The Montgomery advertiser., 1908-04-05
SECTION OPENS EYES
CODE CALLS DEPARTMENTs OF
 STATE TO NOVELTIES.
c1ex1cal Forces of Agriculture and fn- aastrfes to Have Cegnizanee of
 Recent Enactment Published in State Laws.

The clerical force of the Alabama pepa artment of Agriculture and Indus tries got an eye-opener yesterday by perusinK section of the new State Code. It was also an eye-opener for Commissioner J A. Wilkinson. It is the now famous Section 51 of the code.
 How this section crept into the Code ft would be hard to tell. But 1t IS there and it is law. If obeyed to the letter 1t will put upon the depart ment cumbrous duties that were never anticipated by any one connected with the department.
 That is what made the clerks sit up so suddenly and take notice when the section first gleamed on their sight. In positive, unequivocal terms the dee partment is required to make to the State Treasurer and State Auditor daily report on the moneys received from fees for licenses, from sales from tags from fees for registration of lands for sale or from any other source"
 These moneys will have to be paid daily into the State Treasury on cer- tificate of the Auditor. Heretofore, the clerks and commissioner of this department have had to make only monthly reports. So there was brushing of glasses and another read ing of the law on the subject It looked like a pretty tough proposi-, ton to have to chase down to the State Auditor and then to the State Treasurer every time some distant merchant sent in a doi;ar as the an- nual license for selling fertilizers. Yet .fhe law says this must be paid into the Treasury daily and it looks like daily 1t must be done.
 An inevitable consequence of this section, 1t now seems, will be to force the merchant remitting his dollar license to no longer send in his check for pay but to either remit by money order or allow the discount on check. Under the old law calling for monthly reports. the Commissioner had bank ing arrangement whereby on deposits of all checks running from month to month there was no discount. But now the cash must be forthcoming on the day of remittance and it is be- lieved that no bank can be found which will cash checks daily without discount.
 Here is the way that Section 51 of the new Code reads:
 aAli moneys received by the Depart ment from fees for licenses. from sales of tags. from fees for registra- tion of lands for sale. or from any other source, must be paid into the
 
 must be by the Auditor and Treasurer entered on the books of their respec- tive offices to the credit of the Depart ment of Agriculture and Industries"
 In apparent conflict with this sec tion of the Code, however. there stands Section 21. This provides that all such moneys as have been mentioned h Section 51 shall be paid into the the State Treasury monthly on the cer- tificate of the State Auditor.
 So. the clerical force of the De- partment of Agriculture and Industries are asking to know where they stand. One man In the Capitol who does not profess to be a lawyer but is reputed to have guessed right on many such occasions. ventured to say that the Department is between the Satanic being and the deep ultra a-marine." whatever that is.
 Others do rot look on it in so seri- ous a light as this. They believe tha department Is In a quandary or inn paled on the two horns of a dilemma. There is a hint that the Attorney General may be called into the arena. There must be some rescue.
 The members of the qualification committee of the Legislature might be quiszed on the matter but they, it is understood. were sworn to secrecy in