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Note: Property: Accession/Serial #: 128833 BLM Serial #: ALMT 0001505 Patentee: WILLIAM J WATERS State: ALABAMA Acres: 160.85 Issue Date: 5/9/1910 Land Office: Montgomery Cancelled: No U.S. Reservations: No Mineral Reservations: No Authority: May 20, 1862: Homestead EntryOriginal (12 Stat. 392) Document Nr.: 01505 Accession/Serial Nr.: 128833 BLM Serial Nr.: ALMT 0001505 SWNE 26/ 8-S 8-W No Huntsville AL Lawrence SENW 26/ 8-S 8-W No Huntsville AL Lawrence NWSE 26/ 8-S 8-W No Huntsville AL Lawrence NESW 26/ 8-S 8-W No Huntsville AL Lawrence Property: THE UNITED STATES OF AMERICA Patent Number 128833 To all to whom these presents shall come, Greeting: Whereas, There has been deposited in the General Land Office of the United States a Certificate of the Register of the Land Office at Montgomery, Alabamam whereby it appears that, pursuant to the Act of Congress approved 20th May, 1862, "To secure Homesteads to Actual Settlers on the Public Domain", and the acts supplemental thereto, the claim of William J. Waters has been established and duly consummated, in conformity to law, for the southwest quarter of the northeast quarter, the southeast quarter of the northwest quarter, the northwest quarter of the southeast quarter, and the northeast quarter of the southwest quarter of Section twenty-six in Township eight south of Range eight west of the Huntsville Meridian, Alabama, containing one hundred sixty and eighty-five hundredths of an acre, according to the Official Plat of the Survey of the said Land, returned to the General Land Ofice by the Surveyer General: Now Know ye, That there is therefore, granted by the United States unto the said William J. Waters, the tract of Land above described; To Have and To Hold the said tract of Land, with the appurtenances thereof, unto the said William J. Waters and to his heirs and assigns forever. In Testimony whereof, I, William H. Taft, President of the United States of America, having caused these letters to be made Patent, and the seal of the General Land Office to br hereunto affixed. Given under my hand, at the City of Washington, the Nineth day of May. in the year of our Lord one thousand nine hundred and ten, and of the Independence of the United States the one hundred and thirty-fourth. By the President: Wm. H. Taft By: W. P. LeRoy, Secretary John O'Connell, Acting Recorder of the General Land Office Property: "LAWRENCE COUNTY, ALABAMA LAND RECORDS", Deed Book "RR", Page 22 January, 24, 1911, W. J. Waters and wife, M. E. Waters, sold right of way to the Decatur and Falls City Development Company for the purpose of the building of a railway from Decatur, Morgan County, Alabama to Falls City, Winston County, Alabama. The right-of-way was sold for One Dollar ($1.00). The railway was never built. Property: THE STATE OF ALABAMA LAWRENCE COUNTY, ALABAMA Know all men by these presents, That whereas the securing of the building of a line of railway from the Decatur, Alabama or some point near thereto, in a South or a Southwesterly direction, and passing through the Counties of Morgan, Lawrence, and Winston to a point at or near Falls City, Winston County, Alabama, is contemplated, and is the purpose of the Decatur and Falls City Develpoment Company, A duly authorized corporation under the laws of the State of Alabama, its successors, assigns, upon completion of the ______ _________ _____ right of way are made to aid its construction; and whereas W. J. Waters of Lawrence County desires to aid said Develpoment Company in the building of said road, and is desirous that said line of road when built shall pass across his lands; Now, therefore, in consideration of the premises, and in order to encourage and promote the efforts of said Development Company, and to aid in securing the building of such railway by said Developmant Company, its successors or assigns, and as an inducment and aid to said Development Company, to secure the construction of said line of railway upon and across my premises, and for the further consideration of One Dollar to me in hand paid by said Develpoment Company, the reciept of which is hereby acknowledged. I, the said W. J. Waters, do hereby grant, bargain, sell, and convey unto the said Decatur and Falls City Development Company, a corporation as aforesaid, a strip of land one hundred feet wide and being fifty feet on each side of the center line of such railway when surveyed, staked, and located across and along these lands to wit: The NE 1/4 of the SW 1/4 & the SE 1/4 of the NW 1/4 of Section 26, being in Section 26, Township 8, Range 8, in Lawrence County, Alabama. I also grant to said Decatur and Falls City Development Company, its successors and assigns the right and privilege of entering upon and usig the said right of way and all earth and rock thereupom for the construction of said railway. I also grant said Develpoment Company, its successors or assigns, the right to fell any trees outside of the right of way which in any way may injure the road bed or track of said railway by shading the same or otherwise, and, to cut all necessary ditches to properly drain and protect said road bed and tracks and right of way and to divert any stream from flowing upon said right of way for the same purpose. To have and to hold the right of way and other privileges hereby conveyed unto the said Decatur and Falls City Development Company and its successors or assigns forever in fee simple for the purposes or uses herein mentioned but for no other purpose or use whatsoever (seal). THE STATE OF ALABAMA LAWRENCE COUNTY I, W. L. Byars a Notary Public in and for said County hereby certify that W. J. Waters and his wife M. E. Waters, whose names are signed to the foregoing conveyance, and who are known to me, acknowledged before me this day, that being informed of the contents of the conveyance they executed the same voluntarily, on the day the same bears date. Given under my hand this, the 311st day of January, 1911. W. L.Byars Notary Public THE STATE OF ALABAMA LAWRENCE COUNTY I, W. L. Byars, a Notary Public in and for said County, hereby certify that on 31 day of Jan., 1911, came before me the within named M. E. Waters, known as the wife of W. J. Waters who being examined separate and apart from the husband touching her signature to the foregoing conveyance, acknowledged that she signed the same of her own free will and accord, and without fear, constraint, or threats on the part of her husband. In witness, whereof, I have heretunto set my hand this 31 day of Jan.1911. W. L. Byars Notary Public Property: "LAWRENCE COUNTY, ALABAMA DEED BOOKS", Deed Book 2, Page 356 1918, September 26 - William J. Waters and wife Elizabeth sold land, 160.86 acres, NW 1/4 of SE1/4, SE1/4 of NW 1/4 & SW1/4 of NW1/4 of Section 26, Township 8 South, Range 8 West, Lawrence County. This land was sold to the United States of America. They recieved $723.87 for the land. Property: THE STATE OF ALABAMALAWRENCE COUNTY This indenture, made this the 26 day of August, 1918, between William J. Waters, and his wife, Elizabeth Waters, of the County of Lawrence, State of Alabama, as a party of the first part, and the United States of America, as party of the second part. Witnesseth: That the party of the first part for and in consideration of the sum of Seven Hundred and Twenty Three Dollars and Eighty Seven cents, ($723.87) paid to them by the party of the second part on the delivery of this instrument, the reciept of which said sum is hereby acknowledged, has granted, bargained and sold and by these presents do grant, bargain and sell and convey unto the United States the following described real estate: to wit: The North West quarter of the South East quarter, the South East quarter of the North West quarter, and the South West quarter of the North East quarter of Section 26, Township 8 South, Range 8 West, Huntsville Meridian, in the County of Lawrence, and the State of Alabama, containing one hundred and sixty acres, more or less, together with all the rights , tenements, hereditaments, easements and appurtenances thereunto belonging. To Have and To Hold unto the said United States of America, its successors and assigns forever. The said party of the first part, William J. Waters and his wife, Elizabeth Waters, hereby covenant for themselves and their heirs and assigns, that they are lawully seized and possessed of the said premises; that the said grantors have a good right to sell and convey the same; that they will, and their heirs, executorsand administrators, shall warrant and defend the same unto the said United States of America, its sucessors and assigns forever, against the lawful claims of all persons whomsoever. In witness whereof, we have hereunto set our hands and seal, this the 26 day of August 1918. Witness: M. C. Bragg W. J. Waters (seal) Elizabeth (herX mark) Waters (seal) STATE OF ALABAMA LAWRENCE COUNTY I, M. C. Bragg, a Notary Public do hereby certify that on the 26 day of August 1918, came before me the within named Elizabeth Waters, known to me to be the wife of the within named William J. Waters, who being examined separate and apart from her husband touching her signature to the within agreement of purchase, acknowledged that she signed the same of her own free will and accord, and without fear, constraints, or threats on the part of her husband. In witness whereof, I hereunto set my hand this 26 day of August 1918. M. C. Bragg a Notary Public (Title)STATE OF ALABAMALAWRENCE COUNTY I, M. C. Bragg, a Notary Public in and for the said County, hereby certify that William J. Waters and his wife Elizabeth Waters, whose names are signed to the foregoing conveyance and who are know to me, acknowledged before me on this day that being informed of the contents of the conveyance, they executed the same voluntarily on the day the same bears. Given under my hand this the 26 day of August 1918. M. C. Bragg a Notary Public (Title) Property: "LAWRENCE COUNTY, ALABAMA DEED BOOKS", Deed Book 16, Page 33 Recorded 1928, January 6 - W. J. Waters paid C. E. Pitt and wife, Effie L. Pitt for the mineral Rights on the following property: SW1/4 of NE1/4 of Section 9, Township 9 S, Range 6 W in Lawrence County. Property: THE STATE OF ALABAMALAWRENCE COUNTY Mineral Rights Know all men by these presents that in consideration of the sum of $40.00 fourty dollars to us paid in hand by W. J. Waters the reciept whereof hereby acknowledged we the said Elmer Pitt & wife Effie L. Pitt hereby remiss release quit claim and convey unto the said . J. Waters all our right title interest and claim in or to the oil and asphalt on the following described described land: the South West quarter of the North east quarter Section 9, Township Six Rane 6 West, situated lying and being in Lawrence County. C. E. Pitt Effie L. Pitt THE STATE OF ALABAMALAWRENCE COUNTY I, S. C. Lentz Justice of the Peace in and for said County hereby certify that Elmer Pitt & wife Effie L. Pitt whose names are signed to the foregoing conveyance and who are known to me acknowledged before me on this day that being informed on the contents of the conveyance they executed the same voluntarily on the day the same bears. Given under my hand this 13 day of April, 1927. S. C. Lentz Justice of the Peace THE STATE OF ALABAMALAWRENCE COUNTY I, S. C. Lentz Justice of the Peace in and for said county hereby certify that on the 13 day of April 1927, came before me Effie L. Pitt known to me to be the wife of Elmer Pitt who being examined separate and apart form her husband touching her signature to the foregoing conveyance acknowledged that she signed the same of her own free will and accord and without fear constraint or threats on the part of the husband. In witness whereo I have hereunto set my hand this the 13 day of APril 1927. S. C. Lentz Justice of the Peace THE STATE OF ALABAMA LAWRENCE COUNTY I hereby certify that the within Deed was filed for record in my office on the 6th day of January, 1928, and was this day duly recorded in Deed Book No. 16 page 33. Given under my hand this the 6th day of January, 1928. W. R. Jackson Judge of Probate This was in the Bankhead Forest area, south of the present day Forest Ranger Station off Highway 33. According to Dwight Waters, who traced the description of the original landgrant, this property is reached by turning left off Alabama Highway 33 at the Ranger Station. The property was approximately a mile down the road. Census: 1900 CARROLL COUNTY, GEORGIA - Lowell District - Enumerated June 8, 1900 - Supervisor's District # 4 - Enumerator's District # 12 - Sheet # 6 B- Household # 101 William J. Waters, Male, Born Feb 1875, Age 25, Married 5 Years, GA, GA, GA, Farmer, Rents Property, Farms 100 Acres Elizabeth, Female, Born Dec 1874, Age 25, GA, GA, GA Henry, Male, Born Jun 1897, 2, GA William G., Male, Born Aug 1899, Age 10/12, GA Elizabeth's brother Larkin Dutton lives 8 households away At some point between June 1900 and May 1910, William Jackson and Martha Ann Elizabeth Dutton Waters moved to Lawrence County, Alabama. They moved to the Pinhook area, where his father had moved to before 1900 from Carroll County, Georgia. Census: 1901 - 1911 VOTER REGISTRATION (Partial), Lawrence County, AL., Page # 42 Voter - Waters, W. J. DOB - 27 Feb 1875 Age - 38 Beat - #8 - Pinhook & Mt. Springs Census: 1910 LAWRENCE COUNTY, ALABAMA - Pinhook Beat # 8 - Cheatham Road - Household # 66 William J. Waters, Male, 35, Married 15 Years, Farmer, GA Elizabeth, Female, 35, 5 of 5 Children Living, GA Henry, Male, 12, GA Grady, Male, 10, GA Ever, Female, 7, GA Earnest, Male, 5, AL Nettie, Female, 9/12, AL (William J. and Elizabeth lived near Ambros Spillers, Phil Garrison and 6 households away from Jack McDowell) Census: 1918 LAWRENCE COUNTY, ALABAMA VOTER REGISTRATION and POLL LIST William J. Waters - Beat # 8, Pinhook Precinct Census: 1918 LAWRENCE COUNTY SCHOOL CENSUS - Page # 12 - Wren School District Name of Parent - Waters, W. J. Names of Children: Waters, Grady, Date of Birth - 8/6/99, Age - 18, Distance From School - 1/2 Mile Waters, Eva, Date of Birth - 8/3/02, Age - 16, Distance From School - 1/2 Mile Waters, Earnest, Date of Birth - 4/2/15, Age - 13, Distance From School - 1/2 Mile Waters, Nettie, Date of Birth - Age - 8, Distance From School - 1/2 Mile (Lived next to Ellis Montgomery) Census: 1919 LAWRENCE COUNTY, ALABAMA VOTER REGISTRATION and POLL LIST William J. Waters - Beat # 7, Moulton Precinct Census: 1920 LAWRENCE COUNTY, ALABAMA VOTER REGISTRATION & POLL LISTWilliam J. Waters - Beat # 10, Morris Chapel Precinct Census: 1920 LAWRENCE COUNTY, ALABAMA - Morris Chapel District - Page 6B - Taken January 28 & 29, 1920 - Household # 107 William J. Waters, Male, 44, General Farmer, GA, Owns Farm (No Mortgage) Elizabeth, Female, 45, GA Grady, Male, 20, GA Eva, Female, 17, GA Ernest, Male, 14, AL Nettie, Female, 10, AL Minnie B., Female, 7, AL (Lived next door to James K. P. Shelton ) Census: 1930 LAWRENCE COUNTY, ALABAMA - Precinct # 10- Morris Chapel District -Enumerated May 9,1930 - Supervisor's District # 40-18 - Enumerator's District # 1 - Sheet # 15 A - Household # 193 William J. Waters, Male, Owns Property, 55, Age at 1st marriage 20, GA, SC, GA, Farmer, Farms 191 Acres Lizzia, Female, 55, Age at 1st Marriage, 20, GA, AL, GA Nettie, Female, 20 Ninnis B. (Minnie B.), Female, 18 (Lived next door to Mart Shelton and William J. Waters' son, Ernest Waters) Census: 1930 LAWRENCE COUNTY SCHOOL CENSUS - Book # 3 - District or Block - 4 - White Family School Census Card Name of Parent - Father - Waters, W. J. Mother - Waters, M. E. Mailing Address - Trinity, Rt. # 1 Birthplace - Father - United States Mother - United States Living - Father - Yes Mother - Yes Reads & Writes - Father - Yes Mother - Cannot Read, but can write Speaks English - Father - Yes Mother - Yes Citizen - Father - Yes Mother - Yes Occupation - Father - Agriculture Mother - Housekeeping Names of Children: Nettie Waters Name of School - New Center Distance from School - 2 & 1/2 Miles Birth - Year - 1910; Month - 9; Day - 18 Authority for Birth Date -Parent's Statement Grade - 8 Reads and Writes - Yes Sex - Female Defects - None Age - 19 Minnie Bell Waters Name of School - New Center Distance from School - 2 & 1/2 Miles Birth - Year - 1912; Month - 3; Day - 14 Authority for Birth Date -Parent's Statement Grade - 7 Reads and Writes - Yes Sex - Female Defects - None Age - 18 1940 LAWRENCE COUNTY. ALABAMA - Precinct 12 - Conway Road - Enumerated April 26, 1940 - SD# 8 - ED# 40-23 - Sheet # 12B - Household # 204 William J. Waters, Male, 65, GA, Farmer Nettie Melson, Female, Daughter, 31, AL Regina Melson, Female, Granddaughter, 6, AL Raford, Male, Grandson, 11/12, AL Professions: Farmer SOURCES: "OFFICIAL LIST of VOTERS of LAWRENCE COUNTY, BEAT NO. 10; April 20, 1920 Waters, W. J. SOURCES: "WARRIOR MOUNTAIN FOLKLORE", By Rickey Butch Walker, Printed October 1995, Page # 126 "the Waters Place, which was located about one mile south of Leola Road on the Owl Creek Road." SOURCES: SOURCES: Falls City: A History of Development and Demise Written by: Elizabeth L. McCandless In 1961, Alabama Power Company began flooding the Warrior River Basin to create a reservoir for a new power house. This reservoir affected portions of Walker, Winston, and Cullman Counties. The company constructed a 300 foot, 2,200 foot long earth and rock dam in Walker County, Alabama. The dam, located in the upper New Hope area, bore the name of Lewis M. Smith, a former president of Alabama Power Company. The new power plant activated on September 5, 1961. This action inundated 21,000 acres and created over 500 miles of shoreline. Citizens of all three affected counties made it a social activity to go to the creeks and rivers in the area and watch the flood waters rise. The accuracy of the surveyors amazed many as the water came within six inches of their marks. Alabama Power had executed an extensive survey to determine the location of the lake and dam. As early as the 1940s, the company monitored rain gauges in the area. Selected local residents received a salary of seventy five cents a month to report rainfall data. Work crews surveyed the area beginning in 1951. The dam's progress remained public interest for over a decade. Company officials considered the area ideal because of its remoteness. A deep reservoir such as this could hold a maximum amount of water without taking up excess space. The power company performed many studies in the area to be flooded. Contractors cleared the timber from the land, relocated old graves, and dug a diversion channel to reroute water during construction of the dam. An aerial survey conducted by Aero Service Corporation launched the project. Maps created from the aerial data facilitated several projects. Representatives of the company located grave sites and procured consent from the next of kin to move the remains out of the flood zone. Material testing enabled Alabama Power to locate nearby dam building materials. The historical and archaeological value held little consideration when determining the location for the reservoir. Alabama Power did not fund any archaeological inquiries before inundation of the lake. Historic preservation laws did not take effect until 1966, five years after the creation of Smith Lake. Residents of the area knew of several important archaeological sites but did not try to preserve any of them because no one truly believed that Alabama Power would create the lake. Clear Creek Falls, legendary twin waterfalls, also became a part of the lake. These falls had served as a geographic landmark for centuries. The upper falls measured 43 feet and the lower falls 37 feet. The falls reached a peak in popularity in 1961 as all the local newspapers published articles of farewell. People made pilgrimages as the falls slipped beneath Smith Lake. On the final day, one man in the crowd raised his fist and proclaimed, "The Lord will not allow it to stand!" The gentleman referred to the lake that would hide the falls within its waters. From the turn of the century until its demise in 1961, the falls retained their popularity as an informal recreation area. The town of Falls City, however, dwindled to nothing. The potential for a booming development had been tapped and failed. Falls City did not become a prosperous town despite developer's efforts. The town possessed potential but experienced many setbacks. Many factors led to the town's demise. The location of the town with no railroads and no highways played a key role in its decline. A collection of Alabama road maps revealed the story of Falls City. A 1901 map labeled the town as Elk, Alabama. By 1909, the cartographer had replaced Elk with the name Falls City. In 1961, a finger-shaped lake appeared on the map which cut Falls City off from Walker County. The town no longer existed, but it remained a place name on the state map until 1980. A traveler could still follow the map to Falls City. After 1977, the traveler's efforts resulted only in finding a historical marker which described the nearby falls now under Smith Lake. The name of the area changed twice during its development. Clear Creek Falls established a post office on September 29, 1853. Postmaster Benjamin Boteler ran the office. In 1888, postmaster John M. Wilson filed paperwork to change the name of the office to Elk, Alabama. While Fred M. Wilson served as postmaster, the name changed to Falls City. This final place name stuck and people referred to the area as "Fall City" regardless of the year the speaker mentioned. The United States Postal Service abolished the Falls City post office on November 30, 1953. The office had served residents of the area for just over 100 years. Twenty-four postmasters served terms at this post office. Some postmasters served for only a short time or took office only until a permanent replacement could be found. The post office would have been abolished sooner had it not been for the willingness of area residents to serve as postmaster. The history of the Falls City post office served as proof that change occurred slowly in Falls City. Andrew Baldwin carried the mail by horse and buggy beginning in 1922. The mail carrier used an automobile after Baldwin's retirement in 1951. The Clear Creek Falls had served Native Americans (Chickasaw and Cherokee tribes) for centuries as a gathering place, burial ground, and navigational landmark. Due to isolation, white settlers did not discover the falls until 1812. Jesse Livingston first encountered the falls on a trip into country recently acquired from the Chickasaw tribe. Livingston and his party traveled by horseback to reach the falls. Since the falls held a fascination for Livingston, he returned two years later to the area and built a cabin. Unpaved roads developed as the number of settlers in the area increased. A traveler endured many miles of twisting, winding roads and forded a creek from any direction to approach the area. In the 1940s, travel to Falls City became so treacherous that many cars ended up in ditches. A person could not travel in the area without seeing at least two motorists in need of a tow truck. The first steel bridge built at Falls City connected the post office to the outside world in 1900. A second steel bridge enabled a school bus to service Falls City. This bridge excited people who frequented Falls City so they piled into vehicles and crossed the bridge to visit relatives. Residents of Falls City knew that better access to the town needed to be established. A group of citizens took the initiative in 1926 and graded their own road over Clear Creek Hill. This hill presented the biggest obstacle between the town and Jasper, Alabama. D.W. Day donated gravel from his stockpile. Day also appealed to the merchants of Jasper for financial assistance for the road building project. He argued that easier access to Jasper would result in a boom for Jasper merchants. The merchants, however, did not share the same view and few, if any, donated to the project. Other attempted access routes to Falls City involved the railroad. The promise of the railroad lifted the hopes of area residents. The mere notion of easier transportation promoted development as people began moving into the area. Bids for the railroad sparked competition between fledgling municipalities. Developers of the area knew that strategic placement of the railroad could make or break a town. Both the Winston and Walker county newspapers appealed to residents to cooperate with railroad promoters. Railroad representatives solicited right of way easements and money from residents. Sometimes the railroad promoters took money and disappeared, never to be heard from again. Two lines, the Decatur and Aberdeen and the S & B Railroad, considered intersecting at Clear Creek Falls during the economic boom in the 1880s. Both railroad companies later decided to use alternate routes. The cost of construction in this area would have been high. Because of the hilly landscape, building there required many trestles and tunnels. Construction materials such as railroad ties and iron rails would have been physically impossible and financially inadvisable to transport across this rough, isolated terrain. Despite these problems, many companies entertained the prospect of building a line through Falls City. In 1889, Colonel Frank B. Merill of Mobile leased the Gulf & Chicago Railroad. He revealed plans for a line which would have run from Mobile to Jackson, Tennessee. Colonel Merill personally visited small towns to raise funds for the survey. Colonel Merill raised the hopes of residents in Falls City (then known as Elk). But by 1907, the Gulf & Chicago Railway faced bankruptcy. The company owned one line which ran through Mississippi. This line had been leased out. No more lines were developed. The lease had provided Gulf & Chicago Railway with its only source of income. The company ended the year 1907 in red. The Manchester Lumber Company had a railroad line that came within two miles of Falls City. In 1906, D.W. Day approached Manchester Lumber Company with a proposal to extend the existing railway to Falls City and convert the line to electric power. The power produced by the falls would have fueled the proposed Interurban railway. The lumber company rejected the idea. The Russell and Myers (Chicago, Illinois); Decatur, Danville, and Southwest Railroad; and the Central of Alabama all looked at the prospect of building a railroad through Falls City. None of the companies included the town in their routes. Falls City would be left out of the railroad routes permanently. In April of 1920, the lack of railroad access became apparent. A tornado devastated much of Winston County including sections of the Falls City area. County residents had to rely on their own resources to recuperate and rebuild. A reporter from the Mountain Eagle revealed that storm victims had not received the same volume of aid than those in other counties affected by the tornado, and he cited the lack of railroads as the sole reason that aid could not reach Winston Countians. Numerous attempts, legal and illegal, to harness the power of the falls also failed. The James-Randall Gang allegedly used the falls to power a counterfeit operation in the 1820s. A Tuscaloosa posse captured the gang members and took them back to Tuscaloosa County for hanging. Even honest uses of the falls met with misfortune. Jesse Livingston's mill may have been destroyed by flood. Livingston constructed the first grist mill in the area in 1828. The mill consisted of an overshot wheel, grindstones, and a log dam which routed water to the wheel. No structure covered the mill. D.W. Day established the Falls City Power Company. The company, headquartered in his hometown of New Decatur, appeared to exist in name only. Despite all of Day's efforts to harness the power of the falls, no electricity serviced this area until the 1940s. Clear Creek frequently overflowed its banks. Even a Native American legend alluded to swollen waters at the falls. Flooding activity made it impossible for structures to remain on the creek banks for any length of time. Alabama Power cited flood control as a benefit of impounding the Sipsey River. The falls generated power for all the mill operations located on Clear Creek. Thomas Wilson operated a grist mill at the falls between 1870 and 1880. Wilson moved to Brushy Creek and established a grist mill there sometime after 1880. Unlike the Clear Creek mill, the Brushy Creek mill prospered and served Winston County citizens for fifty years. N.B. Posey purchased a mill in 1903 at Falls City. Posey operated a grist mill, cotton gin, and shingle mill. Tubbs and Shepherd operated a saw mill in 1907. D.W. Day ran his sawmill by generator. Goge and Neely, lumbermen from Fulton, Mississippi, purchased acreage at Falls City in 1926. The lumbermen erected a saw mill for the sole purpose of processing the timber they cut. According to Fred M. Wilson, the sawmill suffered due to lack of laborers. By the late 1950s the decline of lumber and other forest products caused a substantial loss of jobs. The forests of Walker and Winston Counties became depleted. Merchantable timber reserves grew scarce. The cost of lumber production rose. Existing mills could not modernize due to the lack of financing. All these were factors in the decline. D.W. Day took quite a promotional interest in the town of Falls City. He generated many articles and brochures about the town. Day produced a brochure in 1907 to entice industry to locate in Falls City. This brochure outlined all the resources that Falls City had to offer. Day listed natural resources such as coal, iron ore, timber, and water power. He also promised the Interurban Railroad and a power plant. Both of these ventures failed. The businesses listed as already established at the site included a sawmill, two general merchandise stores, a drug store, a couple of two story concrete store buildings, a hotel, a Methodist Church, "a good public school," a cotton gin, and a grist mill. The brochure cited real estate as the only way to make a fortune. Lots offered for sale cost $100.00 for residence or corner business lots and $50.00 for inside business lots. Day provided financing at the rate of $5.00 down and $5.00 per month without interest. Anyone who located a factory at Falls City acquired the land for free. Even with the lure of free land, it would have been folly to establish a factory at Falls City. A factory owner would have faced transportation problems. The cost involved to manufacture a product in the area would have been too high with no easy means to bring raw materials to the factory and to transport the finished product to market. A second promotional brochure created by Day surpassed the first in prose and romantic appeal. The producers of both brochures appealed to the reader's desire for beauty and tranquility. Both placed emphasis on camping and other recreational activities of the area. The second brochure touted an offer not to be overlooked. The Federal Guarantee Company offered Guaranty Gold Bonds with every land purchase at Falls City. If a landowner chose not to keep the land, he could simply present the guarantee to the First National Bank of Hartselle for a full repayment. Services offered by the town became crucial in the attraction of residents and merchants. Since travel to the town proved to be tedious and difficult, all amenities had to be offered locally. No school building existed in Falls City. A local church furnished space for a school. Teachers served for short terms, summers included. In addition to the post office, Falls City boasted a hospital owned and operated by Dr. William R. Snow. He closed his hospital in 1922 when Walker County built a hospital in Jasper that offered better facilites. Snow still practiced medicine until his death at the age of 95. Even with a doctor, post office, school, stores, and recreational activities, Falls City's isolation deterred people from taking up residence there. Recreation played an important role for the area residents. Organizations hosted numerous picnics over the years. In July of 1926, the Falls City Baptist Church hosted a homecoming picnic for people who had moved away from the area. The local papers announced activities such as Fourth of July picnics and a debating society in 1897. A city park had been erected during the development effort of 1907. In the 1940s, young people of the area walked to nearby Arley for a coke or visited the falls or the Sipsey River. The Fourth of July picnic held at the falls in 1907 attracted more than 2,000 people. The picnic planners showcased the new Masonic Hall. Fred M. Wilson gave the welcoming speech for this well publicized event. This particular picnic lured people to see the development of Falls City. A writer for The New Era chastised Captain Day because he did not advertise in the county's paper. "When they put an ad in the home paper, people will see that the movement contains more than wind." The writer referred to the promoter's determination to cling to ties with Walker County although the area of Falls City had become part of Winston County on February 12, 1850. Although people held the general attitude that they did not want to live at Falls City, everyone visited to take advantage of recreation. Visitors picnicked, swam, and posed for family portriats at Clear Creek Falls. Also, several people were married at the falls. Despite bad roads and lack of alternate forms of transportation, travelers from out of state would come to view the falls. Many would stop at the last house before the falls to ask directions. At least one picture post card depicted the falls, prompting curious travelers to come see for themselves. The Alabama state road map listed Clear Creek Falls as a tourist attraction through the year 1961. Dr. Snow and other residents had attempted to turn the falls into a state park. At one point, Snow had built a concession stand and a parking lot at the falls. He had tried deeding land to the United States Forest Service in hopes that a recreation area would be created. A stipulation in the deed stated if the Forest Service ever sold the land, it would revert back to the previous owner. When Alabama Power acquired the land from the Forest Service, Snow had to be paid also. Certain factors controlled the potential of a site as a recreational area. These factors included growth in urbanization and increased mobility of the population. Urban centers made it easier to acquire goods and services. With products close at hand, people living in these urban areas had more leisure time. Incomes began to increase; the combination of these factors created an increase in the demand for a greater variety of recreation and family activities. By the time the conditions became favorable for a recreation area, the falls had been replaced by Smith Lake. Ironically, the Forest Service finally built a recreation area on Smith Lake in 1988. Clear Creek Recreational Area is located at the site of the drowned falls. Park officials placed a text panel at the site describing the falls and the Falls City Post Office. Every summer, this recreation area fills to capacity with campers, hikers, swimmers, boaters, and skiers. The lake achieved what the falls could not. Other factors affecting the potential of Falls City included its reputation which had a few blemishes over the years. Isolation may have protected Falls City from crimes committed by outsiders but this same isolation could not protect its citizens from themselves. An article in the Mountain Eagle in 1903 proclaimed "Murder at Clear Creek Falls." B.M. (Mote) O'Rear an ex-sheriff of Walker County, settled at Elk, Alabama. O'Rear became a suspect in the murder of John M. Wilson. O'Rear and Wilson lived next to each other for over a year. Wilson had sold O'Rear the house and property on which he lived. O'Rear learned that there had been a $50.00 mortgage on the property at the time he purchased it from Wilson. This angered O'Rear, so he confronted Wilson with a double-barreled shot gun. An argument between the two men escalated. O'Rear claimed that Wilson made a grab for the gun and in the struggle, it went off, killing Wilson. Although Wilson had been shot five times, O'Rear's story could not be disputed because no one witnessed the incident. Four years later, the case went to trial. O'Rear pleaded guilty to second degree manslaughter. Judge Ray sentenced him to a $500.00 fine and a day in jail. The sentence satisfied Wilson's relatives. O'Rear's lawyers, however, felt confident that their client could have been acquitted of the crime. Economic and governmental changes effected the development at Falls City as well. The state wide changes from farming to industry sent family members elsewhere to seek employment. Farming could no longer sustain a large family without some outside income. Cotton, a common crop at Falls City, failed after the Civil War. Farm reports indicated that cotton crops did not fare well in this location. The Depression convinced local land owners that the land had become a tax burden. Many sold their acreage to the Forest Service and moved out. One of the earliest economic blows came when the county seat of Winston County moved from Houston to Double Springs in 1883. Houston was located much closer to Falls City. If the county seat had remained there, the fate of the town would likely have been different. Residents deserted Falls City long before construction of the dam began. The town had exhausted all possibilites for growth by the time the flood waters covered Clear Creek Falls and the remainder of Falls City. Falls City never fulfilled the expectations of its developers. TIMELINE: 1901-1911 - William J. Waters lived in the Pinhook Area (Voter Registration) TIMELINE: 1910 - He lived in the Pinhook Beat, Lawrence County (Census) TIMELINE: 1910, May 10 - William Jackson Waters, Patent # 128833, Homestead Entry This was in the Bankhead Forest area, south of the present day Forest Ranger Station off Highway 33. TIMELINE: 1911, January 24 - William Jackson Waters sold right-of-way to the Decatur & Falls City Development Company for the purpose of a railway to cross his land for $1. (Lawrence County, Alabama Land Records) TIMELINE: 1918 - Lived and voted in Pinhook District, Lawrence County (Voter Registration) TIMELINE: 1919 - Lived and voted in Pinhook District, Lawrence County (Voter Registration) TIMELINE: 1918, September 26 - William J. Waters and wife Elizabeth sold land, 160.86 acres, Lawrence County, to the United States of America. The government began buying up the land on the mountains to secure property for a National Forest. They moved down off the mountain to Wren, and lived in the area of Elam Creek, off present day Highway 36. TIMELINE: 1919 - William J. Waters got on his horse one day and told his family he was going to look for them some land. He was gone for an unknown amount of time, with his family not knowing where he was or if he was dead or alive. He finally returned and said he had found his land. This land was located where Hollis Shelton had his shop and next to where Grady Waters and Elzie Shelton Waters lived after they married. (From Jean Melson Reed, as told by her mother, Nettie Waters Melson) TIMELINE: 1920, January 28 & 29 - Lived in Morris Chapel Area of Lawrence County, Alabama (Census Records) TIMELINE: 1920 - Lived and voted in Morris Chapel District, Lawrence County (Voter Registration) TIMELINE: 1927, April 13 - W. J. Waters paid C. E. Pitt and wife, Effie L. Pitt for the mineral Rights on the following property: SW1/4 of NE1/4 of Section 9, Township 9 S, Range 6 W in Lawrence County. TIMELINE: 1920, April 2 - Listed as a registered Voter in Lawrence County, Beat No. 10 TIMELINE: 1951, October 8 - Died in Lawrence County and was buried in Montgomery Cemetary. DEATH: According to Jean Waters Reed, William Jackson Waters was had been picking butterbeans in the field, had returned to his back yard, had a stroke and fell unconcious to the groud and never woke up. DEATH: "OBITUARY"; Published Moulton Advertiser; Moulton, Lawrence County, Alabama; Published October 11, 1951 W. J. Waters Dies After Year's Illness Funeral services were held Wednesday at 2 p. m. for William Jackson Waters, 76, Trinity 1. Mr. Waters died Monday morning following a year's illness. The funeral was held from Wren Baptist Church, Rev. Willie Parker and Rev. Walter Kurl officiating. Burial was in Montgomery Cemetery. The grandsons served as pallbearers. Surviving are two sons, Grady and Ernest Waters, both of Trinity; three daughters, Mrs. R. J. Gray, Moulton, Mrs. James Nelson (should be Melson), Kalamazoo, Mich., and Mrs. Minnie Bell Carver (should be Garner); three brothers, A. M. Waters, Jasper, J. A. Waters, Lyford, TX., and Lee Waters, Qulin, Mo.; three sisters, Mrs. Fronie Higgins, Hackleburg, Mrs. Emma Gilley, Whitesburg, GA., and Mrs. Mollie Vines, Newnan, GA; 32 grandchildren and eight great grandchildren. DEATH: "ALABAMA DEATH REGISTER" Name:W. J. Waters Death Date:08 Oct 1951 County: Lawrence Volumn # : 42 Certificate #: 20995 DEATH: "CERTIFICATE OF DEATH" State of Alabama Place of Death: Lawrence County City: Moulton Full Name of Hospital: Moulton Hospital Usual Residence: Alabama County: Lawrence City: Trinity Beat # 10 Street Address: Route # 1 Name: William Jackson Waters Date of Birth: February 27, 1895 Age: 76 Years Place of Birth: Carrollton, Georgia Father: J. R. Waters Mother's Maiden Name: Ellen Cash Informant: Mrs. R. J. Gray Address: Moulton, Alabama Cause of Death: Cerebral Hemmorage Due to: Hypertensive Heart Interval Between Onset and Death: 2 Days I hereby certify that I attended the deceased fron October 6, 1951 to October 8, 1951, that I last saw the deceased alive on October 8, 1951 and death occurred at 8:30 A. M. from the causes and on the date stated above. Signature: Willard W. Irwin, MD Address: Moulton, Alabama Date Signed: November 1, 1951 Burial, Cremation, Removal: Burial Date Interred: October 10, 1951 Nae of Cemetery: Montgomery Cemetery Location: Wren, Alabama Registrar's Signature: Vada Mills Date Recieved: November 5, 1951 Funeral Director: Brown Funeral Company Address; Decatur, Alabama DEATH: Name: William Jackson Waters Titles: Titles & Terms - Prefix(standardized): Death date: 08 Oct 1951 Death place: Moulton, Lawrence, Alabama Gender: Male Race or color (on document): Race or color (expanded): Age at death: 76y Estimated birth year: 1875 Birthdate: Birthplace: Marital status: Spouse's name: Spouse's titles: Spouse's Titles & Terms - Prefix(standardized): Father's name: J. R. Waters Father's titles: Father's Titles & Terms - Prefix(standardized): Father's birthplace: Mother's name: Ellen Cash Mother's titles: Mother's Titles & Terms - Prefix(standardized): Mother's birthplace: Occupation: Street address: Residence: Cemetery name: Burial place: Burial date: Funeral home: Informant's name: Additional relatives: Film number: 1908863 Reference number: 20995 Collection: Alabama Statewide Deaths 1908-1974 DEATH: U.S., Social Security Applications and Claims Index, 1936-2007 Name: William J Waters SSN: 263282871 Birth Date: 12 Jul 1893 Death Date: 4 Feb 1953 Claim Date: 4 Mar 1953 Type of Claim: Death Claim Notes: 17 Dec 1976: Name listed as WILLIAM J WATERS BURIAL: William Jackson Waters was buried in Montgomery Cemetery on AL HWY 33 south of Moulton. His wife and son, Henry, daughter, Nettie Ellen Waters Melson, grandsons, Ronald Melson, and Raiphord Melson are also buried there. BURIAL: "MONTGOMERY CEMETERY" Burial Listing Compiled by Donna Evans, 2001 Waters, Henry Jan 14 1897 - Oct 18 1918 Waters, Martha Ann E. Dutton, wife of William J. Dec 18 1874 - Jun 27 1943 Waters, William J. Feb 27 1875 - Oct 8 1951 Melson, Nettie Ellen Waters, dau of W. J. & M E. Sep 20 1909 - Apr 13 1994 Melson, James Raiphord SFC Army A Btry 6 Bn 65 Arty May 6 1939 - May 28 1971 Melson, Ronald Edward Jun 10 1942 - Aug 6 1977 BURIAL: "TOMBSTONE INSCRIPTION" Montgomery Cemetery William J. Waters Feb 27, 1875 - Oct 8 1951 (Double tombstone with wife Martha Ann E. Dutton Waters) MARRIAGE: "CARROLL COUNTY, GEORGIA MARRIAGES"; Carrol County Courthouse; Carrollton, Georgia Marriage Book H; Page 307 William Jackson Waters to Lizzie Dutton License Issued March 9, 1895 Married March 10, 1895 Marriage License STATE OF GEORGIA COUNTY OF CARROLL To any Judge, Justice of the Peace, or Minister of the Gospel: You are hereby authorized to join Mr. W. J. Waters and Miss Lizzie Dutton in the Holy State of Matrimony, according to the Constitution and laws of this State, and for so doing this shall be your License. And you are hereby required to return this License to me with your certificate hereon of the fact and date of the marriage. Given under my hand and seal, this 9th day of March, 1895. Signature: S. J. Brown, Ordinary Certificate GEORGIA, CARROLL COUNTY I certify that Mr. W. J. Waters and Miss Lizzie Dutton were joined in Matrimony by me this 10th day of March, Eighteen Hundred and Ninety Five. Signature: L. G. Cowart, M. G. Recorded 11 day of April, 1895. Signature: S. A. Brown, Ordinary MARRIAGE: "GEORGIA MARRIAGES 1808/1967 Groom's Name: W. J. Waters Bride's Name: Lizzie Dutton Marriage Date: 10 Mar 1895 Marriage Place: , Carroll, Georgia Indexing Project (Batch) Number: M71236-3 System Origin: Georgia-ODM Source Film Number: 341904 Reference Number: Collection: Georgia Marriages, 1808-1967 Military: �WORLD WAR I DRAFT REGISTRATION CARDS�; Lawrence County, Alabama; Men From age 18 to Age 48 required to Register; Huntsville Library; Huntsville, Alabama; April 2004 Registration Card Serial #: 1311 Order #: 572 Full Name: William Jackson Waters Permanent Street Address: 5, Moulton, Lawrence, Ala. Age In Years: 43 Date of Birth: Feb. 27, 1875 Race: White U. S. Citizen?: Native Born Present Occupation: Farming Employer�s Name: E. Ellis Place of Employment: 5, Moulton, Lawrence, Ala. Nearest Relative: Martha Waters Relationship: Blank Address: 5, Moulton, Lawrence, Ala. Signature: William Jackson Waters Register�s Report Height: Medium Weight: Medium Color of Eyes: Blue Color of Hair: Dark Signature: John H. Day, Register Date of Registration: 9-12-18
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