People's party paper. [volume] (Atlanta, Ga.) 1891-1898, 1896-11-27
THREE JUDGES IN EACH COURT
Terms of the Bill Under Which
the New Men win Go into
ofEice-No Opposition.

This supreme court OF Georgia will
be organized in two divisions undar a
bill framed by Judge Samuel Lump.
kin in collaboration with judges
Simmons and Atkinson. This bill
was in reduced by Hon. j. s. Boyn-
ton Of Spalding and is now under
confederation by the general Judiciary
committee Of the house. 1t will
probably become law without change
as it is the well matured plan Of the
justices.
The first section provides that con
January LIST, 1897, or as soon there.
after as practicable, the chief justice
shall separate The court into two di-
visions, designating which justices
shall compose each, bat the person
mel OF each division shall, under his
direction, and in accordance with
such rules as the court may prescribe,
be changed from timo to time, so
that the divisions will not bscome
permanent in their constituency.
The division OF which tho chief jus
tice is member shall always be
known as the first division and he
shall preside. The other division
shall always DO known as the second
DIVISION and It's presiding justice
shall be designated by the chief JUS
tiCe. Whenever the chief justice is
absent or disqualified, and duty de-
volviHg on him shall be performed
by the associate justice who haa been
longest in commission"
Gases which have been argued
before the LIST Of January may he de-
oided by the full court & OK there
after, or Tor rehearing may be or
dered by the court upon lite own
motion, but not otherwise.
REoRGAEIzING THE COURT.
The work of the court, the num-
Der necessary to q quorum and the
method of reaching a decision BY the
court as q whole or when sitting in
divisions Of three justices, are fully
set forth in the Sd section of the bill,
which IL az followa:
abe it further enacted, That either
division Of the court shall have the
power to issue the writ Of maudamus,
or to take any other action necessary
TO the perfection Of records, accord.
ing to the practice wbich has hereto
fore preysiled in this court; and
either division msy render final
Judgment in any case agguod bafore
it, and such Judgment shall have the
same force and effect as if rendered
by the court as a whole; provided,
nevertheless, that the court shall, as
far as practicable, eudaaYor to go
conduct lis proceedings aa to have
eAo concurrence OF all the justices in
oil judgments rendered, except in
cases whore there is an express dis
sent upon tbs part Of one or more of
them. Every oaso argued before
either division may 30 considered by
the court as whole, or any ono or
more justices Of the other division
may participate in tins decision there
OF without argument; and where, for
any reason, a case Is heard in o diyi-
sion by only two justices, the CHIEF
justice shall direct enc or more JUS
tioes Of the othag division to parnci
pate in deciding it, or that it may be
decided by the court oa q whole
Whenever any justice in eitber diyi.
sion difIere from the otbsr two a. TO
any particular case pending before
it, such case shall go to the court
IS a whole for decision; and when.
ever it decides a case which has been
argued bafore one division only, il
may, upon its OWE motion, but not
otherwise, order resrgumsnt there
in. In all cases decided by q full
bench of sig justices, the concurrence
c. majority shall be essential to a
judgment o1roversal; and if the JUS.
tees are evenly divided, the iudg.
ment Of the court below shall! stand
affirmed. In all eases decided by
the court as . whole, with less than
Six justices, the concurrence of at
least three shall be essential to the
rendition Of judgment; and if Only
four justices act upon & case, and
they are evenly divided, tho ease