor cars_491, 492 

Automobile dealers_ 494 

Automobile garages_ 494 

Baggage transfer business_ 526 

Bankrupt, insolvent fire sales_ 503 

Baseball parks_ 494 

Bicycle dealers_ 495 

Billboards _ 495 

Billiard tables_ 495 

Bonding companies_ 495 

Bottling works_ 495 

Bowling alleys _ 496 

Bridge contractors_ 499 














































1002 


INDEX. 


LICENSE TAXES, SUBJECTS OF— Continued. 

Building and loan associations-496, 877 

Cafe _ 521 

Cane or knife rack- 500 

Canvassers _ 526 

Cars, not otherwise listed for taxation- 521 

Cash register dealers_ 491 

Certificates or trading stamps_ 525 

Churn peddlers_ 527 

Ciders, dealers in_ 496 

Cigarette and cigarette paper dealers_ 496 

Circus proprietors _ 497 

Civil, electrical, mining or mechanical engineers_ 501 

Clairvoyant_ 504 

Clock peddlers_ 526 

Coal and coke dealers_ 498 

Coffin dealers _ 500 

Cold storage business_^- 498 

Collecting agencies _ 498 

Commercial agencies_ 499 

Commission merchant_ 496 

Compress owners _ 499 

Concerts_ 499 

Confederate veterans may peddle free of license tax- 518 

Contractors for bridges, dams, water works, roads, railroads 

or other structures of like nature- 499 

Cotton buyers _ ^99 

Cotton factory _ 499 

Cotton seed oil mills, cotton mills, or cotton factories- 499 

Cotton warehouses_ 527 

Credit associations_ 499 

Dam contractors_ 499 

Damaged goods sales_ 503 

Dance entertainments _ 501 

Dealers in witness script_ 527 

Dentists _ 500 

Detective agencies_ 500 

Dictaphone dealers_ 491 

Dining cars_ 521 

Directory makers_ 500 

Dog and pony show_ 498 

Dogs _-_ 599 

Electric light power plant- 519 

Electrical engineer_ 501 

Embalmers __ 500 

Emmigrant agents_ 501 

Engineers _ 501 

Express companies__ 501 

Eye glass venders--- 503 

Factories _,-- 499 

Farm produce_-— 164 

Feather renovators_—-— 501 


Ferries 


526 


Fertilizer factories_ 

Fire adjusters__ 

Fire arms dealers_^ 

Fire works--- 

Flying jenny-- 

Foreign insurance companies 
m Fortune tellers- 


__ 503 

__ 491 

__ 518 

r-fu 

.497, 504 
__ 508 

- 504 





























































INDEX. 


1003 


LICENSE TAXES, SUBJECTS OF —Continued. 

Fruit stands.- 504 

Fruit venders- 504 

Gas fitters_ 519 

Gas works_ 519 

Grafanola dealers_ 491 

Guaranty companies_ 495 

Gypsies _ 505 

Heating company_ 591 

Horse dealers___'_504-505 

Horse show_ 498 

Hotel or lodging house_ 505 

Ice factory_ 509 

Illuminating oils_ 515 

Insurance companies_505-509 

Itinerant auctioneer_ 490 

Itinerant venders of medicines_ 518 

Junk dealers_ 509 

Knucks dealers_ 518 

Land auctioneers_ 522 

Laundry _ T __ 510 

Lightning rod agents_ 510 

Local telephone business_ 523 

Lodging houses_ 505 

Long distance telephone business_ 524 

Lunch counters_ 521 

j Marble monument dealers_ 510 

Master plumber and gas fitter_ 519 

Menageries_497, 509 

Merchandise brokers_ 49G, 510 

Merchandise warehouses_ 527 

Merry-go-rounds_ 497 

Mining engineer_ 501 

Money lenders_^_ 510 

Monument dealers_ 510 

Mortgage, filing fee for_ 511 

Motor cycles_ 492 

Motor vehicles_ 491 

Moving picture shows_ 525 

Mule dealers_ 504 

Museums, travelling_ 509 

Musical entertainments _ 499 

Music dealers_ 519 

News companies_ 514 

News dealers on trains_ 514 

News stands_ 515 

Nickel-in-the-slot machine_ 509 

Ooculist, optometrists, or opticians_ 515 

Oil mills, cotton seed_ 499 

Organ dealers _ 519 

Osteopath _ 516 

Palace cars_ 521 

Palmists _ 504 

Parlor cars_ 521 

Passenger transfer business_ 526 

Patent rights sellers_ 516 

Pawn brokers_ 516 

Peddlers of medicine_ 517 

Penny arcade_ 509 

Phonograph dealers_ 491 






























































1004 


INDEX. 


LICENSE TAXES, SUBJECTS OF— Continued. 

Physicians_ 501 

Physicians or surgeons_ 517 

Piano dealers_ 519 

Picture solicitors_ 518 

Pig iron storage yards_ 518 

Pin pool tables_ 519 

Pistol dealers_ 518 

Playing card dealers_,___ 496 

Plumbers ___ 519 

Pool tables for playing pin pools_ 519 

Probate Judge, license tax paid to, for county_ 527 

Produce dealers_ 164 

Professional actuary_ 491 

Public halls_ 519 

Public lectures_ 499 

Public parks_ 491 

Public utilities_ 519 

Race Tracks_ 520 

Railroad contractors_ 499 

Railroad ticket broker_ 520 

Ranges, selling of_ 522 

Real estate dealers on commission_ 522 

Restaurant and lunch counters_ 521 

Road contractors_ 499 

Roller coaster_ 504 

Sales _ 503 

Sellers of patent rights_ 516 

Sewing machine agents_ 521 

Shooting gallery_ 521 

Shot gun dealers_ 518 

Side shows_ 497 

Skating rinks_ 522 

Sleeping cars_ 521 

Sleight of hand exhibitions_ 510 

Slot machines_ 509 

Soda fountains_ 521 

Soft drink stands, or soda fountains_ 521 

Spectacle dealers_ 503 

Stamps, trading_ 525 

Stock and bond dealers_ 522 

Stoves or ranges, selling of_ 522 

Street parades_ 497 

Street railway_ 519 

Subscription agents_ 495 

Supply cars_ 522 

Surety companies_ 495 

Surgeons _ 517 

Talking machine dealers_ 491 

Telegraph business _ 523 

Telephone companies _520, 524 

Telephone exchanges_ 523 

Ten pin alleys_ 496 

Testing devices_ 500 

Theatres _ 525 

Throwing devices_ 500 

Toll bridges_ 526 

Town lots, sale of on commission_ 522 

Traders or transient dealers_ 490 





























































INDEX. 


1005 


LICENSE TAXES, SUBJECTS OF— Continued. 

Trading stamps- 

Transfer companies- 

Transient auctioneers- 

Traveling photographers- 

Typewriter and other office machines- 

Union veterans may peddle free of license tax 

Vaudeville or variety shows- 

Vehicle peddlers - 

Veterinary surgery- 

Victrola dealers- 

Warehouses- 

Washing machine peddlers- 

Water works- 

Water works contractors_ 

Witness script dealers- 


525 

526 

490 
516 

491 

518 

525 

526 
522 
491 

527 
527 

519 
499 
527 


LIFE INSURANCE. 

Insurance Department for regulation of. 


834 


LIENS. 

Laborer’s lien, Code section 4743 amended- 

Liens for license tax- 

Timber, lumber or cross ties subject to, in favor of laborers 
and employees of saw mills, planing mills, or of persons, 
firms or corporations engaged in milling or lumber business 


112 

529 

374 


LIGHTNING ROD AGENTS. 
License tax- 


510 


LIMITATION. 

Charging lands of estates of decedents- 547 

Proceedings to disbar attorneys--- 928 

Recovery of personal property, or its value, or for the recovery 

of damages for conversion thereof- 142 


LIQUORS. 

Act to promote temperance and suppress the evils of intemper¬ 
ance _ 1 

Act to suppress the evils of intemperance, and to secure en¬ 
forcement of prohibition laws- 8 

Act to prevent advertisements of prohibited liquors- 37 

Act to prevent shipments into this State of liquors- 39 

Act to further suppress the evils of intemperance- 558 

Action against intoxicated persons for damages- 10 

Advertisement of liquors on street car, railroad car, or at public 

resorts, or on bill boards, prohibited- 3T 

Advertisement of prohibited liquors by circulars, poster, price 

lists, newspapers, periodicals or otherwise, forbidden- 27 

Affidavit, prosecutions may be begun by- 32: 

Agent or assisting friends of seller or buyer of prohibited liquors 

to be punished_ 34 

Alcohol, purchase regulated- 4 

Alcoholic liquors defined_1, 8, 631 

Appeals in liquor cases_21, 22 

Baggage, shipment of liquors as, prohibited- 46 

Banks prohibited from collecting drafts, bills of exchange or 

other orders for liquors_43, 44 

Bonds for injunction to abate liquor nuisances not required- 15 

Bonner anti-shipping law_:-39, 555 









































1006 


INDEX. 


LIQUOR S— Continued. 

Brewers defined_ 2 

Brewers, distillers, rectifiers of spirits or retail or wholesale 
dealers in liquors, or retail or wholesale dealers in malt 

liquors, business of made unlawful_ 3 

Building or premises in which sale or manufacture prohibited, 

defined _ 9 ? io 

Carriers prohibited from transporting prohibited liquors within 

this State_ 34 

Charter of club violating prohibition law may be forfeited_ 4 

Club rooms, or other places, in which liquors are kept for sale, 

unlawful drinking places_ 3 

Common carriers not to receive prohibited liquors for shipment- 27 
Common carriers required to permit examination of books, etc., 

in prosecutions of violations of liquor laws__ 48 

Common nuisances, unlawful drinking places so declared_ 3,4 

Contraband, prohibited liquors declared_ 17 

Damages by intoxicated persons to be paid to wife, child, par¬ 
ent, etc. __ 10 

Dealers in liquors defined_ 1 

Definitions _ 131 

Delivery of liquors, hours of_ 553 

Destruction of liquors_ 22 

Distillers defined_~_ 2 

Distribution of moneys held by excise commissions_ 359 

Domestic wines or cordials not prohibited_ 1 

Druggists may sell alcohol on being registered and paying spe- 


Dwelling house, liquors kept in not for sale, not prohibited_ ’ 9 

Employee not excused from testifying against principal_ 12 

Employees of railways or street railways, or steam vessels, who 

become intoxicated, guilty of misdemeanor_ 10 

Evidence in cases of violation of prohibition laws_ 


-12, 13, 17, 23, 26, 31, 33, 48 

Excise commissions abolished_ 249 

Express company prohibited from transporting liquors into this 

State in violation of prohibition laws_ 39 

Express company to file statement of liquors transported, in 

office of Probate Judge_41, 43 

Fees in liquor cases_ 17 

Forfeiture of liquors_16, 17 

Fuller Bill, section 3 of repealed_ 38 

Grand Juries, general inquiry as to violation of prohibition laws 

may be made_ 12 

Grand Juries, no discretion as to indictments for violation of 

liquor laws_ 12 

Grand juries, powers in reference to prohibition law__ 11 

Hours for the delivering of liquors_ 553 

Immunity from prosecution for testimony in liquor cases_ 48 

Incorporations of mercantile or beverage companies to contain 
statement that no right, power or authority is conferred to 

sell prohibited liquors_ 28 

Indictments, complaints or affidavits, sufficiency of in charg¬ 
ing violation of liquor laws_ 30 

Injunction to abate unlawful drinking place may be issued_3, 557 

Intoxicants defined_ 1 

Intrastate shipment of prohibited liquors_ 46 

Judges must charge liquor laws specially_ 12 

Jurisdiction, prosecutions of common carriers may be begun in 

any county of State in which lines run_ 48 












































INDEX. 


1007 


LIQUORS— Continued. 

Justices of the Peace, jurisdiction in liquor cases- 

Keeping or having in possession prohibited- : - 

Lessee using premises for sale or manufacture of liquors for¬ 
feits rights-;- Jz 

Liberal construction to be placed on prohibited law- od 

Liquor nuisances- 

Malt liquor dealers defined-- ® 

Manufacture of liquors prohibited--- ~ 

Military camp or station, sale or giving way of liquors m or near 
Minors, railroad and express companies prohibited from deliver¬ 
ing, liquors to- 

Near beer prohibited--------y“ *’ 

Newspapers, periodicals or other written or printed matter tor- 
bidden to circulate or be published in which liquor adver- 

tisements appear- 

Nuisances, abatement of liquor- 44 

Nuisances, liquor, defined- ^ 

Officers, duty as to liquors seized- jjj”? 

Orders for to be in writing- 

Orders for prohibited liquors shall not be taken from without 

Pabst mead prohibited- '! 

Packages of liquors not to be broken on premises of shippers- 4b 

Parks Bill, 1911, repealed---- * 

Physicians, how punished for violating prohibition law- 14 

Pictures of breweries, distillers, bottles, kegs, barrels, boxes, 
or other liquor receptacles in, prohibited liquor advertise¬ 
ments forbidden- 3S 

Places, certain where liquors are kept, declared unlawful- 3 

Practice in injunction cases to abate liquor nuisance- IS 

Prescriptions by physicians-- 4, 5 

Prima facie evidence that liquors are unlawfully kept-45, 47 

Principal not excused from testifying against employee- 12 

Prisoners, liquors not to be sold or given to- 10 

Probate Judge, duty as to anti-liquor shipping bill-41, 42 

Probate Judge, statements and prescription filed in office of-4, 5, 6 

Prohibited beverages not to be kept on premises where legiti¬ 
mate beverages are sold-- 13 

Prohibited liquors and beverages defined--- 1, 31 

Property owners not to suffer premises to be used for sale, or 

manufacture of liquors- 8 

Property rights in liquors- 555 

Prosecutions for violations of liquor law may be begun by affi¬ 
davit -- 7 --;- 32 

Public drinking on passenger cars or in waiting rooms prohibited 29 

Punishment for manufacture, sale, or offering .for sale-1-2, 558 

Punishment for violation of prohibition laws--—-—- 34 

Quantity of liquors which may be kept----—44, 555 

Railroad company, express companies or other carriers, punish¬ 
ment of for violation of prohibition laws- 48 

Railroad company, hours for delivery of liquors— ---- 553 

Railroad company prohibited from transporting liquors into this 

State in violation of prohibition laws--- 39 

Railroad company, to file statement of liquors transported, in 

office of Probate Judge----41, 43 

Retail dealers in liquors defined-- 1 

Retail druggists may sell for medicinal purposes-4 

Sacramental wines, how secured--5, 554, 556 

Sale of prohibited--:- 2 













































1008 


INDEX. 


LIQUORS— Continued. 

Search warrants for prohibited liquors authorized_18, 23, 24 

Sheriff fees for services under prohibition law__14, 589 

Sheriff or police officer may remove signs, bill boards or other 

advertising devices of liquors_ 3 g 

Sheriff to furnish list of persons paying XL S. internal revenue 

tax to solicitor_ 29 

Sheriffs, duty as to enforcing prohibition laws_ 30 

Sheriff s duty to secure from the U. S. internal revenue collector 
lists of dealers to whom license or tax stamps have been 

issued, and to publish in county newspaper_ 13 

Shipments from State, when_~ 632 

Signs containing name of prohibited liquors prohibited on prem¬ 
ises _ 04 

Smith Bill 1911, repealed_~~ 7 

Solicitors, duty to enforce prohibition laws_29, 32, 38 

Solicitor s fees in cases of illegal manufacture of liquors_ 136 

Special Commissions apopinted to visit Washington and present 
joint resolution to Alabama Senators and Representatives in 
Congress, to request their co-operation in securing legislation 

prohibiting liquor advertisements in U. S. mails_ 83 

Tippling houses prohibited_ 11 

Transfer companies not to receive prohibited liquors for delivery 28 

Trials for violation of prohibition laws_ 25 

Unconstitutionality destroys only the portion so declared_I_I_ 6 , 35 , 47 
United States, powers of as to regulation of commerce, no intent 

to interfere with_ 7 ? 35 47 

U. S. Senators and Representatives from Alabama in Congress 
requested to secure passage of laws, excluding liquor adver¬ 
tisements from the mail_ 36 

Unlawful drinking places defined_ 3 

Venue in liquor cases_ 48 

Warehouses not to receive prohibited liquors for distributiop_ 27 

Warrants authorized against unknown occupants believed to be 

violating prohibition law_ 10 T 11 

White top prohibited_ 7 ^ 9 

Wholesale dealers in liquors defined_ ’ 2 

Wholesale druggists may sell liquors in wholesale quantities, to 

certain persons for medicinal purposes__ 4 , 556 

Wine making not prohibited_ 1 

Witnesses, required to testify before grand juries as to violations 12 
Wood alcohol, sale not prohibited_ q 

LIS PENDENS. 

Records to be kept in office of Probate Judge_ 122 

LITERARY CLUBS. 

Mortgages or deeds of trust upon property of, how executed_ 874 

LIVE STOCK SANITARY BOARD. 

Amendment of Code section 757, establishing__ 130 

Appropriation to aid in tick eradication_ 204 

Tick eradication elections authorized by counties_ 123 

LIVINGSTON NORMAL SCHOOL. 

Free scholarship in, provided by the United Daughters of the 

Confederacy _ 140 

LOCAL ACTS OR LAWS. 

County authorities authorized to publish in newspaper_ 119 



































INDEX. 


1009 


LODGING HOUSES. 

License tax_ 505 

LOEB HARDWARE COMPANY. 

Appropriation for relief of_ 544 

LONG DISTANCE TELEPHONE BUSINESS. 

License tax_ 524 

LOTTERIES. 

Unlawful to conduct_ 357 

LOVEMAN, JOSEPH AND LOEB. 

Appropriation for relief of_ 938 

LUMBER BUSINESS. 

Lien in favor of laborers or employees of owners of saw mills, 
or of persons, firms or corporations engaged in lumber busi¬ 
ness _ 374 

LUNCH COUNTERS. 

License tax_ 521 

MCINTYRE, MISS MARY. 

Appropriation for relief of_ 540 

MANUFACTURING OR INDUSTRIAL PLANTS. 

Regulation and abatement of nuisances caused by_ 744 

MARKETS. 

No license fee required to be paid in cities or towns by farmers 

for sale of their own farm products in_ 846 

Regulation of business of dealers in farm produce_162, 776 

Regulation of markets_ 619 

MARSHAL AND LIBRARIAN. 

Appropriation for salary of_ 934 

Appropriation for salary of assistant librarian_ 934 

MARSHALL AND BRUCE COMPANY. 

Appropriation for relief of_ 741 

MASTER PLUMBER AND GAS FITTER. 

License tax--‘_ 519 

MATTRESSES. 

Label and brand to be attached to___ 275 

Materials for manufacture of_ 276 

Penalty for violation of act_ .276 

Renovation of_ 275 

Unsanitary, old or second hand materials in manufacture of, pro¬ 
hibited _ 275 

MAYFIELD’S DIGEST. 

Distribution of_ 203 

Secretary of State authorized to purchase 7th volume_ 202 

MEDICAL ASSOCIATIONS. 

Provisions for altering, amending or extending charters of_ 160 

MEDICAL COLLEGE OF ALABAMA. 

Class A, School of Medicine to be maintained_ 133 




























1010 


INDEX. 


MEDICINE. 

Practicing without license____ <»6l 

MEMORIALS. 

See Joint Resolutions. 

MENAGERIES. 

License tax_:_ 509 

MERCANTILE PAPER COMPANY. 

Appropriation for relief of_ 545 

MERCHANDISE BROKERS. 

License tax_496, 510 

MERCHANDISE WAREHOUSES. 

License tax_ 527 

MERCY HOME INDUSTRIAL SCHOOL FOR GIRLS. 

Act providing State aid for amended-- 345 

Appropriation for_ 345 

Juvenile white girls may he committed to- 345 

MERRY-GO-ROUNDS. 

License tax_ 497 

MESSENGER IN EXECUTIVE OFFICE. 

Appropriation for salary of_ 929 

MICKLE, H. M. 

Appropriation for relief of_ 642 

MILITARY COURTS. 

Regulation of- 760 

MILITARY OFFENSES. 

Defined-—- 758 

MINE INSPECTOR, THE CHIEF. 

Appropriation for salaries of chief and associate mine inspectors 931 
Expenses of mine inspector_ 931 

MINING, MANUFACTURE AND QUARRYING CORPORATIONS. 

Rights of way may be acquired or condemned by-— 779 

MOBILE. 

State Harbor Commissioners constituted- 978 

MOBILE BAY. 

Congress memoralized to improve Mobile Bay and River system 

of Alabama 344 

MOBILE CITY. 

Act of April 8, 1911, providing commission form of government In 

certain cities and towns, amended_ 899 

Congress memoralized to give Alabama an assignment upon the 

Rivers and Harbor Committee___——-r~ T - 776 

Fees and revenue of * harbor master and port wardens——_- 87 

Harbor master salary___. —_——- 87 

Medical College of Alabama____- —135 

























INDEX. 


1011 


MOBILE CITY— Continued . 

Port conditions to be investigated by Finance and Taxation Com¬ 
mittee _ 204 

Railroad terminals may be acquired by_ 307 

Reports to city clerk to be made by harbor master_ 88 

Water terminals may be acquired by_ 290 

MOBILE COUNTY. 

County board of education authorized to provide teachers’ pen¬ 
sions - 385 

Harbor master’s salary to be paid by_ 88 

Oyster reefs in_145, 151 

Relief of Thomas J. Palmer, ex-sheriff of___ 881 

Solicitor to aid in collecting amounts due Alabama Oyster Com¬ 
mission _*_ 149 

Time of holding court in 13th circuit_ 352 

Trained nurses authorized in_ 379 

MOBILE RIVER COMISSION. 

Powers of referred to_ 311 

MONEY LENDERS. 

License tax_ 510 

MONTGOMERY AND CHATTANOOGA RAILROAD COMPANY. 

Two and three per cent fund appropriated to_ 340 

MONTGOMERY CITY. 

Congress memoralized to erect new public building in_ 263 

MONTGOMERY COUNTY. 

Amendment to Constitutin placing officers of Montgomery county 

on salary basis_ 211 

Boards of revenue, compensation of_ 488 

Regulation of office of sheriff of_ 382 

MONTGOMERY LIGHT AND WATER POWER COMPANY. 

Appropriation to pay claim of_ 546 

MONUMENT DEALERS. 

License tax_ 510 

MORTGAGES. 

Execution of by incorporated social and literary societies or 

clubs _ 874 

Filing fee- 511 

Partial payment of mortgage debt to be entered_ 353 

MOTOR-CYCLES. 

License tax_ 492 

MOTOR VEHICLES. 

See also Automobiles. 

License tax_ 491 

MOTOR VEHICLE DEPARTMENT. 

Officers, clerks and employees in to be bonded_ 115 

MT. VERNON HOSPITALS. 

See Insane Hospitals. 





























1012 


INDEX. 


MOVING PICTURE SHOWS. 

License tax--- 525 

MULBERRY FORK OF WARRIOR RIVER. 

See Warrior River. 

MULE DEALERS. 

License tax_ 504 

MUNICIPAL BONDS. 

Election for_ 556 

MUNICIPAL COURTS. 

Exoneration of sureties on appeal or appearance bonds in cases in 139 

MUNICIPALITIES. 

See Cities and Towns. 

MUSEUMS, TRAVELING. 

License tax- 509 

MUSIC DEALERS. 

License tax- 519 

MUSICAL ENTERTAINMENT. 

License tax- 499 

MUSSEL SHOALS. 

Joint resolution providing for the appointment of committees to 
urge upon Congress and others in authority, the National 
importance of the adoption of a system of improvements for 
Mussel Shoals on the Tennessee river- 701 

MUTUAL AID ASSOCIATIONS. 

Deposit of with insurance commissioner to be repaid, when- 351 

Distribution of deposit in hands of Insurance Commissioner pro¬ 
vided for - 103 

MUTUAL CO-OPERATIVE SOCIETIES OR ASSOCIATIONS. 

Incorporation of authorized- 368 

NATIONAL BANKS. 

State banks may be converted into- 77 

NATIONAL GUARD, THE ALABAMA. 

Active service defined_749, 750 

Adjutant-General, powers and duties_ 746 

Annual encampments - 763 

Appropriation for transportation of- 766 

Appropriation for salaries of office of Adjutant-General- 747 

Appropriations for encampments_ 206 

Assistant Adjutant-General_ 747 

Band of musicians may be organized_ 754 

Blank books and stationery to be prepared by Adjutant-General 746 

Board of Examination, powers and duties of- 751 

Bond to be.given by Adjutant-General and Assistant Adjutant 

General_ 747 

Bond to be required of officers holding public military property, 

or to whom money is paid for disbursement_ 748 

Commanding officers to inspect commands and make reports to 

Governor _ 750 


























INDEX. 


1013 


NATIONAL GUARD, THE ALABAMA— Continued. 

Commissions to officers_ 756 

Commissions, when revoked by Governor_ 751 

Commutation allowed, when_ 752 

Companies, or other organization not to go out of county in 
which stationed, or out of State, except by permission of 

Governor _ 754 

Companies, quarterly reports of expenses_ 752 

Companies, troops, or batteries, how formed_ 752 

Compensation of officers and enlisted men in active service_ 749 

Constituted and regulated_745-766 

Counties may appropriate for expenses of companies, troops or 

batteries_ 753 

Courts martial, grounds for_ 758 

Courts, Military _ 760 

Deserters_'_ 763 

Disbanding of companies, troops or batteries_ 756 

Disbursements of, regulated by Governor_ 206 

Disbursing officer of Federal funds_ 748 

Discharges of officers or enlisted men_ 757 

Discrimination against men in uniform_ 766 

Division, when State organized into_ 764 

Drills or practice marches, number required and regulation of_ 753 

Elections to fill vacancies_ 754 

Enlisted men, trial of_ 758 

Equipment of companies, troops, or batteries_ 752 

Examiners of Accounts to audit books of Adjutant-General_ 749 

Examining Boards_ 756 

Exemption from poll and street tax, road and jury duty_ 762 

Expenses of courts martial_ 761 

Expenses of general officers and staff_ 764 

Expenses of travel on military business__ 761 

Fees for physical examination_ 755 

Field officers, how elected_ 751 

Fines imposed _ 758 

Forfeitures of allowance_ 764 

General officers, when appointed_ 764 

Governor commander-in-chief of_ 745 

Guard houses may be established_ 762 

Line officers, how elected_ 751 

Liquors prohibited in vicinity of military camps or stations_ 763 

Medical supplies may be purchased_ 762 

Military courts _ 760 

Military offenses defined_ 758 

Military property, depository for_ 756 

Naval militia may be organized_ 745 

Officers, duties on active service_ 749 

Officers of National Guard, and office expenses___ 748 

Officers, trials of_ 758 

Orders, rules and regulations to be prepared and published by 

Adjutant-General _ 746 

Parades, reviews and escort duty may be directed by Governor, 

and payment made therefor_ 750 

Pay and travel allowance_ 749 

Pay of members of band_ 754 

Physical examination required_-_ 755 

Police powers of commanding officers_ 762 

Reduction of officers to ranks_ 757 

Report to be made to Governor by Adjutant-General_ 748 

Retirement, when allowed_ 766 























































1014 


INDEX. 


NATIONAL GUARD, THE ALABAMA— Continued. 

Returns to Secretary of War to be made by Adjutant-General_ 747 

Revocation of Commissions_ 757 

Roster of troops to be made by Adjutant-General_ 746 

Salary of Adjutant-General and other officers_ 747 

Staff of commander-in-chief_ 746 

Staff officers perform like duties as staff officers of U. S. Army- 750 

Stenographer in office of Adjutant-General_ 747 

Stenographic reports at courts martial_ 761 

Subsistence and quarters, when allowed_ 750 

Surgeons, expenses for medical supplies_ 762 

Terms of enlistment_ 756 

Transfers, regulation of_ 755 

Uniform, not to be sold, loaned or given away_ 765 

Uniform, offenses against_ 765 

Uniform, who entitled to wear_ 765 

Uniforms, arms and equipment, regulation of_755, 756 

U. S. Regulations to obtain in administration of National Guard 745 

Vacancies, how filled_ 754 

Vacancies in field offices, how filled_ 751 

Vacancies in staff_ 746 

Voting, who may participate in elections_ 754 

NAVAL MILITIA. 

Counties authorized to make appropriations for expenses of_ 945 

NAVIGABLE WATERS. 

Rights of riparian owners_ 639 

NEW TRIALS. 

Granting or refusing motions for_ 722 

NEWS COMPANIES. 

License tax_ 514 

NEWS DEALERS ON TRAINS. 

License tax_ 514 

NEWS STANDS. 

License tax_ 515 

NEWSPAPERS AND PERIODICALS. 

Appropriation for publication of Governor’s proclamation for 

proposed Constitutional amendment, 1912_ 142 

Liquor advertisements forbidden_ 38 

Political advertisements in, regulated_ 255 

Publication of untrue and misleading advertisements prohibited- 339 

NICEEL-IN-THE-SLOT MACHINE. 

License tax_ 509 

NON-RESIDENTS. 

Procedure in giving notice to_ 604 

NORMAL SCHOOLS. 

Additional powers, duties and authority vested in board of trus¬ 
tees of Normal Schools for white students_ 846 

NOTARIES PUBLIC, EX-OFFICIO JUSTICES OF THE PEACE. 

Proceedings before regulated_ 264 


































INDEX. 


1015 


NOTICE. 

Practice in giving notice by courts to non-residents_ 604 

NUISANCES. 

Abatement of_ 854 

Caused by manufacturing or industrial plants, how regulated_ 744 

NURSES. 

Board of nurses examiners created- 271 

Bryce Hospital training school for nurses- 273 

Certificate of registration may be revoked_ 274 

Certificates issued by_ 272 

Examination of nurses_ 272 

Expenses of board_ 272 

General hospital defined_ 274 

Graduates from other States not examined_ 273 

Meetings of board_ 272 

Penalties for violating registration act- 274 

Powers of board_271-274 

Qualifications of nurses_ 273 

Registered nurses_ 273 

State registration of_ 271 

Terms of board_ 271 

Trained nurses may be appointed by county commissioners of 

counties having 75,000 and not less than 82,000 population— 379 

White female nurses prohibited from nursing in wards or rooms 

. in hospitals, in which negro men are placed for treatment— 727 

OATHS AND AFFIDAVITS. 

Supreme Court Judges may administer and take- 35 

OCCULISTS, OPTOMETRISTS, AND OPTICIANS. 

License tax_ 515 

OCCUPATIONS. 

Child labor not permitted in certain occupations--- 194 

OFFICERS, COUNTY. 

Duties of county officers to maintain offices in all places in their 
counties where circuit court or courts of like jurisdiction are 
held _-___ 549 

OFFICERS, STATE. 

Amount which may be expended by candidates for office of_ 251 

Guarantee bonds required by_ 115 

OFFICES ABOLISHED. 

Alabama Oyster Commission_ 149 

Cotton Statistics Bureau_-76, 78 

County tax commissioners_ 107 

Immigration Commission _ 81 

OFFICES AND DEPARTMENTS OF STATE. 

Blank books, stationery, offices supplies and printing to be se¬ 
cured through State Board of Purchase_ . 370 

Fees charged for information to be turned into State treasury__ 726 

Inventories to be kept of furniture, fixtures and supplies of_ 372 

Penalty for violation of requirement as to fees and fee book—— 727 

Register of fees to be kept______——- — 727 































1016 


INDEX. 


OFFICIAL BONDS. 

Joint Committee appointed to ascertain whether State Officials 

have complied with law requiring_ 37 

OFFICIAL REPORTERS. 

See Court Reporters. 

OIL MILLS, COTTON SEED. 

License tax_ 499 

O’NEAL, GOV. EMMET. 

Certain contracts and agreements made by, for ratification of_ 879 

ORCHARDS. 

Protection of_ 568 

ORDINANCES. 

Regulation of keeping and publication of, by cities and towns_ 735 

ORGAN DEALERS. 

License tax_ 519 

OSTEOPATH. 

License tax_ 515 

OWEN, DR. THOMAS M. 

Work as Director of Archives and History Department com¬ 
mended _ 917 

OWLS. 

Game laws of State do not protect_ 323 

OYSTER COMMISSION. 

Abolished_ 149 

Appropriation to pay unpaid salaries of_ 739 

OYSTER REEFS. 

Control of vested in the State_ 145 

Dredging on public reefs prohibited_ 148 

Lease of _146, 149,151- 

Open and closed season for taking oysters_ 148 

Oyster commission law repealed_ 149 

Planting season fixed_ 149 

Preservation of_ 145 

Reef warden to be appointed_ 147 

Rules for culling oysters fixed_ 150 

Standard measure for oysters established_ 148 

PALACE CARS. 

License tax_ 521 

PALMER, THOMAS T. 

Appropriation for relief of_ 881 

PALMISTS. 

License tax_ 504 

PAPERS. 

Best quality of to be used in public records_ 287 


























INDEX. 


1017 


PARKS BILL. 

Repealed _ 7 

PARLOR CARS. 

License tax_ 521 

PAROCHIAL SCHOOLS. 

Reports to be made by to State Superintendent of Education_ 285 

PASSENGER TRANSFER BUSINESS. 

License tax_ 526 

PASSES, RAILROAD. 

Confederate veterans may be given_ 566 

PASTEUR INSTITUTE. 

Appropriation for payment of rent on building_539, 540 

Expenses of persons bitten by mad dog, when to be paid by 

county - 601 

PATENT RIGHTS SELLERS. 

License tax_ 516 


PAUPERS. 

See Poorhouses. 


PAWN BROKERS. 

License tax_ 516 

PEDDLERS OF MEDICINE. 

License tax_ 517 

PENNY ARCADE. 

License tax_ 509 

PENSION CLERK. 

Treasurer may appoint_ 277 

PENSION EXAMINERS, THE STATE BOARD. 

See also Confederate Pensions. 

Duty as to re-instatement of Confederate pensioners_ 144 

PENSIONS. 

Teachers’ pensions authorized in counties having a population of 

80,000 and not more than 82,000_ 385 

PERIODICALS. 

Publication of untrue and misleading advertisements prohibited- 339 
PERSONAL PROPERTY. 

Limitation of actions for recovery of-—— 142 

PHARMACEUTICAL ASSOCIATION. 

Provisions for altering, amending or extending charter of- 160 

PHARMACISTS. 

Fees and charges for license_ 850 

Pharmacy board may license_ 849 

Prescriptions kept on file_ 851 

Regulation and license of- 848 






















1018 


INDEX. 


PHARMACY, BOARD OF. 

Fees for licenses_ 850 

Powers and duties of_ 849 

PHONOGRAPH DEALERS. 

License tax- 491 

PHYSICIANS. 

County authorized to appoint to attend inmates of county poor- 

houses and jails_ 737 

PHYSICIANS. 

License tax_501, 517 

PHYSICIANS AND SURGEONS. 

Prohibited from buying or selling patients, or giving or receviing 

compensation for same_ 324 

PIANO DEALERS. 

License tax- 519 

PICKENS COUNTY. 

Date for holding Circuit Court in_ 135 

PICTURE SOLICITORS. 

License tax_ 518 

PIG CLUBS. 

Regulations for organization of_ 943 

PIG IRON STORAGE YARDS. 

License tax_ 518 

PILOTAGE. 

Vessels exempt from_ 642 

PILOTAGE, BOARD OF COMMISSIONERS OF. 

Established, powers and duties- 686 

PIN POOL TABLES. 

License tax_ 519 

PIPE LINE COMPANIES. 

Taxation of_ 440 

PISTOL DEALERS. 

License tax_ 518 

PLAYING CARD DEALERS. 

License tax_ _ 496 

PLUMBERS. 

License tax_ 519 

POLITICAL PARTIES. 

See also Primary Elections. 

Beat meetings, time and place for holding_ 622 

Committees of candidates for disbursement of expenditures_ 252 

Corrupt practices act__ 250 

Elections for nominees_ 218 

Executive committees of_ 219 

Mass meetings, time and place for holding_ 622 

Test of, in elections_ 218 




























INDEX. 


1019 


POLL TAXES. 

Levy and disposition of_ 399 

Separate account of, to be kept for person of each race in each 

township or separate school district__ 456 

POOL TABLES FOR PLAYING PIN POOLS. 

License tax _ 519 

POORHOUSES. 

Courts of county commissioners may make appropriations for indi¬ 
gent poor, where there are no poorhouses in county_ 384 

POSTAGE AND POST-OFFICE BOX RENT. 

Appropriation for use of Executive Offices and Departments, Su¬ 
preme Court, Court of Appeals and Supreme Court Library_156, 937 

POSTERS. 

Circulation of untrue and misleading, prohibited_ 339 

Used in political campaigns_ 254 

POULTRY CLUBS. 

Regulations for the organization of_ 943 

PRESIDING JUDGE, COURT OF APPEALS. 

Member ex-officio of Commission to consider sundry subjects of 

legislation _ 944 

PRIMARY ELECTIONS. 

Advertisement of elections to be made by party committees_ 220 


Arrests on election day not to be made, except for felonies or 

breaches of the peace_ 229 

Assessments of candidates limited_ 238 

Ballot boxes, how disposed of_ 227 

Ballot boxes, separate for each party to be provided_ 222 

Ballot to be secret_ 224 

Ballot boxes to be securely kept_ 229 

Ballots, arrangement of names on_ 222 

Ballots, counting of_ 226 

Ballots for each political party to be separate_ 221 

Ballots, no marks or other designation upon_ 224 

Ballots not counted until polls closed_ 229 

Ballots, official form of_ 222 

Ballots to be prepared by Probate Judge_ 220 

Booths for elections to be provided by sheriff_ 224 

Candidates may suggest name of election officer_ 220 

Candidates to be certified by committees_ 219 

Challenges of voters_223, 224 

Chiefs of police as peace officers_ 227 

Choice, expression of on ballot_221, 225, 226, 228 

Commissioner to take testimony in contest cases, qualifications, 

powders and duties of _ 237 

Committee chairmen authorized to administer oaths in contest 

cases_ 237 

Committees of political parties may fill vacancies in nominations 237 

Committees, selection of_ 219 

Constitutionality of primary law, provisions as to_ 238 

Contests, appeal in cases of_ 233 

Contests, ballot boxes not open except for_ 230 

Contests, contents of_ 232 






































1020 


INDEX. 


PRIMARY ELECTIONS— Continued. 

Contests, date and place for hearing_ 

Contests, grounds of_ 

Contests, time for instituing_ 

Contests, to be heard by county committee_ 

Contests, after trial of, decision to be certified to Secretary of 

State by committee_ 

Contests, date and place of hearing same on appeal_234, 

Contests, for what may be instituted_ 

Contests of elections, grounds for_ 

Contests of primary elections authorized_ 

Contests, proceedings on appeal_ 

Contests, who may institute_ 

Conventions of parties may be called by executive committees_ 

Counting of ballots_ 

County executive committee, duty as to receiving ballot boxes 

after election_ 

County executive committees, returns to be canvassed by_ 

County officers, candidates for in primaries_ 

Dates for declaring of results_227, 

Dates for holding_ 

Defined_ 

Elections not set aside, except result changed by illegal votes_ 

Election officers failing to serve except for illness, guilty of 


misdemeanor _ 

Election officers in primaries same for all parties_ 

Electioneering not allowed_ 

Electors as witnesses in contests_ 

Electors in primary election same as in general election_220, 

Executive committees given power to prescribe additional rules 

for contests, not set forth in primary law_ 

Executive committees of parties, authority of_219, 


Executive Committees of political parties, duty to certify candi¬ 
dates _ 

Expenses for holding to be paid by State_ 

Expenses of contest_ 

Expenses of primary to be paid by State or counties_218, 

Fees not to be assessed by political party committees against 

candidates_ 

Further regulation of primaries_ 

General election laws govern where there are no provisions in pri¬ 
mary laws_218, 220, 

Instructions to voters_ 

Intention to participate in primary to be declared by executive 

committee _ 

Lists of voters, before votes counted, to be sealed up_ 

Lists of voters to be supplied election officers by Probate Judge- 
Markers allowed to voters who cannot read and write, or who 

are physically disabled_ 

Nominees in primaries_ 

Nominees, selection of, where first and second choice rules do 


not prevail _ 

Oath required of election officers_ 

Officers in primary elections, powers and duties_220, 

Officers of elections, duty in counting votes__225, 

Penalties for violating primary law_ 


Political parties hold all primaries on same date as provided by 

law _ 

Political parties not required to operate under primary laws- 

Political party defined_ 


233 

232 

233 

233 

236 

236 

234 
231 

231 
234 
234 
230 
226 

227 

228 
219 
229 
218 
218 

232 

221 

218 

224 

232 

223 


237 

220 


219 

722 
233 

219 

723 
722 

223 

225 

220 
229 

223 

224 
228 

228 

221 

221 

227 

238 

218 

218 

218 














































INDEX. 


1021 


PRIMARY ELECTIONS— Continued. 

Poll list to be certified, by Probate Judge, to parties to election 

contest _ 232 

Polling places for primaries_ 219 

Probate Judge, duty to certify copy of registration list and list 

of poll taxes to parties to contest_ 232 

Proclamation of results_ 220 

Representation given each political party in selection of election 

officers_ 220 

Results of election, how declared_ 226 

Returning officers_ 227 

Samples of forms in primary elections_ 225 

Second or new primary may be ordered after contest, when_ 230 

Secretary of State to be notified of nominees by executive com¬ 
mittees _ 230 

Secretary of State to certify lists of general nominees to Pro¬ 
bate Judges_ 231 

Security for costs may be required in cases of contest-233, 235 

Security for costs in contesting senatorial nomination- 235 

Security for costs required in contest appeals- 233 

Sheriffs, or their deputies, to be present at each voting precinct— 227 

Single shot ballots not allowed_ 225 

Special primaries, how held_ 230 

State officers, candidates for in primaries_ 219 

Supplies for election to be furnished by Prihate Judge_ 223 

Tally sheets, form of_ 225 

Test in determining total vote of political party- 218 

Testimony as to illegal votes_ 233 

Testimony in contest may be taken by commissioners_237, 238 

Tie votes, chairman of State committee, or other governing 

authority of party to decide_ 228 

Vacancies filled by special primaries_ 230 

Votes counted and returns made_ 225 

Witnesses, compensation of_ 237 

Witnesses, expenses to be paid, when_ 238 

Witnesses in contests_ 232 

Witnesses, powers of committees to summon_ 238 

PRINTER, THE STATE PUBLIC. 

See Printing and Binding. 

PRINTING AND BINDING. 

Acts and Journals of the Legislature_712, 714 

Appropriation for printing and binding_157, 937 

Archives and History Department to be supplied with official 

documents for exchange purposes_. 738 

General Acts of the Legislature_ 159 

House, and Senate Journals to be bound in two volumes_ 267 

Offices and Departments to secure through State Board of Pur¬ 
chase _ 373 

Reports of Supreme Court and Court of Appeals_595, 712 

Revenue and license laws to be printed_ 703 

PRISON INSPECTOR. 

Bond required of_ 117 

Child labor, duty in enforcement of law_195, 198, 200 

Expenses in enforcement to be paid_ 200 

PRISONERS. 

Appropriations for removal of_156, 936 

Appropriations for feeding of_ 358 













































1022 


INDEX. 


PROBATE COURT. 

Consolidation court act not to affect_ 279 

Jurisdiction for protection of children_ 560 

Removal of the administration of estates to chancery courts_ 738 

PROBATE JUDGE. 

Anti-liquor shipping bill, duty as to_ 41, 42 

Courts to be held at points other than county seat_ 552 

Duty in issuing license_ 530 

Duty to supply registration lists and lists of poll taxes in pri¬ 
mary election contests_ 232 

Index of instruments filed for record required to be kept_ 725 

Land sold for taxes, duty as to___ 459 

License tax paid to, for county__ 527 

Lis Pendens record to be kept in office of_ 122 

Member of election commission for cities of one hundred thou¬ 
sand population _ 322 

Penalties for failure to perform duties under tax laws_ 483 

Prescriptions filed in office of_4, 5, 6 

Probate Judge, license tax paid to, for county_ 527 

Railroad companies to file statement of liquors transported_ 41,43 

Record to be made of papers for commission government of cities 

under act of September 25, 1915_ 806 

Records to be kept of cities having municipal form of government 72 
Statements of expenditures of county candidates to be filed with 253 
Tick eradication election, duties as to_ 123 

PROBATE JUDGES AS CONFEDERATE PENSION COMMISSION¬ 
ERS. 

Abstract of pensioners to be supplied to by Auditor_ 891 

Application for pensions to be filed with_ 890 

Constituted_ 887 

Duties of_887, 890 

List of pensioners to be submitted to grand jury twice a year_ 891 

Quarterly revision of pension rolls to be made by_ 892 

Removal of pensioners from State, duties as to_ 893 

Restoration of pensioners improperly dropped, duty as to_894, 895 

Widows’ applications for pensions to be filed with State Auditor 948 

PROBATION OFFICERS. 

Appointment and powers___ 560 

Duties and compensation of_ 581 

PRODUCE. 

Act of March 5, 1915, amended_ 776 

Bonds to be executed by dealers__ 162 

Commissioner of Agriculture to investigate complaints_163, 779 

Dealers in farm produce regulated_162, 777 

Dealers to keep record of sales_;_165, 780 

Expenses of administering produce law_166. 782 

Liability of dealers of farm produce defined_163, 778 

Licenses required of dealers in_162, 164, 166, 777 

Wholesale produce dealer defined_ 163, 778 

PRODUCE DEALERS. 

License tax_ 364 

PROFERT. 

Code of 1907 as to amended. 

PROFESSIONAL ACTUARY. 

License tax- 491 








































INDEX. 


1023 


PROHIBITED LIQUORS AND BEVERAGES. 
See Liquors. 


PROHIBITION. 

See also Liquors. 

Act to further suppress the evils of intemperance__ 553 

Act to prevent advertisements of liquors_ 37 

Act to prevent shipments into this State of liquors_ 30 

Act to promote temperance and suppress the evils of intemper¬ 
ance _ 1 

Act to suppress the evils of intemperance, and to secure en¬ 
forcement of prohibition laws___ 8 

Prohibited liquors and beverages defined_ 1 

To authorize shipping from the State to points without the State 031 


PUBLIC ACCOUNTS. 

See Examiners of Public Accounts. 


PUBLIC BUILDINGS. 

Congress memoralized to erect new public building in Montgomery 203 
PUBLIC HALLS. 

License tax___ 519 

PUBLIC HEALTH. 

See also Health, State Board of. 

Regulations for labeling mattresses, and prohibiting use of un¬ 
sanitary or second hand materials in manufacture of- 275 

PUBLIC LECTURES. 

License tax_ 499 

PUBLIC PARKS. 

License tax_:- 491 


PUBLIC PRINTER. 

See Printing and Binding. 


PUBLIC SERVICE COMMISSION. 

Additional powers and duties of_805, 866 

Appropriations for salaries of commissioners_ 932 

Appropriations for salaries of clerks and employees in office of 

Commission_ 932 

Bills to create referred to Joint Committee on Judiciary- 205 

Executive or secret meetings of prohibited___ 314 

Municipal utilities not under jurisdiction of- 866 

Tolls or charges fixed for use of public wharves, piers or land¬ 
ings _ 770 

Railroad Commission, name changed to- 865 

Rates and charges, regulation of- 866 

Regulation for determining when property of public utilities may 

be sold or leased_ 269 

Statistics of public service corporations to be compiled and made 

available for use_ 867 

Telegraph and telephone companies under- 567 

PUBLIC SERVICE CORPORATIONS. 

Regulation of the sale and conveyance, or the lease of the prop¬ 
erty of_ 


























1024 


INDEX. 


PUBLIC UTILITIES. 

Assessment on intangible property of_ 437 

Assessment on tangible property of_ 432 

License tax_ 519 

Regulation of the sale and conveyance, or lease of the property 

of _ 268 

Regulation of where located in cities of more than 100,000 inhab¬ 
itants _ 296 

PUBLICATION. 

Cost for publishing receipts and disbursements by counties_ 824 

PURCHASE, THE STATE BOARD OF. 

Constituted and appointed, powers and duties_ 370 

Executive or secret meetings of prohibited_ 314 

PURCHASING AGENT, THE STATE. 

Powers and duties_ 371 

Salary of_ 808 

Secretary to Governor constituted as_ 370 

PURE FOOD DEPARTMENT. 

Appointment -and salary of chief clerk_ 769 

Chief clerk to be bonded_ 118 

RABIES. 

Damages, owner liable for bite of rabid dog_ 541 

RACES. 

Separate lists of white and negro children to be kept, in making 

school census__ 284 

RACE TRACKS. 

License tax_ 520 

RAILROAD CONTRACTORS. 

License tax_ 499 

RAILROADS. 

Assessment of_391, 425, 442 

Electric headlights to be installed by_ 257 

Examination of books in prosecutions for violation of liquor 

laws _ 48 

Passes may be given Confederate veterans_ 566 

Prohibited from transporting liquors into this State in violation 

of prohibition laws_ 39 

Punishment for violation of prohibition laws_ 48 

Statement of liquors transported to be filed in office of Probate 

Judge -41, 43 

Viaducts and subways in cities and towns may be condemned_207, 210 

RAILROAD COMMISSION. 

Name changed to Public Service Commission, which see_ 865 

RAILROAD TERMINALS. 

Cities of 50,000 and not less than 100,000 population may acquire 

and operate a line or lines of terminal railroads_ 307 

RAILROAD TICKET BROKER. 

License tax 


520 






























INDEX. 


1025 


RANGES, SELLING OF. 

License tax_ 522 

REPAIRING AND REFURNISHING CAPITOL. 

Appropriation for___ 937 

RATES AND CHARGES. 

Regulation of corporations by Public Service Commission_ 866 

RATES OF TAXATION. 

Fixed _ 389 

REAL ESTATE. 

Lis Pendens record to be kept in office of Probate Judge_ 122 

REAL ESTATE DEALERS ON COMMISSION. 

License tax_ 522 


RECESS COMMITTEES. 

See Joint Recess Committees. 


RECORDERS AND RECORDERS COURTS. 

Powers and duties of as to fines_:_ 724 

RECORDING SECRETARY TO THE GOVERNOR. 

Salary of_542, 929 

RECORDS, PUBLIC. 

See also Archives of State and County. 

Accurate keeping and safe preservation of provided for_ 287 

REDEMPTION OF LANDS. 

Sold for taxes_459, 475 

REEF WARDEN. 

Governor to appoint_ 147 

REESE, H. F., JR. 

Appropriation for relief of_ 868 

REEVES, J. L. 

Appropriation for relief of_ 912 


REFORM SCHOOL FOR WHITE BOYS. 

See Alabama Boys’ Industrial School. 

REFUGE HOME, THE ALABAMA. 

See Training School for Girls. 


REGISTERED NURSE. 

Who may act as_ 273 

REGISTRATION OF ELECTORS. 

Affidavits of applicants for registration to be filed with Probate 

Judge _ 248 

Age, applpicants under, when may be registered- 246 

Appeal from refusal of registrar to permit registration_ 247 

Applicants under age, when may be registered_ 246 

Book of stricken names from registration lists to be filed with 

Probate Judge_ 242 


33 GA 






















1026 


INDEX. 


REGISTRATION OF ELECTORS— Continued. 

Certificates of registration to be issued_ 245 

Deputy registrar may be appointed_ 248 

Elector having changed residence, rule for re-registration_ 247 

Elector proposed to be stricken from registration list given op¬ 
portunity to defend_ 241 

Electors, qualifications of_ 245 

Electors to be registered_ 242 

Fees and compensation of registrars_ 240 

Jury trial demanded, proceedings in case of_241,247 

Lists of names recommended to be stricken from roll_ 241 

Names stricken from rolls, when_ 241 

Newspaper, list to be stricken, published in_ 241 

Notices to be given of dates and hours of registration_ 244 

Oath may be administered by registrar_ 245 

Oath of registrars_ 240 

Oath required of applicant for registration_ 248 

Places where registration may be made_ 244 

Political parties may have representative present when registra¬ 
tion lists are purged_ 240 

Probate Judge, compensation of for making registration list_ 248 

Probate Judge, to make alphabetical lists of electors_ 242 

Qualifications of electors_ 245 

Registrar, dates and hours for registration_ 244 

Registrar, power to refuse registration_ 240 

Registrars, appointment of_ 239 

Registrars, board of, quorum_ 247 

Registrars, terms and vacancies_ 239 

Registration, contests of application of electors_ 245 

Registration list to be printed_ 244 

Registration lists, regulations and time for purging_ 240 

Registration lists to be published annually in some newspaper of 

general circulation in the county___ 243 

Registration not required second time unless place of residence 

changed _ 247 

Regulations in counties having two courthouses_ 245 

Residence changed, second registration required_ 247 

Secretary of State to furnish registration books_ 242 

Solicitor to represent State on jury trial_ 241 

RELIEF ACTS. 

Candidates failing to comply with corrupt practices act relieved 

from penalties_ 350 

RELIGIOUS AND CHARITABLE ORGANIZATIONS. 

Prohibited from soliciting contributions from candidates or po¬ 
litical committees_ 250 

REMINGTON TYPEWRITER COMPANY. 

Appropriation for relief of_ 911 

REMOVAL OF CAUSES. 

Administration of estates, to remove from probate to chancery 

courts _ 738 

REMOVAL OF PRISONERS. 

Appropriations for_ 93G 

REPORTER OF DECISIONS. 

Appointment and salary of_882, 934 

Appropriation for stenographer in office of_ 934 











































INDEX. 


1027 


REPORTER OF DECISIONS— Continued. 

Decisions of the Supreme Court and Court of Appeals, regula¬ 
tion of_ 712 

Decisions when published_ 595 

Number of copies of volumes of reports to be ordered_ 595 

Opinions, when to be written_ 595 

Salary of- 595 

Salary of stenographer_ 947 

Specifications for volumes of reports- 595 

REPORTERS. 

See Court Reporters. 

REPRESENTATIVE IN THE LEGISLATURE. 

Amount which may be expended by candidates for office in_ 251 

RESOLUTION. 

See also Joint Resolutions. 

Requiring Auditor and Treasurer to furnish Legislature tabula¬ 
tion of State receipts and expenditures for 1911, 1912, 1913 
and 1914_ 30 

RESOLUTIONS OF HOUSE OF REPRESENTATIVES. 

Secretary of State to have House and Senate Journals bound in 

two volumes each_ 267 

RESTAURANT KEEPERS. 

Liens of regulated_ 265 

RESTAURANTS AND LUNCH COUNTERS. 

License tax __i— 521 

REVENUE LAW. 

Printing law provided for_ 703 

REVENUE SYSTEM. 

Report thereon to be made by Joint Recess Committee on Finance 

and Taxation_ 30 

RIPARIAN RIGHTS. 

Regulation of_ 639 

ROAD CONTRACTORS. 

License tax- 499 

ROADS AND HIGHWAYS. 

Bonds to be made by contractors_ 575 

Code sections 5765-5843, and 7732-7744, regulating public roads, 

repealed_ 623 

Condemnation proceedings_ 574 

Congress memoralized to bring about construction of a National 

system of good roads_ 342 

Contracts for construction of public roads_574, 576 

Convicts, working of, on public roads_ 575 

County commissioners may accept money in lieu of labor on 

public roads_294, 375 

Courts of county commisisoners authorized to work county and 

State convicts on public roads and bridges_ 630 

Courts of county commissioners, duties as to public roads- 573 

Courts of county commissioners empowered to pay for improve¬ 
ment made or contracted to be made for which no authority 
previously existed_ 878 




























1028 


INDEX. 


ROADS AND HIGHWAYS— Continued. 

Establishment, discontinuance and maintenance of_ 573 

Exemption of residencts of counties whose aggregate tax values 

are one hundred million dollars___ 589 

Exemptions from road duty- 575 

General road law_ 573 

Memorial, requesting Jackson Highway Association to select Ala¬ 
bama route through Birmingham, Montgomery, Selma, and 

Mobile _ 701 

Special tax for_ 210 

Trunk highway system designated_ 365 

Vehicle road tax- 576 

ROLLER COASTER. 

License tax_ 504 

RURAL SCHOOLHOUSES. 

Appropriations for the erection of_ 697 

SALARIES. 

Appropriations for salaries of executive, judicial and legislative 

officers -153, 729 

Governor’s salary reduced_ 239 

Officers of the Legislature___-_- 285 

Official stenographer for 2nd judicial circuit_ 641 

State Purchasing Agent__ 808 

SACRAMENTAL WINES. 

How secured____5, 554, 556 

SALES. 

License tax for_ 503 

SALT LANDS. 

Auditor placed in charge of_ 217 

SANDERS’ FERRY. 

See Warrior River. 

SANITATION. 

Courts of county commissioners authorized to expend funds for 

sewerage connections_ 548 

SCHOOL BOOKS. 

See Text Books. 

SCHOOL INDEMNITY LAND FUND. 

Appropriation to pay interest on_ 937 

SCHOOL INDEMNITY LANDS. 

Auditor placed in charge of_ 217 

Sales of authorized to be made by Superintendent of Education. 266 

SCHOOLS. 

See also Superintendent of Education. 

Act providing for elections for levy of special county tax for 
school purposes not to be in force until adoption of Consti¬ 
tutional amendment_ 363 

Additional powers, duties and authority vested in trustees of 

white normal schools_ 847 


























INDEX. 


1029 


SCHOOLS— Continued . 

Alabama Illiteracy Commission created_ 80 

Amendment providing local taxation for public schools_ 107 

Amendment of charters of educational institutions_ 382 

Appropriation for the erection of rural schoolhouses_ 697 

Appropriation made in favor of counties levying and collecting 

one mill county school tax_ 730 

Appropriations for expenses in holding teachers’ institutes_ 731 

Compulsory attendance_ 534 

Conductors of institutes to be employed__ 731 

County Board of Education, duty as to erection of rural school- 

houses _ 698 

County Board of Education provided_ 283 

Fourth district agricultural school, appropriation for repair of- 379 
Free Scholarships by United Daughters of the Confederacy in 

certain schools_ 140 

Holding of teachers’ institutes regulated_ 731 

Incidental fee may be charged for enrollment in high schools in 

cities or towns maintaining such schools_ 324 

Provisions for elections to authorize special county taxes for 

school purposes_ 360 

Pupils who are qualified for courses of study not to be excluded 
from schools, where they live more than three miles from a 

high school_ 324 

Reports to be made by private denominational and parochial 

schools to Superintendent of Education_ 285 

Rights and powers of Boards of Education under municipal 

form of government_ 56 

Schools not in session while teachers’ institute is being conducted 732 
State Board of Examiners, power in reference to certificates to 

teach_ 113 

Superintendent of Education, duties as to erection of rural school 


Teachers must attend institutes_ 731 

Teachers’ pensions authorized in counties having 80,000 and not 

more than 82,000 population_ 385 

Text-Book adoption to be investigated_ 208 

Text-Book Commission to be appointed, powers of_ 343 

Unexpended balances of rural school house appropriation_ 700 

Women authorized to serve on Boards of Education_ 51 

SECRETARY OF STATE. 

Appropriation for salary of_ 930 

Bond required of_ 115 

Bonds of clerks in Auditor’s office to be filed with_I_ III _ 118 

Campaign expenditures list to be filed with_ 253 

Candidates to be certified by him to Probate Judge_ 220 

Candidates to file notice of candidacy, and committee to receive 

expenditures in elections_ 252 

Clerks in office of to be bonded_ 115 

Compensation for preparing acts for public printer_ 937 

Duty as to issuance of patents for sixteenth section lands_ 719 

Duty as to printing and binding reports of the Supreme Court, 

and acts and journals of the Legislature_ 712 

Duty in the matter of issuing bonds for payment of State debt— 615 

Duties under primary election laws_ 218 

Educational institutions, amended charters of, to be filed with— 382 
Expenses under registration law to be certified to and approved 

by, before payment_ 247 

House and Senate Journals to be bound in two volumes_ 267 









































1030 


INDEX. 


SECRETARY OF STATE— Continued. 

Medical, dental and pharmaceutical associations, duty in refer¬ 
ence to amendatory charters of_ 101 

Oyster reefs, duty as to leasing_140, 140 

Party nominees to be certified to_ 210 

Primary elections, decision in contests to be certified to_ 280 

Registration books, forms and blanks for registration to he sup¬ 
plied by_242,247 

Resolutions of sympathy of Texas to be transmitted to Governor 

of that State_ 344 

Salaries of clerks and employees in office_ 080 

SECRETARY TO THE GOVERNOR. 

Appropriation for salary of_ 020 

SELLERS OF PATENT RIGHTS. 

License tax_ 510 

SELMA. 

Amendment to Constitution proposed enlarging tax rate for_ 887 

SENATE. 

Compensation of officers of regulated_ 285 

SENATORS, STATE. 

Amount which may be expended by candidates for office of_ 251 

SENATORS AND REPRESENTATIVES IN CONGRESS. 

See U. S. Senators and Representatives. 

SERVANTS. 

Appropriations for salary of Capitol servants_ 080 

SEWING MACHINE AGENTS. 

License tax_ 521 

SHACKELFORD, J. E. 

Appropriation for relief of_ 748 

SHERIFFS. 

Duty as to execution of warrants, attachment, or other process 

issued during term time_ 597 

Expenses of in arrests of defendants with contraband liquors 

and beverages to be paid_ 589 

Fees in cases before Inferior Courts_ 085 

Lists of dealers to whom U. S. internal revenue license or tax 

stamps issued, to be secured_ 18 

List of same to be furnished solicitor_ 29 

Member of Election Commission for cities of 100,000 population. 822 
Signs, billboards, or other advertising devices may be removed b y 88 

SHIPPING BILL. 

TJ. S. Senators and Representatives from Alabama mem ora li zed to 

shipping bill_ 51 

SHOOTING GALLERY. 

License tax_ 521 

SHOT GUN DEALERS. 

License tax_ 518 






















INDEX. 


1031 


SIDE SHOWS. 

License tax __ 407 

SIGNS. 

Circulation of untrue and misleading, prohibited_ 339 

SIXTEENTH SECTION FUNDS. 

Appropriation to pay interest on_ 937 

SIXTEENTH SECTION LANDS. 

Auditor placed in charge of_ 217 

Regulation of issuance of patents for_ 718 

SKATING RINKS. 

License tax_ 522 

SLEEPING CAR COMPANIES. 

Taxation of_ 440 

SLEEPING CARS. 

License tax_:_ 521 

SLEIGHT OF HAND EXHIBITIONS. 

License tax_ 510 

SLOT MACHINES. 

License tax_ 509 

SMITH BILL. 

Repealed _ 7 

SMITH-LEVER ACT. 

Appropriations to secure benefit of_ 624 

Provisions of accepted by Legislature_ 49 

SOCIAL AND LITERARY CLUBS. 

Mortgages or deeds of trust upon property of. how executed_ 874 

SODA FOUNTAINS. 

License tax_ 521 

SOFT DRINK STANDS. 

License tax_ 521 

SOFT DRINKS. 

Adulteration of_ 489 

SOLICITORS. 

Appropriations for salaries of_ 935 

Challenged voters, list of, to be submitted by him to grand jury 224 

Chief Justice has jurisdiction over_ 593 

Compensation of_ 716 

Deputy solicitors may be appointed by_ 819 

Election of provided_ 817 

Fees in liquor cases, how taxed, and amount_ 136 

Fees to be reported to State Auditor by_ 590 

Fees which may be taxed_ 822 

Opinions to be given county officers by_ 548 

Powers and duties_ 817 

Practice in county courts_ 709 






























1032 


INDEX. 


SOLICITORS— Continued. 

Represents State on contest of electors_ 241 

Salaries of_ 819 

Salary of deputy solicitors_l- 820 

Salaries to be paid while absent from illness or in case of death 857 

SOLVENT CREDITS. 

Exemption from taxation_ 107 

SOUTHERN TYPEWRITER EXCHANGE. 

Appropriation for relief of_ 634 

SPARKS, M. 

Appropriation for relief of- 620 

SPECIAL COUNSEL. 

Appropriation for payment of for services under contract with 

Gov. O'Neal_ 879 

SPECIAL DAYS. 

Good roads day established- 352 

Fire prevention day designated- 882 

SPECTACLE DEALERS. 

License tax- 503 

SQUIRRELS. 

Law for protection of- 046 

STAFF OF GOVERNOR. 

See also National Guard. 

Reimbursed for expenses incurred in attendance upn inauguration 

of Pres. Wilson_ 814 

STAMPS, TRADING. 

License tax_ 525 

STANDARD CHEMICAL AND OIL COMPANY. 

Appropriation for relief of- 626 

STATE OF ALABAMA. 

Eminent domain declared in aboriginal and other antiquities, 
mounds, earthworks, ancient or historic forts, and burial 
sites, within the limits of the State- 728 

STATE AUDITOR. 

See Auditor, the State. 

STATE DEBT. 

See Debt, the State. 

STATE PASTEUR INSTITUTE. 

See Pasteur Institute. 

STATE PRINTER. 

See Printing and binding. 


STATE PURCHASING AGENT. 

See Purchasing Agent, the State. 


















INDEX. 


1033 


STATE TRAINING SCHOOL FOR GIRLS. 

See Training School for Girls. 

STATE TREASURER. 

See Treasurer, the State. 

STATE WARRANTS. 

Appropriation to pay interest on- 

STATIONERY AND OFFICE SUPPLIES. 

Appropriation for 1915- 

Appropriations for 1916, 1917, 1918, 1919, to be used by executive 
offices and departments, Supreme Court, and Court of Ap¬ 
peals and Supreme Court Library- 

STENOGRAPHER. 

See Court Reporter. 


STENOGRAPHERS. 

Appropriations for salaries of in executive offices- 929 

STOCK AND BOND DEALERS. 

License tax- 522 

STOCK LAW DISTRICTS. 

Act prohibiting bulls running at large not operative in- 268 

STOVES OR RANGES, SELLING OF. 

License tax_ 522 

STREET PARADES. 

License tax- 497 

STREET RAILWAY. 

License tax_ 519 

STREET RAILWAY COMPANIES. 

Subject to jurisdiction of public service commission- 866 

Viaducts and subways in cities and towns-207, 210 

STRICKLAND, MRS. SJ A. 

Appropriation for relief of- 833 


SUBSCRIPTION AGENTS. 
License tax_ 


SUMTER COUNTY. 

Date for holding Circuit Court in- 435 

SUPERINTENDENT OF BANKS. 

Appropriation for salary of_ 933 

SUPERINTENDENT OF EDUCATION, THE STATE. 

See also Schools. 

Appropriation for salary of- 931 

Authorized to sell school indemnity lands, with approval of the 

Governor _ 266 

Chief clerk and bookkeepers in office of to be bonded- 117 

Compensation of clerks and employees in office of- 931 


157 

936 


34 GA 






















1034 


INDEX. 


SUPERINTENDENT OF EDUCATION, THE STATE —Con tinned. 

Duty as to certifying counties of State each year, where one mill 

tax has been levied_ 730 

Regulation of issuance of patents to sixteenth section lands_ 719 

Reports to be made to by private, denominational, and parochial 

schools _ 285 

SUPERINTENDENT OF EDUCATION, THE COUNTY. 


Unlawful to exclude pupils from a school whose teacher is quali¬ 
fied to teach such pupil_ 323 

SUPERNUMERARY JUDGE. 

Appropriation for salary of_ 934 

Chief Justice has jurisdiction over_ 593 

Regulation of appointment of_I 355 

SUPPLY CARS. 

License tax_ 522 

SUPREME COURT. 

Appeals from certain interlocutory decrees in Chancery Courts 137 

Appeals to in tax cases_*_‘_ 4 gg 

Appropriation for compensation of reporter of decisions of Su¬ 
preme Court and Court of Appeals__ 934 

Appropriation for compensation of stenographer to reporter_ 934 

Appropriation for salary of assistant librarian_ 934 

Appropriation for salary of assistant to clerk of Supreme Court 934 

Appropriation for salary of clerk of_ 934 

Appropriation for salary of clerk for Chief Justice_ 934 

Appropriation for salary of marshal and librarian of_ 934 

Appropriation for salary of one servant to Supreme Court_ 934 

Appropriation for salary of one stenographer to clerk of Supreme 

Court - 934 

Appropriations for salaries of judges of_ 933 

Appropriation for salaries of two secretaries of_ 934 

Chief Justice has supervision of reporter, when_ 713 

Clerk to certify copy of opinion to clerk of lower court_ 606 

Decisions of judges, when to be published_;_ 595 

Judges empowered to administer oaths and take affidavits_ 35 

Motions in writing and rulings of Circuit Court a part of record, 

and reservation of exceptions unnecessary_ 598 

New trials, presumptions in favor of correctness of judgment for 

motion _ 722 

Opinions, when not to be written_ 595 

Plenary power granted to adopt rules regulating the practice 

and procedure of State Courts_ 607 

Practice in cases where judgment of lower court is excessive_ 610 

Regulation of appeals to_ 711 

Reports of decisions, number of to be printed_ 712 

Reporter of decisions to be elected by_ 882 

Review of appeals in civil cases tried without jury_ 824 

Right and manner of taking appeals regulated_.1_ 711 

Submission of cases_ 711 

Terms of_giq 

Time in which appeals may be taken_ 711 

Transcripts of records and manuscript opinions to be bound and 

lettered _ 725 

What transcript must not contain—_ 708 

When bill of exception established before judge of_ 816 







































INDEX. 


1035 


SURETY COMPANIES. 495 

Securities depos'ited'with’state Treasurer by, to be return^- 277 

SURGEONS. 517 

License tax- 

SURGEONS AND PHYSICIANS. . . 

Prohibited from buying or selling patients, or giving or recen mg ^ 
compensation therefor- 

SURPLUS REVENUE FUND. 937 

Appropriation to pay interest on- 

SURVIVOR^ surv . ve , n fayor of representative of decedent, and if 
such representative does not make himself a party volun- 
tarily, citation must issue to- 

SWAMP AND OVERFLOWED LANDS. 217 

Auditor placed in charge of- 

Defined for purposes of drainage act- 

SYLA^LGA-iation foP re pairs and improvements on 4th district ^ 
agricultural school- 

TALKING MACHINE DEALERS. 491 

License tax - 

TAX ASSESSOR. 400 

Election, powers and duties of- 

TAX COLLECTOR. 447 

Election, powers and duties- 

TAX COMMISSION. 

See also Equalization Board, the State. 910 

Appropriation for the relief of- 

TAX COMMISSIONERS, THE COUNTY. 107 

Offices of abolished- 

TAX EQUALIZATION BOARD. 

See Equalization Board, the State. 

TAX LANDS. 217 

Auditor placed in charge of- 

TAXATION. 

See Equalization Board, the State. 464 

Advertisements and notices of tax sales- - 4 gg 

Appeals in tax cases__---484.487 

Arbitrators, qualification of- ' 4 ^g 

Assessments by tax collectors- 7 -- 404 

Assessments by State Board of Equalization- 446 

Assessments of real, property- " 4 g 3 

Assessors, suits against- 435 

Assignments, general for payment of debts- ^ 

Auditor, duty of as to redemption of real property sold for taxes 480 


























1036 INDEX. 




TAXATION — Continued. 

Auditor, general tax duties of 



AQD 

Auditor, suitable book, descriptive of land sold 
kept by 

for taxes to be 


Banks,’ fESSg'J*'* 1 ° f ° ffiC,alS ° f ' t0 luak * "tun-."— 

479 

484 

Bonds and other investments 



otra 

QQ1 

Book of assessments _ 


A(\Q AC\ 

OijJ. 

5™?® ai } a re ? ords of * ax officers open for inspection 

ly, 41U 
485 

^eiuucates or purcnase at tax sale 



aqk 

Collection of taxes 




Collectors, suits against- 



44 i 

AOQ 

Commissions 



4oo 

Commissions of tax assessors 



392 

ACi 9 

Condensed statement by tax assessor 



/iAQ 

Confederate soldiers and sailors 



9QQ 

Corporations, franchise tax of 



QGT 

Corporations, taxation of 



oy 4 
one 

Cost in tax sales 



oyn 

County Board of Equalization 



400 

aiQ 

ho tinmUcs commissioners, hooks, stationery and blanks to 
MuaHation d assessors - collectors, and county boards of 


Definition of terms 



484 

Delinquent taxes 



oot) 

AACi 

Docket of real estate to be sold for taxes 



44y 

460 

Docks and wharfs 




Equalization, County Board of 



oUU 

Aio 

Equalization, State Board of 




Erroneous sales 




Escapes 



4t)f> 

Excess in tax sales, how disposed of 



407 

4R7 

Exemption of money lent, solvent credits and 
Exemptions from taxation 

credits of value-. 

107 

Express companies, taxation of 



00 4 
AA/) 

False returns of property for taxation 



484 

Fees, disposition of _ 



AQd. 

Final settlement by tax collectors 



4oO 

4.KQ 

Garnishment for taxes 



AKA 

Household furniture 



4ol 

QQ1 

Insolvent taxes 


A KO 

oy 1 

AKA 

intangible property of public utilities, assessment 


4o4 

437 

imerest on delinquent taxes 



a An 

Jewel rv 



i ny 

on-i 

Band sold for taxes, when may be disposed of 
Lands 

hy 

the Auditor. _ 

o91 

947 

ooq 

Lands, remedies and rights of purchasers of at 
Lands, sale of for taxes 

tax 

sales 

ooy 

471 

yiprn 

Levy, amount of 



qqq 

Libraries 



ooH 

License taxes 



391 

aQo 

Lists of property returned for taxation 



407 

Maps and plat books 


ai i 

41 f) 

Merchandise 



onn 

Money loans 



oq-i 

Musical instruments 



oy i 

qni 

Non-resident tax payers 



oy [ 

404 

Oath of tax payer 



4v4 

AC\A 

0at Equai a izatton adnllnlStere<1 by members ° f 

State Board of 

4U4 

425 



























































INDEX. 


1037 


TAXATION— Continued, 

Owner unknown, sales of property of for taxes_ 461 

Payments made into the State treasury by tax collector_ 456 

Percent of value for which taxed_ 393 

Pipe line companies, taxation of_ 440 

. Poll tax-399, 456 

Probate Court, duty in sale of land for taxes_ 459 

Probate Judges, duty as to redemption of land sold for taxes___ 477 
Probate Judges, suits against for failure of duties under tax laws 483 
Provisions for elections to authorize special county taxes for 

school purposes_ 360 

Public utilities, assessment on intangible property of_ 437 

Public utilities, assessment on tangible property of_ 432 

Purchasers at tax sales, proceedings for recovery of property_ 472 

Railroads assessment of property of_435 

Railroads, road beds, canals_ 391 

Rate of taxation___ 389 

Real property, description of_ 405 

Real property, sale of for taxes_ 453 

Receipts for taxes_ 449 

Redemption, when lost_ 481 

Redemptions of lands sold for taxes_ 475 

Redemptions of property from tax sales_ 468 

Revenue law_ 386 

Sales of lands for taxes_ 471 

Sales of property for taxes_ 450 

School, tax rate_ 389 

Secretary of State Board of Equalization_ 425 

Settlements by tax collectors_ 457 

Shares of stock_ 391 

Shares of stock, levy and sale of for taxes_____ 452 

Sleeping car companies, taxation of_ 440 

Special tax for county buildings, bridges and roads_ 210 

Special tax levied and assessed_ 909 

State Board of Equalization_ 421 

Steamboats and watercraft_ 390 

Subjects of taxation_ 389 

System of to be reported by Joint Recess Committee -on Finance 

and Taxation_ 50 

Tangible property of public utilities, assessment of_ 432 

Tax assessor_;_ 400 

Tax collector_;_400, 447 

Telegraph companies, returns by for taxation_435, 440 

Valuation fixed by county board of equalization_ 417 

Valuation, how determined by State Board of Equalization_ 433 

Water companies_ 392 

Witnesses in hearings before State Board of Equailzation_ 430 

TEACHERS. 

Certificates to teach regulated_ 113 

County Board of Education elect_ 283 

TEAGUE AND SONS. 

Appropriation for relief of_ 558 

TELEGRAPH COMPANIES. 

Contents of messages not to be communicated_ 321 

License tax_ 523 

Public utilities commission, jurisdiction of___567, 866 

Returns for taxation_ 435 , 440 



















































1038 


INDEX. 


TELEGRAPH, TELEPHONE AND MESSENGER SERVICE. 

Children of certain ages not permitted to perform- 194 

TELEPHONE COMPANIES. 

Contents of messages not to be communicated- 321 

License tax_520, 524 

Public Utilities Commission, jurisdiction of-567, 866 

Returns of for taxation-435, 440 

TELEPHONE EXCHANGES. 

License tax_ 523 

TEMPORARY LOANS. 

Appropriations for interest upon-78, 937 

County commissions authorized to make_ 105 

Governor authorized to negotiate- 79 

Statement of to be supplied Legislature_ 36 

TEN PIN ALLEYS. 

License tax_ 496 

TESTIMONY. 

See Evidence. 

TESTING DEVICES. 

License tax_ 500 

TEXAS. 

Sympathy of State extended to cities of, for losses during hurri¬ 
cane _ 344 

TEXT-BOOK COMMISSION. 

Contracts entered into by, to be investigated- 208 

State Text-Book Commission law amended- 343 

Uniform system of, to be investigated- 208 

THEATRES. 

License tax_ 525 

THROWING DEVICES. 

License tax- 500 

TICK ERADICATION. 

Appropriation in aid of- 204 

Carried on in certain counties without election- 341 

Elections provided in counties to determine whether work of 

shall be undertaken_ 123 

TOLL BRIDGES. 

License tax_ 526 

TOMBSTONE DEALERS OR AGENTS. 

License tax- 510 

TOWN LOTS, SALE OF ON COMMISSION. 

License tax- 522 

TRADERS OR TRANSIENT DEALERS. 

License tax- 490 




























INDEX. 


1039 


TRADING STAMPS. 

License tax_ 525 

TRAINING SCHOOL FOR GIRLS, THE STATE. 

Appropriation for maintenance of_167, 897 

Enticing inmates from institution_ 897 

Minimum age for admission to_ 897 

Municipal courts may commit white girls to care of_ 896 

Name changed from Alabama Home of Refuge_ 896 

Property may be sold or exchanged_ 897 

Report to the Governor to be made annually_ 897 

Vacancies in Board of Managers of, how filled_ 896 

TRANSFER COMPANIES. 

License tax_ 526 

TRANSIENT AUCTIONEERS. 

License tax_ 490 

TRAVELING PHOTOGRAPHERS. 

License tax_ 516 

TREASURER, THE COUNTY. 

Counties and municipalities to pay expenses of advertising Gov¬ 
ernor’s proclamation, proposing amendments to Constitution 

affecting them_ 279 

County funds to be deposited in banks_ 349 

Office of abolished_ 348 

TREASURER, THE STATE. 

Appropriation for salary of_ 930 

Board of Purchase, member of_ 371 

Chief clerk and other clerks in office of to be bonded_ 117 

Compensation of clerks and employees in office of_ 930 

Duty in the matter of issuing bonds for payment of State debt_ 616 
Expenditures for 1911, 1912. 1913 and 1914 to be tabulated for 

Legislature _ 36 

Fines for violation of game and fish laws to be paid to_ 143 

Pension clerk in office of_ 277 

Salaries of office force_ 277 

Scholarship fund of United Daughters of the Confederacy to be 

paid to_ 141 

Securities to be returned to surety companies_ 278 

Statement to be filed with, by surety company withdrawing from 

State _ 278 

TREES. 

Protection of_ 568 

Treatment of infested_ 924 

TROY NORMAL SCHOOL. 

Free scholarship in, provided by the United Daughters of the 

Confederacy _ 140 

TRUNK ROADS OR HIGHWAYS. 

Designation of_ 365 

TUBERCULOSIS. 

Disinfection of building or apartments occupied by patients with 376 

































1040 


INDEX. 


TUBERCULOSIS COMMISSION. 

Care of indigent patients_ 652 

County commissioners may establish hospital for tuberculosis 

patients - 650 

Created - 648 

Members of_ 648 

Officers of_ 649 

Superintendent of hospital_ 652 

TUBERCULOSIS HOSPITAL AT STATE PENITENTIARY. 

Prisoners in jails affected with tuberucolis to be removed to_ 354 

TUBERCULOSIS HOSPITALS. 

Counties may establish_ 650 

TUSCALOOSA COUNTY. 

Date for holding Circuit Court in_ 135 

TUTWILER, MISS JULIA S. 

Resolutions of sympathy in sickness of_ 541 

University of Alabama trustees requested to name Woman’s 

domitory in honor of_ 364 

TWENTIETH JUDICIAL CIRCUIT. 

Established_ 620 

TWO AND THREE PERCENT FUNDS. 

Appropriation to Alabama, Tennessee and Northern Railway, and 

to Montgomery and Chattanooga Railroad Co_L_ 340 

TYPEWRITER AND OTHER OFFICE MACHINES. 

License tax_ 491 

TYPEWRITER RIBBONS. 

Best quality to be used in public records_ 287 

UNIFORM WAREHOUSE RECEIPTS. 

Text of act-G61-674 

UNION VETERANS. 

May peddle free of license tax_ 518 

UNITED CONFEDERATE VETERANS. 

Appropriation for payment of expenses for holding annual re¬ 
unions _ 728 

Commissioner for disbursement of appropriation_ 728 

UNITED DAUGHTERS OF THE CONFEDERACY. 

Free scholarships in Alabama Schools by, authorized_ 140 

U. S. SENATORS AND REPRESENTATIVES IN CONGRESS. 

Memoralized to urge Congress to speedily improve Mobile Bay 

and Alabama River system._*_ 344 

U. S. SENATORS AND REPRESENTATIVES IN CONGRESS FROM 
ALABAMA. 

Administration shipping bill, memorial requesting them to sup¬ 
port -1_ 51 

Amount which may be expended by candidates for office of_ 251 

Liquor advertisements, urged to secure passage of law excluding 

from the U. S. mail_ 36 


























INDEX. 


1041 


U. S. SENATORS AND REPRESENTATIVES IN CONGRESS— Continued. 
Liquor advertisements, resolution appointing Commission to urge 

them to support laws against- 83 

Provisions for the election of- 364 

UNITED STATES COTTON FUTURES ACT. 

Contract of sale of cotton for future delivery to conform to- 913 


UNIVERSITY OF ALABAMA. 

Appropriation to repay certain moneys borrowed from endow¬ 
ment fund of------ 

Free scholarship in, provided by the United Daughters of the 

Confederacy - 

Medical Department of- 

Trustees, authorized to invest endowment fund of-■— 

Trustees requested to name Woman’s dormitory in honor of Miss 
Julia S. Tutwiler- 


380 

140 

133 

286 

364 


UNLAWFUL DETAINER. , * 

Action of against tenant who fails or refuses to prepare land 

and plant crop- 

Procedure in suits of- 


808 

611 


VAUDEVILLE OR VARIETY SHOWS. 
License tax- 


525 


VEHICLE PEDDLERS. 
License tax - 


526 


VEHICLE ROAD TAX. 
Provisions for- 


570 


VENDOR’S LIENS. 
Protected_ 


547 


VENUE. 

Liquor cases____- 

Precinct in which suit must be brought 

Suits before Justices of the Peace- 

Suits on attachment bonds- 


48 

266 

634 

880 


VETERINARIAN, THE STATE. 

Hog cholera serum laboratory to be under—. 

VETERINARY MEDICAL EXAMINING BOARD. 
Established- 

VETERINARY MEDICINE AND SURGERY. 

Medical Examining Board established- 

Practice of regulated- 

VETERINARY SURGEONS. 

License tax - 

VICTROLA DEALERS. 

License tax---- 

WAREHOUSE. 

Definition of terms- 

Enforcing warehouse liens- 


104 

126 

126 

125 

522 

491 

673 

669 




























1042 


INDEX. 


WAREHOUSE— Continued, 

License tax_ 

Negotiable receipts _ 

Uniform law of warehouse receipts. 
Warehouseman _ 


WARRIOR RIVER. 

Dam may be constructed on 


WASHING MACHINE PEDDLERS. 
License tax_ 


WATCHMEN, CAPITOL. 

Appropriation for salary of_ 

WATER COMPANIES. 

Subject to jurisdiction of public service commission. 


527 

669 

661 

662 


773 


527 


930 


866 


WATER, FUEL AND LIGHT. 

Appropriation for use in the Capitol_ 

WATER POWER COMPANIES. 

Subject to jurisdiction of public service commission. 


937 

866 


WATER TERMINALS. 

May be acquired by cities having population not less than fifty 

nor more than one hundred thousand_ 290 

WATER WORKS. 

License tax_ 

Permits required before system of can be constructed_ 734 

Regulation of where located in cities of more than 100,000 popu¬ 
lation __ 293 

State Board of Health given supervision and control over the 

source of supply of water works plants_ 733 


WATER WORKS CONTRACTORS. 
License tax_ 


499 


WESTERN UNION TELEGRAPH COMPANY. 

Appropriation for relief of_ 

WHARVES. 

Riparian owners authorized to erect upon their riparian lands. 

WHOLESALE PRODUCE DEALER. 

What constitutes___ : ___ 


WIDOWS OF CONFEDERATE PENSIONERS. 

Pension applications to be filed with State Auditor. 

Provisions for re-instatement of_ 

When admitted to Soldiers’ Home_I" I 


WIFE AND HUSBAND. 

Evidence may be given for or against each other in criminal cases 

WILSON, PRESIDENT WOODROW. 

Congratulated on securing German guarantee safeguarding non- 
combatants on liners of belligerants_ 

WITNESS CERTIFICATES. 

Payment of, and traffic in___ 


625 

639 

778 

948 

144 

281 

942 

363 

884 


























INDEX. 


1043 


WITNESS SCRIPT DEALERS. 

License tax- 52 < 

WITNESSES. 

See also Evidence. 

Disputed writings---- 134 

Husband and wife may testify for or against each other in crimi¬ 
nal cases, but are not compelled to do so- 943 

WOMEN. 

Authorized to serve on Boards of Education- 51 

Husband and wife may testify for or against each other in 

criminal cases, but are not compelled to do so- 943 

May join in drainage district petitions-, 192 

WOODSON, MRS. LANDON A. 

Appropriation for relief of- 647 

WORKMEN’S COMPENSATION. 

Joint Recess Judiciary Committee to consider- 50