The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-11-21
THE STATE SUPREME COURT.
REORGANIZATION AND REVISED
PROCEDURE PROPOSED.

A Bill TO Authorize the Change In~
the LegfsIaturc-The Court 10 BE
Divided Into Two Divisions with
the Chief Justice as the Head of
One of Them.
Atlanta, Ga, Nov. 2O.--Judge Boynton
of spalding has introduced the bill pre-
pared by the present supreme court JUS
ttces providing for the reorganization and
revised procedure of the court after Jan.
!, when the three new judges will take their
seats.
According to the bill the chief justice
VIII separate the court into two divisions,
designating which justices shall compose
each but the personnel of each division
shall be changed from time to time so that
the divisions will not become permanent
In their constituency. The division of
which the chief justice is a member will al
ways be known as the first division and he
shall preside. The other division will be-
known as the second division and it's pre-
siding Justice will be designated by the
chief Justice. Whenever the chief justice
is absent or disqualified any duty devolv-
ing upon him will be performed by the as
soclate justice who has been longest i'm
commission. a
Cases which have been argude before
Jan. 1 may be decided by the full court
of six thereafter, or a rehearing may be
ordered by the court upon its own motion.
1t is provided that either division of the
halI
writ of mandamus, or to take any other
action necessary to the perfection of rec
ords, and either division may render final
judgment in any case argued before It,
provided that the court shall as far as
practicable endeavor to so conduct its pro-
ceedings as to have the concurrence of all
the justices I'm all judgments rendered ex-
cept In cases where there is an express dis
sent upon the part of one or more of them.
Every case argued before either division
may be considered by the court as a whole
or any one or more justices of the other
division may participate in the decision
thereof without argument, and where for
any reason a case is heard In a division by
only two justices. the chief justice shall
direct one or more Justices of the other
division to participate in deciding 1t. or
that Ii may be decided by the court as a
whole.
Whenever any Justice In either division
differs from the other two as to any partic-
ular case pending before II, such case shall
go to the court as a whole for decision.
and whenever II decides a case which has
been argued before one division only it
may upon Its own motion, but not other
wise, order a re-argument therein.
In all cases decided by a full bench of
six justices the concurrence of a majority
shall be essential TO a Judgment of re-
versal, and II the justices are evenly Nil
vided, the Judgment OF the court below
shall stand affirmed. In all cases decided
by the court as a whole with less than
six justices, the concurrence Of at LEAST
three shall be essential to the rendition OF
Judgment, and IL only four justices act
upon case. and they are evenly divided,
the case shall be re-argued before full
bench, If possible before the term closes,
and IL not the judgment of the court be-
low shall stand affirmed.