The Birmingham age-herald., 1924-09-07
VARIANCES FOUND IN NEW LAW CODE PROVE PUZZLING Conflict Discovered Ip
 Rules As To Children
 Driving Automobiles RULING CLEARS UP
 I CLOUDY SECTION Probate Judges Put In
 Quandary About Pay < For Election Lists

Provisions found in Alabama's latest 1923 model code of laws have put Q number of citizens to guessing as to just what is, and is not, the law of the land, according to reports from several sources. This is perhaps as 1t should be, since lawyers must live. At any rate, the new code is reported to conflict with itself in several places, and will evidently require considerable interpretation in order to effect re- eonciliation between dissenting sec tions. Apparently there are certain provisions which may be all right, but which don't mean much, if any thing, when considered in the light of other sections.
 For example, Representative J.. M. Parker, veteran legislator from Coosa, was recently heard to inquire at the capitol as to what is the law governing the driving of automobiles by children under certain age. A reply was not forthcoming; not immediately, at any rate.
 Provision Of Code
 Section 3329 of the code provides that any person under 15 years of age, who drives a motor vehicle upon the public highways of the state shall be guilty of misdemeanor and be dealt with as previved by the juvenile laws of the state. It is quite plan that at this stage of the code the intent was to make the prohibition apply under all circumstances to children under 15 {; for the next succeeding section pro- yides tlsat the ''owner or person in charge" of motor vehicle who permits it to be driven by a child under 15 shall be liable to a maximum penalty of $500 fine or six months hard labor and in addition his licenSe for the cur rent year shall be revoked.
 Turning to Section 626S, however, the students of Alabama law will be confronted with q provision to the eff feet that no person under 16 years of age shall drive motor vehicle, unless accompanied by an adult person."
 It has been suggested that maybe the effect of these two sections will be to allow Charles or Dorothy for one year of their lives, between the ages of 15 and 16, to drive if an adult is present; while if over 16, they are emancipated from chaperonage, and if caught at the steering whel before attaining the fiftheenth birthday, they shall be dealt with as provided in the juvenile laws of the state. This may be evidence of scientific study of the driving ability of the youth of the land, resulting in the conclusion that between IS and 10 they are right in company, over 16 they can go it alone and under 15 they are a menace any way you look at them. It may also be evidence of something else.
 Under one of the above sections there is notLing to. prevent a child of five from driving an auto, if accompanied by m adult person." while under the other boy or girl of 14, who drives a car is liable to the penalties of the law. no matter how closely watched and supervised their driving may be.
 Another Issue
 Probate judges are reported to be in quanadry about pay election lists. The old provision of the code of 1907, giving probate judges 2h cents name for such lists, is in the code of 1923 {; and there is in the new code also the provision of an act of 1920 which de- nied probate judges the compensation of 21% cents a name and allowed them the expense of clerical help to prepare such lists. Do probate judges receive both, and If not, which?
 Hugh White, special assistant at- torney general, has rendered an opinion made necessary to reconcile one section of the 1923 code, which provides that employees of the Alabama Public Serv- ice commission shall pass free on rail- roads with another section under which it is a viola tion of the law for such em- ployes to be allowed to pass free, After study of court decisions, Mir. White ruled, passing his ruling on high author ities, that they pass free. They have always done so, but the question arose when the new code at one point omitted employees of the public service commis- sion from the specified list of those af- lowed to receive free passes, leaving them in the category of those to whom issuance of passes was a violation of the law; while another section gave them the privilege.
 Another divergence noted in the new code is in the salary of the land clerk of the state auditors department. One section of the code fixes his salary at $2, 100 per year, another asserts that it is $2,200 per annum.
 It is not known just how many other contrasts may be found between various sections of Alabama's latest compilation of laws; and it is not claimed that those noted comprise in any sense a complete list.