[1717] In 1871 the legislature repealed this act, and a case that arose was carried to the United States supreme court, which, reversing a former decision of the state supreme court, held that the action of one legislature could not restrain subsequent legislatures from legislating for the public welfare by suppressing practices that tended to corrupt public morals. Besides, the court professed itself unable to find in the act any authority for a lottery. See Boyd vs. Alabama, 94 United States Reports, p. 645 (opinion by Justice Field).
[1718] Act of Dec. 31, 1868. At the same time the office of Commissioner of Lotteries was created, with a salary of $2000 a year.
[1719] This is the opinion of two subsequent members—one a Democrat and one a Radical. See also Ku Klux Report, Ala. Test., p. 426. The members were G. L. Putnam, A. B. Collins (Collins was made a professor in the University, but murdered Haughey, the Radical Congressman, and fled from the state), W. D. Miller, Jesse H. Booth, Thomas A. Cook, James Nichols, William H. Clayton, Gustavus A. Smith,—four scalawags and four carpet-baggers. The first two named resigned to accept offices created by the board. See Register of the University of Alabama, 1831-1901, p. 20.
[1720] Report, Nov. 10, 1869.
[1721] This was done at the instance of the aid societies from the North which had been doing work among the negroes.
[1722] Acts, Aug. 11, 1868. Public School Laws (pamphlet). See also Acts of Ala., 1868, pp. 147-160.
[1723] Clark, p. 98.
[1725] Nicholas Davis, a north Alabama Republican, had this to say about Lakin to the Ku Klux subcommittee: “He called on me to explain why I said unkind things about his being candidate for president of the Alabama University, and I said, ‘Mr. Lakin, you and I are near neighbors, and I don’t want to have much to do with you—not much; but I think this: didn’t you try to be president of the Alabama University?’ He said he did. I said, ‘It would have been a disgrace to the state. You don’t know an adjective from a verb, nor nothing else.’... He says, ‘... but I rather didn’t like what you said.’ I said, ‘Doctor, you will have to like it or let it alone.’ He let it alone.”—Ku Klux Rept., Ala. Test., p. 784.
[1726] Clark, p. 98, is not correct on this point; Ku Klux Rept., Ala. Test., pp. 111, 112, 113, 114; account of Dr. O. D. Smith of the second Board of Education; Independent Monitor, Aug. 9 and Sept. 1, 1868.