The Birmingham age-herald., 1923-03-25
PENALTY 0F DEATH ID bOLSHEV|KI IN STATE SUGGESTED
Numerous Changes in New Alabama Code in Reading
 of Statutes
STATE CAPITAL BUREAU l
 THE .AGE-HERALD Montgomery An. March a1

J. MaS liciu. code commissioner, and adopts chapter relating to trea- son which Judge Mayfield has in- cluded in the code of 1928.
 In writing the code now being read and compared with the code of Judge Mayfield included another sec ton in the chapter relating to trea- son in which he included bolshevism and anarchism and other isms in the definitions of treason. In the past, the state has not been able to i'm pose punishment upon those who ad vocate bolshevism and anarchism be- cause there is nothing In tho law prohibiting it.
 The constitution defines treason as the levying of war against the state or the support of the enemies ot the state. Under this provision Judge Mayfield is convinced that an- archists, and bolshevists can be placed within the class of those guilty ot treason. Section 1926 of the code ot 1907, which lis copied into the code of 1923. provides: Every person who commits the crime of treason against the state must, on conviction, sui fer death or Imprisonment in the penitentiary for life at the discre- ticn of the jury trying the same" Up to Committee.
 The recommendation relating to anarchists and bo1shevists is only one of a large number of proposals submitted by Judge Mayfield to the code committed. The committee has the right to accept the recommenda- tion and to rport them to the legis- lature for acceptance or to change them in such a way as 1t may seem fit.
 Few persons realize the great pow CT given to the code commissioner and the code committee. Instances have been rare where the legislature has amended the code as submitted to it by the code commissioner and code committee. The result has been that the commissioner and committee have used their own discretion in amending the code. Of course, minute report of the changes sub mitted to the legislature at the time the proposed code is reported for adoption and any member of the leg islature or the public may have full information in advance Of any changes proposed.
 Judge Mayfield has submitted to the code committee a printed report showing in detail the changes made in the code. While great majority of the amendments have been made under the direction of the lgislature through laws enacted at the spe- cial session in 1907, the special ses- sion of 1909, the regular sessions of 1911. 1915 and 1919 and the spe- eial sessions of 1920 and 1921. the printed report shows numerous changes proposed by the code com mi ssioner
 Eliminates Liquor Law.
 The code of 1907, almost from the beginning to end, refers to the
 nrth manner and methods for the uls- rensation of intoxicating liquors Commissioner Mayfield has eliminat- ed every reference to the legal sale of liquor, the legal opration of bar rooms and the handling of strong drink, these provisions of the code having been stricken by the enact ment of the state prohibition laws and finally by the ratification of the Eighteenth amendment to the con stitution of the United States. UT course, the bone dry prohibition law of 1919 and the other prohipitloIl statutes enacted since the code or 1907 was written nave been carrieu into the new code.
 Alabama attorneys will find when they read the new code eff the code commission and the legislature ac- cept Judge Mayfield's recommends tions) that the methods of handling cases in the courts have been reVlseu and simplified. Commissioner May field proposed changes which he pe- l;eyes will simplify practice and pro cedure and thus will bring more speedy justice to persons accused or criminal offenses as well as to litl- gants in civil cases.
 In the new criminal code. Judge Mayfield has proposed new chap ter defining anarchy and providlns for the punishment of anarchlsts.
 Another proposal is that grating be made a criminal offense and pun ishable in accordance with the pro- visions of the chapter
 Lynching. the formation of mobs and whitecapping (similar to the or . lenses which have been committed III Alabama in recent months) N--l pc condemned in another chapter. lnlS chapter defines lynching, moos ana whitecapping and provides punish ment
 Corrupt Practice Act.
 Judge Mayfield reported that ne had codified the law of 1915 prohlplt- ing corrupt practices in elections, but declared that it should be greatly re- vised or should be repealed Tn ; article cries loudly for revision O. repeal, it being a matter so intlmat ly connected and related to poiltics that the commiss toner was not Will ing to attempt to rewrite lt nor to omit it," said Judge Mayfieid ms report. Tt should. however be com pleteIy revised or repealed. 1t is very doubtful if it has ever srNed any useful purpose. Many of it's pro, visions are absolutely disregarded and some of them seem to be lmpos- sible of observance"
 Another recommendation ot the code commissioner was that the iaW relating to the department of examin- CTS of accounts be further revised and and the powers of the examiners increased. "The commissioner deems this a very important department or the government" said Judge May fields report. Tt needs further re vision to impose additional duties and confer additional powers upon the department to the end that uni counting for the public funds may be obtained for all the counties and 10: all the departments which receive and disburse public funds. The com missioner was unwilling to undertake it for the reason that the legislature had so often changed the law on tho subject that he thought it better to call the attention of the Legislature to the necessity in order that it might make these changes.
 Commissioner Mayfield codified the law of 1919 creating the stat, budget commission and putting re- strictions upon the legislature in y-.- consideration and amendment If rev enue bills. but expressed the opinion that the law should be changed. The commissioner has codified this act AIS he found it," said the report, but he doubts the propriety or ..ut,.1rity of one legislature to restrict or bind another as to some matters which are set forth in this article.' The law provides that the legislature will not increase an appropriation fAed py ihe budget commission except by q two-thirds vote of the members of the two bodies.
 O o O Clarifies Health Laws.