The Birmingham age-herald., 1908-03-16
CAREER EXPLAINS REGISTRATION LAW Unavoidable Inability" May Be
 Interpreted Broadly IN HANDS OF REGISTRARS They May Use Their Discretion in Most cases-Must Open Books
 Before Every Primary
 and Election.
IN HANDS OF REGISTRARS

In a letter to R. G. Hewitt, chairman of the board of registrars of Jefferson county, Attorney General A. M. Garber points out the changes in the registration laws and gives his opinion as to what is meant by unavoidable inability" to be present when the books are opened and the words "at other times." He says the only change in the old law is to have the books opened Friday and Saturday before every primary and special election as well as the general elections. The reg istrars have a right to use discretion as to whom they allow to register there be- ing no fixed rule, he finds. The letter follows:
 Montgomery, March IA, 19Os Hon. R. G. Hewitt Chairman County Board of Registrars, Birmingham:
 Dear Sir-I am in receipt of your letter of March ', stating that the county board Of registrars of Jefferson county desire lny construction of that part of section 6, found on page AS of the acts of 1903, be- ginning with the words unavoidable in- ability" and desire especially to know what is meant by the phrase "at other times"
 Section of the act of 1903 has been embodied in section of an act Ito fur ther regulate elections in the state of Alabama" approved November 23 l901. See general acts of the special session of 1907, page TO. The only change in section of any importance is the provision re- quiring the registrars to sit on Friday and Saturday next preceding the day of each primary or special election as we'll as in the case of general or municipal elections. The language quoted in your letter from the act of 1903 is used in the recent act without any modification or change.
 The construction of the words "unavoid- able inability" when applied to applicants for registration at the sittings of the board on the special days next preceding the day of the elections named in the statute is a matter which must be left largely to the exercise of sound discre- ton on the part of the board l think the word "unavoidable' refers in this case to an inability which arises under cir cumstances beyond the control of the ap- plicant, that is, an inability that Is pro- duced under conditions and circumstances not within the control of the applicant. The word inability" as generally used, means the state or condition of being un- able physically. mentally or morally to do a certain tnlnR or to dccoilpllSh d certain result. In my judgment the word as used in the statute should not be con fined to simple physical inability. An "un- avoidable inability" may depend on the necessities growing out of the imperious and pressing obligations of domestic life ' or official busness, which, arising rom a high sense of duty in each case, would render it impossible for the applicant 70 register at one of the regular sittings of the board.
 As the statute provides that the ap- plicant shall prove to the reasonable sat isfaction of the board that by reason or physical disability of himself or sickness in his family during the period the board of registrars were registering the voters in the precinct where the applicant re. sided. it would appear that the term at other times" has reference to other reg ular sittings of the board, and not to the neriod when the board was registering the voters in the precinct of the applicant residence.
 I remain, yours very truly,
 ALEX M. CAREER,
 Attorney General.