The times. [volume] (Richmond, Va.) 1890-1903, 1901-11-19
JUDICIARY Plan
NEARLY READY
The Finishing Touches Are Being
Put On.
MANY IMPORTANT CHANGES
MANY IMPORTANT CHANGES
Plan as 1t viii Be Presented to the
Committee, With Some Slight Al
teratlons An Interesting
Paper.

It is understood that the Judiciary
Committee will. in (. few days, submit
its report to the convention A draft of
the new plan has been made, and Chair
touches upon 1t.
Below is given the scheme, practically,
as it will be represented to the conven-
ton, showing the changes from the plan
already printed in The Times:
ARTICLE VI.
JUDICIARY DEPARTMENT.
Section /. There shall be a Supreme
Court of Appeals, Circuit courts and
City courts. The Jurisdiction of these
so far as the same is confirmed by this
Constitution, shall be regulated by law.
Present section:
Section 3 The Supreme Court of APP
peals shall consist of five judges, any
three of whom may hold a court 1t
shall have appellate Jurisdiction only ex-
cept in cases of ha beas corpus, manda-
mus and prohibition. It shall not have
jurisdiction in civi! cases where the mat
ter in controversy, exclusive of costs is
less in value or amount than five hun
drcd dollars, except in controversies con-
corning the title or boundaries Of land,
the probate of will, the appointment
or qualification of "a personal represent
tative. guardian, committee or curator;
or concerning a mill, roadway, ferry or
landing; or the right of a corporation or
OF a county to levy tolls or taxes, and
except in cases OF llabeas corpus, manda-
mus and prohibition, or the constitutions
atty of a law: provided, that the assent
of a majority of the judges elected to
the court shall be required in order to
declare any law null and void by reason
Of it's repugnance to the Federal Con-
stitution or to the Constitution OF this
State. Amended section:
Section .. The Supreme Court Of APP
peals shall consist of five judges, any
three Of whom may hold q, court. 1t
shall have original jurisdiction in all
cases of habeaS corpus, mandamus and
prohibition. 1t shall, subject to such
reasonable rules prescribing the course
Of appeal and limitations as to time and
to such reasonable terms as to security
and as to granting or refusing appeals
and as to procedure therein as may be
prescribed by law, have appellate jul
risdiction in the following cases: Con-
trovcrses concerning the title TO or boun-
daries of land, the condemnation of
property. the probate OF will, the APP
pointment or qualification of d personal
representative, guardian, committee or
curator; or concerning MILL roadway,
ferry or landing; or the right of a cor
poration or of d county to levy tolls or
any law of the State or of an ordinance
OF a corporation, or Of any proceeding
of a county imposing taxes; in all cases
of hapeaS corpus, InandamuS and pro-
hihiton, or other matter not merely pc
cuniary; and in all other civil cases where
the matter in controversy. exclusive OIL
costs and of interest accrued since the
judgment or decree in the court below, IS
five hundred dollars: provided. that no
ho "a
of the Commonwealth in any case involv-
ing the life or liberty of a person, except
that an appeal to said court may be al
lowed at the instance of the Common
wealth in any case involving the en-
forcement of any revenue law OF this
State; and, provided further, that the as
sent of at least three of the judges OF
said court shall be required, in order Tor
said court to determine that any law Is,
or is not repugnant to the Constitution
of the United States or to the Constl-
tuition of this State; and. if in any case
involving the constitutionality OF any
such law not more than two OF the
judges sitting agree in opinion on the
Constitutional question involved ana the
case cannot be determined without pass
ing on the Constitutional question, no
judgment shall be entered thereon. but
the case shall be reheard before a full
court; and in no case where the Juris-
diction of tie said court depends solely
upon the fact that question OF the
constitutionality of a law is involved
shall the court have jurisdiction to decide
such case upon its merits, unless the
of the appellant upon such
Constitutional question be sustained. II,
in any case, the requisite majority OF
the judges sitting are unable to agree
upon decision. such case shall be re-
heard befort a full court, which, IN case
any one or more OF the judges are unable,
unwilling or disqualified to sit, shall be
by temporarily filing the
so caused, as may be pre-
scribed by law.
Section 3. Special courts of appeals, to
consist of not less than three nor more
tnan five Judges, may be formed OF the
Judges of the Supreme Court OF Appeals,
o, the Circuit Courts and OF the city
courts of record, or Of any Of them, to
try any cases on the docket Of said court
in respect to which majority OF the
judges thereof may be 50 situated as to
make it improper for them to sit on the
hearing of the same; also. to try any
cases on said docket which cannot be
otherwise disposed OF with convenient
dispatch.
(ChangeG go as to include city judges.)
Section i. When a judgment or decree
is reversed or affirmed by the Supreme
Court OIL Appeals lIc IeslSO!iS llllSIelOI
shall be stated in writing and preserved
with the records of the case. and when an
appeal or writ of error is refused. a brief
statement in writing Of the reasons for
such refusal shall be given.
tChanged so as to require brief state
nent in writingSo the reasons for refus-
ing an appeal)
Section .. The Judges of the Supreme
Court of Appeals shall be chosen by the
joint vote of the two houses of the Gen
era Assembly, and shall, after the first
election hereunder. hold their office for
4 term OF twelve years, unless sooner re-
moved in the manner prescribed by this
They shall, when chosen,
have held judicial station in the United
States. or shall have practiced law in this
Dr. some other State for five years. At the
first election of said judges unoert this
the General Assembly shall
elect one of said judges for a term of four
years. two for g term of eiSht years ard
TWO for a term OF twelve years.
cat the first election under this Consti- |
luton to be elected for different terms) |
Section s. The officers of the Supreme
Court of Appeals shall be appointed by
he said court or by the Judges. thereof in
Their duties compensation |