entitled to registration upon furnishing satisfactory proof of their graduation from that school.

A nurse who has received her certificate according to the provisions of the law is styled and known as "Registered Nurse," with a right to the use of the initial letter of these two words as an official designation, and no other person shall assume such title. It was made unlawful after October 1, 1916, "for any person to practice professional nursing as a registered nurse without a certificate in this State." The law expressly provides that it shall not apply "to gratuitous nursing of the sick by friends or members of the family, nor shall it apply to any person nursing the sick for hire, but who does not in any way assume the title of "Registered Nurse," or "R. N." A penalty of not less than ten nor more than five hundred dollars is imposed on any one making false representations in applying for a certificate.

REFERENCES.-General Acts, 1915, pp. 271

OAKFUSKU’DSHI. A small Upper Creek village, 4 miles above Niuyaka, and 24 above Oakfuski, in Tallapoosa County. It was probably settled from Chihlakonini, a former Lower Creek town on the upper waters of the Chattahoochee, and seemingly located in the present Harris County, Georgia. About 1799 some of its people had settled in the town of Oakfusku'dshi. The latter was destroyed by Gen. White in 1813.

REFERENCES.-Gatschet, in Alabama History Commission, Report (1901), vol. 1, pp. 394, 405; Pickett, History of Alabama (Owen's ed., 1900), pp. 520, 557; Hawkins, Sketch of the Creek Country (1848), p. 51; Hamilton, Colonial Mobile (1910), p. 190; Mississippi, Provincial Archives, vol. 1, p. 95.

OAKMAN.

Post office and incorporated city, in the southwestern part of Walker County, secs. 28 and 29, T. 15, R. 8 W., on the Southern Railway, 12 miles south of Jasper, 12 miles west of Cordova, and 25 miles east of Fayette. Altitude: 150 feet. Population: 1888-400; 1890-421; 1900-503; 1910-1,065. It was incorporated by the legislature, February 18, 1895, and the charter amended December 10, 1898. The corporate limits describe a circle, with a radius of 1 mile from the old public well as a center. It has a city hall, 1 mile of concrete sidewalks, and school buildings. Its tax rate is 5 mills, and its bonded indebtedness $5,000, for schools. The Bank of Oakman (State) is its Vol. II-24

only banking institution. Its industries are 3 cotton ginneries, 2 gristmills, a shingle mill, a sawmill, a planing mill, a cotton warehouse, and 2 coal mines.

This point was first known as "Day's Gap," for the first settler, W. B. Day, who came in 1862 and settled at the lowest point in the mountainous ridges that surround the town, and through which the railroad runs. When the post office was established in 1884, it was first called York, but the Post Office Department in 1890 changed the name to Oakman, in honor of W. G. Oakman, one of the directors of the Sloss-Sheffield Iron & Steel Co. It is located on the road between Jasper and Tuscaloosa. It has one artesian well of Chalybeate water, and one of sulphur. The Dixie Spring of magnesia water is about 11⁄2 miles away; and Wolf and Cane Creeks are nearby. In the surrounding ridges there are rich deposits of minerals, principally coal.

REFERENCES.-Armes, Story of coal and iron in Alabama (1910), pp. 52-55, 489; Northern Alabama (1888), p. 172; Alabama Official and Statistical Register, 1915.

OCHRE. A durable red paint manufactured in large quantities from the soft, greasy ore, free from grit, which occurs in the soft, leached ore beds of the Silurian, or Red Mountain, formation. Much of it is used in the Birmingham Paint Works, and probably more than 2,000 tons a year are shipped from Attalla to Chattanooga, Tenn. Good yellow and red ochres are found in some of the argillaceous shales of the limonite banks, particularly in the vicinity of Talladega. Numerous deposits of both yellow and red ochres occur in the great clay formation of the State-the Tuscaloosa of the Lower Cretaceous. Mining and marketing of yellow ochre have been done in Autauga and Elmore Counties, and a deposit of fine red ochre of the same geologic formation exists near Pearce's Mill, in Marion County. The foregoing are merely typical cases of such deposits, and there are hundreds of others of equal or nearly equal importance. Tests have discovered beds of good yellow ochre overlying the St. Stephens limestone of the Tertiary, in Clarke County; also in the Grand Gulf formation of south Alabama.

REFERENCE.-Smith and McCalley, Index to mineral resources of Alabama (Geol. Survey of Ala., Bulletin 9, 1904), p. 62.

ODD FELLOWS, INDEPENDENT ORDER. A fraternal and benefit society, organized in Baltimore, April 26, 1819, the first lodge being "Washington Lodge No. 1." The order was instituted by Thomas Wildey and his associates, John Welch, Richard Rushworth, John Duncan and John Cheathan. The first lodge instituted in Alabama was at Mobile, and is known as "Alabama Lodge No. 1," organized April 23, 1837. Grand Lodge of the State was instituted at Mobile, December 13, 1841, and was chartered by the legislature January 13, 1846. Value of property of the Alabama Grand Lodge was $200,000.00 in 1916.

The Independent Order of Odd Fellows is

the largest fraternal order in the world, though only ninety-seven years have elapsed since the founding of the Order. It was the first fraternal order to establish a home to care for its orphans and the aged and indigent members of the Order. It was the first fraternal order to provide a degree for the women belonging to the households of its members, the Rebekah Lodge. The Order in Alabama dispenses for relief such as death, sickness, etc., other than the sums herein before mentioned an additional amount of approximately $50,000.00 per year. The amount dispensed for relief by the Order in the United States is approximately $7,000,000 per annum, and the invested fund for the Order in the United States is approximately $75,000,000.00.

Sisters of Rebekah.-Woman auxiliary of Independent Order of Odd Fellows.

REFERENCES.-Letters from H. C. Pollard, Grand Secretary, I. O. O. F., Huntsville, and Mrs. May D. Brunson, Secretary, Rebekah State Assembly, Mobile, in the Department of Archives and History.

ODSHIAPOFA. An Upper Creek town in Elmore County situated in a level country on the left or east bank of the Coosa River, about 2 miles above Fort Toulouse. It was so located in 1799, when visited by Hawkins. It is thus described by him:

"O-che-au-po-fau; from Oche-ub, a hickory tree, and po-fau, in, or among, called by the traders, hickory ground. It is on the left bank of the Coosau, two miles above the fork of the river, and one mile below the falls, on a flat of poor land, just below a small stream; the fields are on the right side of the river, on rich flat land; and this flat extends back for two miles, with oak and hickory, then pine forest; the range out in this forest is fine for cattle; reed is abundant in all the branches.

"The falls can be easily passed in canoes, either up or down; the rock is very different from that of Tallapoosa; here it is ragged and very coarse granite; the land bordering on the left side of the falls, is broken or waving, gravelly, not rich. At the termination of the falls there is a fine little stream, large enough for a small mill, called from the clearness of the water, We-hemt-le, good water. Three and a half miles above the town are ten apple trees, planted by the late General McGillivray; half a mile further up are the remains of Old Tal-e-see, formerly the residence of Lochlan McGillivray and his son, the general. Here are ten apple trees planted by the father, and a stone chimney, the remains of a house built by the son, and these are all the improvements left by the father and son."

The first historic reference to this town was as Little Talisi on De Crenay's map, 1733, where it is spelled Telechys. The town is there placed on the west bank of Coosa River, about midway between Kusa and Pakan talahassi. De Crenay's location would place the town in Shelby County, but if accurate, which is doubted, the exact site has not been

identified. Later the village is found about 5 or 6 miles above the falls at Wetumpka on the left or east bank of the river, where the site long remained. It is often referred to as Old Talisi, although it is not the historic town of that designation. Its location was evidently at this point in 1760, when the French census was taken, when the town had 40 men, and was located 3 leagues distant from Fort Toulouse. In that census the town name is erroneously noted as Petustatetchis, which is no other than Petit taletchis, that is, Little Talisi. By the trade regulations of 1761 this town, including Hatchi tchapa, situated a few miles northeast on the head waters of Chubbehatchee Creek, with 20 hunters, was assigned to the trader, William Struthers.

Here resided the Indian trader Lachlan McGillivray, and here his son Alexander McGillivray, was born. Here his other children were also born, and here several of them married, including Sophie, who became the wife of Benjamin Durant, and Jennet, who married Le Clerc Milfort. Alexander McGillivray resided here during the most interesting period of his life, and many of his letters, which have been preserved, are dated at Little Talisi. Indian remains, as well as the remains of old chimneys and other evidences of old houses survive. In American times the old town site was included in the plantation and extensive land holdings of Howell Rose of Wetumpka.

Some time prior to 1799 the town site was shifted from Little Talisi to Odshi apofa, and the name changed. The name means hickory ground, that is, odshi, "hickory," api, "tree, stem, trunk," ofa, "within," the last being a suffix denoting locality. At the time of Hawkins' visit the town had 40 warriors. Milfort refers to the place as "Le petit Tallasy ou village des noyers." The custom obtained in later Creek history of the installation of the principal Creek chief by the chief of Odshi apofa.

In the American state papers is a statement that Ifa hadsho, while head chief of the Creeks, gave in July or August, 1802, his home to Hopoyi miko, transferring the national council place from Tukabatchi to Odshi apofa where Hopoyi lived. On the site of this town about 1816 was laid out an American town known as Jackson, but it was short lived. The settlers moved down to Montgomery, to Alabama town, and to New Philadelphia, later to become Montgomery, in 1819.

REFERENCES.-Hawkins, Sketch of the Creek Country (1848), p. 39; Handbook of American Indians (1910), vol. 2, p. 106; Pickett, History of Alabama (Owen's ed., 1900), index under "Hickory Ground" and "Little Tallassee;" Gatschet, in Alabama History Commission, Report (1901), vol. 1, p. 404; Mississippi, Provincial Archives (1911), vol. 1, p. 95; Georgia, Colonial Records (1907), vol. 8, p. 522; Hamilton, Colonial Mobile (1910), p. 190; American state papers, vol. 4, pp. 620, 681, and 854; Dreisbach, Maj. J. D., in Alabama Historical Reports, vol. 2, No. 3, Feb., 1884.

OFFICES AND OFFICERS. An office is a public position or employment, to which an individual has been elected or appointed, and technically known or designated as an officer or official.

Offices are state, county, and municipal. There are also district offices, or offices provided for local areas, as commissioners districts of counties, election beats or precincts, school districts, or other restricted areas designated as districts. As understood in this title, the term includes only positions or employments filled by election of the people, or by appointment by some executive or other official, or department, commission, or board, to exercise powers and to perform duties of a public nature.

Offices may be again subdivided as legislative, executive, and judicial. There are also offices of state institutions. United States

senators, members of Congress, and delegates to constitutional conventions are officers in a general sense, as performing public service, and they differ from the more restricted use of the word where applied to positions carrying executive, or administrative responsibility.

An office exists, or is created, for the accomplishment of a definite object, purpose, or series of objects and purposes, and may be temporary or continuing in nature and operation. They are created by constitutional provision, details and regulations being left to the legislature, and within the limits and inhibitions of the constitution, the legislature has absolute control in the creation and abolishment of public offices, the enlargement or diminution of the duties such officers are required to discharge, and the compensation they are to receive. Where the constitution prescribes a public office, fixing its functions and duties and the mode of appointment, yet it is not within the power of the legislature to create another office to discharge the same duties, the effect of which is to nullify the constitutional office.-Ex parte Lambert, 52 Ala. 79; State v. Brewer, 59 Ala. 130.

Where a person has been elected or appointed in accordance with law to an office, he has an interest in and a right to it, complying with the conditions prescribed by statute. In that sense, he has a property in the office, but in the larger sense, offices "are the property of the people of the State." They are merely occupied by persons who are in the employment of the State as its officials. A public office is therefore a personal public trust, created for public benefit and not for the benefit of the individual who may happen to be its incumbent, and they are therefore unlike offices at common law, which were regarded as incorporeal hereditaments and were alienable or inheritable.-52 Ala. 66, 79.

The courts of the State take judicial notice of the various commissioned officers of the State, and they are presumed to know the extent of their authority, their official signatures, and their respective terms of office, that is, when such terms commence and when they expire.-76 Ala. 78, 403.

Constitutional Provisions.-The constitutional provisions governing offices and officers, 1901, are here summarized:

Certain of the laws and regulations governing offices and officers are common to all alike. These are the general requirements as to eligibility, method of election, oaths of office, official bonds, the regulations as to office, books, papers, and property, the general rules as to tenure, that is, the beginning and expiration of terms, and vacation of office, and salaries.

As required by the constitution, all officers before entering upon their respective duties are required to take an oath of office:

"All members of the legislature, and all officers, executive and judicial, before they enter upon the execution of the duties of their respective offices, shall take the following oath or affirmation:

"I,

solemly swear (or affirm, as the case may be), that I will support the constitution of the United States, and the constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God."

The oath may be administered by the presiding officer of either house of the legislature, or by any officer authorized by law to administer an oath.-Sec. 279, article XVI.

They are also required to take what is known as the dueling oath, in which they must swear that they have not "directly or indirectly, given, accepted, or knowingly carried a challenge, in writing or otherwise, to any person, to fight with deadly weapons, in or out of this State, or aided or abetted in the same since he has been a citizen thereof; and that he will not, directly or indirectly, give, accept, or knowingly carry a challenge to any person, to fight with deadly weapons, either in or out of this State; or in any manner aid or abet same during his continuance in office." The oath must be subscribed to and filed with the official prescribed by statute.-Code, 1907, secs. 14751482.

Certain public officials are required to give bond, payable to the State, with such sureties as the approving officer is satisfied have the qualifications required by law, conditioned to faithfully discharge the duties of their offices. Surety or guarantee companies may become sureties on official bonds, and if accepted, are subject to all the liabilities of sureties. The statute prescribes the officers with whom official bonds must be filed.-Code, 1907, Chap. 33, articles 4, 5, 6 and 7.

Terms of Office.-Terms of office are regulated by the constitution and statutes. They vary greatly. The constitution of 1819 gave a life tenure to the judges. This regulation, however, was changed by constitutional amendment of 1830, and now there is no officer in the State that serves with an indefinite tenure, with the exception, probably, of the superintendent of the Insane Hospi