The Birmingham age-herald., 1923-03-25

at W HUH lHCy WCIl SOutH idSe ySoA. is only a recommendation of the code commi ssioner." said the report.
 Every person handling public funds will be required to make bonds with surety companies if the legislature accepts another recommendation of the code commissioner, and clerks and employees in departments han ding public funds will be required to give bonds. At present there is no law requiring state end county officials to furnish bonds in surety companies. While great majority do make such bonds, few furnish personal sureties, and the state has found much trouble in attempting to collect the amounts of bonds Of de- faulting officials when the bonds were made by personal friends of the officials.
 Commissioner Mayfield urged the revision of the workmen's compen- sation act of 1919. He said he made several efforts to rewrite the law, but found it impossible to follow the provisions of the statute and make the law satisfactory to himself. The act of 1911 providing for state board of mediation and arbi- tration for the settlement of indus trial disputes was cCdified, but the code commissioner said it had never yer i been put into effect so far as he had been informed. Tt is one job or public office which nobody seems to | want" said the report.
 1 Husband and Wife Clause.
 l The chapter relating to husband and wife was amended by the code commissioner so as to provide that the marriage of males. as well as females, might relieve disabilities or homage and so as to make the con tracts of married persons valid not hot q nd iru fhoV undert2l years old.
 Crops which may be grown in fu- ture years cannot be tied up by aA mortgage if the legislature adopts another recommendation of the code commissioner. At present the grower cf a crop not only may mortgage the crop for the current year but may tie up crops which might be grown in the future. There has been such an abuse of this statute by mort gagees that the commissioner was of the opinion that it should be cor rected in so far as it could be done," said the report "The statute au- thorized legal title to be conveyed by mortgage on the crops grown for the current year, and under the hold Ting it created an equitable title on crops to be grown in future years. The anne ndment attempts to prevent the creation of these equitable titles on crops grown in the future years.
 In his effort tC' simplify practice and procedure. Commissioner May field has proposed that the number of written charges which may be re- questcd by a party to a case be limited to ten. He reported that the custom of permitting unlimited charges in writing has resulted in the habit of requesting lnnumer able charges. not TOT the purpoH or aiming a correct verdict, put TOT the purpose of reversing the Verdlca and judgment when it is obtained To Limit Wrfteen Charges.
 In a note attached to his statement regarding the giving of written charges, Commissioner Mayfield said; The practice and custom Of asking scores and even hundreds of writ ten charges on the trial of case IS useless and bad custom. It is not necessary to obtain correct verdicts or due justice between the parties; Ii rather tends to prevent justice ana more often results in the reversal Of Judgments which are perfectly Just and righteous than it does to reverse erroneous Judgments. While the code commissioner has limited the number to 10, of course, this is more tentative or suggestive on ms part but the number certainly ought to De limited A custom has grown up or attorneys preparing and keeping on hand a lot of stereotyped charges for the purpose of catching out the trial judge, rather than to have the jury correctly Instructed as to the law
 Commis ssioner Mayfield urged the lceislature to rewrite the so-called blue sky law. He said he made sev- eYal efforts to do so, but finally con cluded that it would not be best since it might disturb business and since no notice had been given to those operating under the provisions ot the pod a6 article which he included in the code be omitted or rewritten.
 .It is in the main a tumble of words, phrases and clauses with little meaning and no understandings, said the comissioner's report. Tt is re- markable that the English and Amer ican statute of frauds which intended to cover every species of fraud known at that time could be printed on one or two pages when this act which re- lates to only one kind or securities and is intended to prevent fraud in dealing as to such securieties should require pages and pages.
 ..The commissioner deems it de batable question if it should not be better to eliminate the whole article and rewrite one or two sections ln- tended to prevent these frauds in dealing with such securities and inn pose penalties for the violation there- of"
 O O O
 Urges Salary Increase.
 Commissioner Mayfield. in his conn ment on the salaries of the justices of the supreme court, urged that, if any changes are made, the salaries be increased. He said personal ex perience had taught Mm that jus tIce can barely eke out an existence under present salaries and declared that there is probably not an attor- ney in Alabama who is qualified to sit on the supreme court, who does