The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-17
MAYF|ELD TALKS
OF THE NEW CODE
Commissioner Says Many I'M
provements Are Being Made
WILL HAVE THREE VOLUMES
skeleton of the Work Has Been Pre-
pared and the Commissioner Asks
Suggestions From Lawyers to
Perfect codificatlon.
MILL HAVE THREE VOLUMES

Judge James J. Mayfield of Tuscaloosa,
code commissioner for Alabama, after
spending a couple Of days, left yesterday
for Montgomery, where he will make use
of the advantages of the supreme court
library for information necessary in the
recodifying of the Alabama statutes.
Nothing from the law point Of view is
considered more important to the people
of the state than the new code of laws
which Judge Mayfleld has been commits
stoned to prepare. The present code is
not an old one. having been prepared by
Judge w. L. Martin of Montgomery as
sisted by Judge Mayneid, in 1896 but with
the adoption of a new constitution in 1901,
necessitating the enaetlng of many new
laws by the Legislature of 1902, the pres
ent code is practically out of date. This
code is a great improvement over for
mer codes for which credit is largely due
Judge Mayheld. as he was intrusted with
the work of planning. arrangement elas-
sihcation. etc He was the author of the
bill providing for that code, though the
codincation proper was done by Judge
Martin.
dlkS OF tbs WoTk'
Judge Mayhed talked interestingly OF
the work he is now engaged with, and
the lawyers of the state will naturally
take a deep interest In his plans. There
are some changes to be made in the next
code which are thought to be improve
ments over the present" said Judge May
field. Most of these changes were sug-
4oJ - -i,t, 1,tya it Iudpra
Martin or myself. For instance. the new
code will be in three volumes instead of
two, the third volume being the political
code. and embracing that part of the
laws pertaining exclusively or especially
to the political department of the gov
eminent as distinguished from the Judi
cial, which contains a great deal of mat
ter which does not need codiflcation.
Convenient Volume.
1.-THE next civil code will therefore be
something after the order of the civil
codes OF procedure, and will be very
useful and convenient volume to the prac-
ticioners, jurists and justices OF the peace,
not being encountered with that large
volume of statutes as to which no refer
enee Is ever made in the actual practice
of law and which is only needed by the
executive of political officers as directions
in the enforcement of the law appertain-
ing to their respective departments. The
political code Will contain these matters
and 1t will thus make 1t more useful ana
seryiceable to those officers or persons
whose duties or business 1t is to enforce
or carry out or to ascertain the laws per-
tanning to their respective departments
of the government, such as the auditor
secretary of state, tax collectors asses
sors, the insane hospital, university, pub
lie schools. etc These subjects will be
arranged and classified in alphabetical
order, so they will be of easy reference.
Skeleton Work Completed.
"I have already completed the skeleton
of the new code and have made the nee
essary and proper arrangements, ana
classification under the new order, ana
in order to insure a thorough ana com
plete revision of all the present code ana
statute laws, | have adopted something
of the following plan: | have taken TWO
sets of the present code and clipped each
section thereof and pasted 1t upon
sheet OF durable linen paper of large size,
and have then taken two sets OF all the
acts of the legislature passed since the
present code and clipped each act ana
tasted Il upon a separate sheet or sheets
of the same character, quality ana size
of paper and carefully indexed all OF
such subsequent statutes and the present
code and by this means have referred
each statute passed since the present
code to It's respective corresponding or
kindred subject in the present code II
such Is to be found. II entirely new, the
statute forms a new subject, provision
or section: by this means separate file
Is made of every code and statutory pro-
vision of the laws of Alabama now ex-
TAM.
Suggestions Invited.
I'm order that these various laws may
be made to harmonic and In order that
the commissioner may make the best cod
ification POSSIBLE, ! am very DESTROYS that
the people of the state, especially the
lawyers, jurists and officers, who have
to deal constantly with the code and stat
utes will make suggestions to me OF any
needed changes or of any defects, In
constituencies. etc, in the present code or
statutes; that they will call my attention
to this matter by specifying the defect or
inconsistency naming the section of the
code or statute in which II occurs and
suggest the needed change. I will then
efer such suggestion to the respective
and proper place containing the section
of the code or statute referred to and
will give that my careful attention when
he comes to codify this provision and In
my report to the governor and legiSla-
ture or Will call their attention to such
suggestion, and in this manner their sug-
gestion will receive a proper considera-
ton and give the code commissioner and
the people the benefit OF the same.
ut is well known fact that some one
case in court or some action to be taken
under a particular statute or code pro-
vision may call attention TO a particular
defect or Inconsistency in the law which
might not be pointed out In a thousand
other cases or proceedings under the
same statute and which inconsistency or
defect might escape the attention OF the
commissioner or even hundred separate
commissioners examining the same statute
CT code provisions.
IF the people, lawyers and jurists OF
the state will take the proper interest,
the new code will thus receive the benefit
Of all the previous proceedings and ex-
perienee had under the existing laws
and will thus afford an opportunity for
curing such defects.
"The commissioner Is very anxious that
the people, and especially the lawyers
and iuiists of the stae, will put themselves
to the trouble to drop him a card or a
letter calling his attention to such defect
or inconsistency as they may have dis
covered and he assures them he will file
the same with that particular section or
statute referred to and when he comes
to codify the same will give 1t his care
full attention.
We make the best . &c in town. Ago
Herald En~ravin@ Company.